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2025 Supreme(Online)(Kar) 9790
KARNATAKA HIGH COURT
,
MR.AVINASH VITTAL SUTHAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
Bail Application | Crime No.11/2025
For the Appellants/Petitioners: [Learned Counsel]
For the Respondents: [Learned HCGP]
The court grants bail under the conditions specified, emphasizing the absence of direct allegations against the petitioner and completed investigation.
Headnote:This judgment addresses the bail application under Section 483 of BNSS, 2023, concerning offences under the Information Technology Act and BNS, 2023. The petitioner, arrested without prior criminal antecedents, seeks bail after the completion of investigation and filing of the charge sheet. The court finds no direct allegations against the petitioner and determines that bail should be granted. The primary issues include the nature of the allegations and the petitioner’s criminal history. The court holds that the petitioner qualifies for bail under the conditions specified in the order.
| Table of Content |
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| 1. petitioner's request for bail is based on completed investigation and lack of prior criminal history. (Para 1 , 3 , 4 , 6) |
| 2. arguments presented by both parties regarding the bail application. (Para 2 , 5) |
| 3. court grants bail under specified conditions. (Para 7) |
ORAL ORDER
Accused No.2 in Crime No.11/2025 registered by Dakshina Kannada CEN Crime Police Station, Dakshina Kannada, for the offences punishable under Sections 66(C) and 66(D) of Information Technology Act , 2008 and Sections 308(6) , 319(2) , 318(4) and 3(8) of BNS , 2023, is before this Court under Section 483 of BNS S, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.11/2025 was registered by Dakshina Kannada CEN Crime Police Station, Dakshina Kannada, for the aforesaid offences against unknown persons based on the first information dated 03.03.2025 received from Radhakrishna Nayak S/o late Purushothama Nayak. During the course of investigation, petitioner herein was arrested on 10.03.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5054/2025 was rejected on 05.04.2025. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that investigation of the case is completed and charge sheet is already filed. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition.
6. FIR in the present case was registered against unknown persons. During the course of investigation, accused Nos.1 and 2 were arrested in the present case. After completing the investigation, charge sheet has been filed against accused Nos.1 and 2. The allegation in the charge sheet is that by threatening the first informant that he was involved in a money laundering case and he was under digital arrest, a sum of Rs.15 lakhs was transferred to the account of accused No.1 with the assistance of accused No.2. Undisputedly, there is no allegation that money has been transferred to the account of the petitioner. Investigation in the case is completed and charge sheet has been filed. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.11/2025 registered by Dakshina Kannada CEN Crime Police Station, Dakshina Kannada, for the offences punishable under Sections 66(C) and 66(D) of Information Technology Act , 2008 and Sections 308(6) , 319(2) , 318(4) and 3(8) of BNS , 2023, subject to the following conditions:
