Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:647 CRL.P No. 15337 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15337 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
MUHAMMAD SHAKKIR S/O IBRAHIM, AGED 31 YEARS.
2.
ANSILA V K W/O MOHAMMAD SHAKKIR, AGED 22 YEARS.
BOTH R/O KUNNATHPARABATH, PEECHAMIKODE, PORRUNANORE WAYANAD, KERALA -
…PETITIONERS
(BY SMT. TARJANI DESAI.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY CYBER CRIME P.S REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560001
…RESPONDENT
(BY SRI. M R PATIL, HCGP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:647 CRL.P No. 15337 of 2025
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.34/2025 REGISTERED BY CYBER CRIME P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66, 66(C), 66(D), 72 OF I.T ACT, 2000, UNDER SECTIONS 318(4), 319(2) OF BNS, 2025, PENDING BEFORE THE 45th ACJM, BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER The petition is filed under Section 482 of Bharatiya Nyaya Sanchita Sanhita, 2023 in Crime No.34/2025 of Cyber Crime Police Station, Bangalore City, registered for the offences punishable under Sections 66, 66C, 66D, 72 of Information Technology Act, 2000 and Section 318(4), 319(2) of BNS, 2025. 2. Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioners would contend that, the petitioners are husband and wife. They
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HC-KAR NC: 2026:KHC:647 CRL.P No. 15337 of 2025
are running a company by name Waynad Pantry Private Ltd, and they are having bank account in the name of the company. The petitioners found that their ATM card has been blocked, and they enquired in the bank, and the bank people told that, there is some unauthorised transactions in their bank account. The petitioners immediately went to police station, and lodged a complaint on 09.08.2025 and acknowledgment in that regard has been issued. The petitioners again filed another complaint on 13.08.2025 before the Cyber Crime PS Wayanad, and acknowledgement has also been issued. The petitioners are innocent. They are not involved in commission of any office. Any amount credited to the bank account of the petitioners' company has not been utilized by the petitioners. The petitioners' bank account has been hacked. The petitioners are ready to cooperate with the police in the investigation, and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. The
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HC-KAR NC: 2026:KHC:647 CRL.P No. 15337 of 2025
offences alleged against the petitioners are not punishable either with death or imprisonment for life. With this, she prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, a sum of Rs.29,90,223/- has been transferred from the account of the complainant to the bank account of the petitioners' company, and subsequently, the same amount has been transferred in different denominations to two thousand accounts. The petitioners are required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on the court. 6.
A case has been registered in Crime No.34/2025 of Cyber Crime Police Station, Bangalore on the complaint of authorized representative of Whizdm
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HC-KAR NC: 2026:KHC:647 CRL.P No. 15337 of 2025
Finance Limited against unknown persons for the aforesaid offences. But the name of the petitioners is not shown either in the FIR or in the complaint. The petitioners have received a notice under Section 35(3) of the BNSS dated 15.08.2025 from Cyber Crime Police Station, Bangalore City, and therefore, they apprehend their arrest. It is a contention of the petitioners that, their bank account has been hacked and used by unknown persons. Whether the petitioners are involved in the commission of offence or not is a matter of investigation. The petitioners have undertaken to cooperate with the investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners are not having any criminal antecedents. 7. Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. - 6 -
HC-KAR NC: 2026:KHC:647 CRL.P No. 15337 of 2025
In the result, the following:
ORDER i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.34/2025 of Cyber Crime Police Station, Bangalore City, registered for the offences punishable under Sections 66, 66C, 66D, 72 of Information Technology Act, 2000 and Section 318(4), 319(2) of BNS subject to following conditions: a) The petitioners shall voluntarily appear before the Investigating Officer within fifteen days from this day, and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioners shall appear before the Investigation Officer on every Sunday for a period of two months or till filing of the final report whichever is earlier. c) The petitioners shall co-operate with the Investigating Officer in investigation, and
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HC-KAR NC: 2026:KHC:647 CRL.P No. 15337 of 2025
appear before the Investigating Officer whenever called for. d) The petitioners shall not directly or indirectly make any inducement, threat or homage to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 2