IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 280 OF 2025 BETWEEN:

DEV SHARMA S/O R.P. SHARMA AGED ABOUT 51 YEARS R/O INDIGO 605, H.M. WORLD CITY APARTMENT, NEAR VINAYAKA THEATRE, J P NAGAR PHASE-9 BANGALORE - 560 078.

…PETITIONER (BY SRI SHASHANK SHEKHAR JHA, ADV., FOR SRI GAURAV H.S, ADV.)

AND:

1. STATE BY STATION HOUSE OFFICER INDIARA NAGAR POLICE STATION BANGALORE CITY 560 038 HIGH COURT OF KARNATAKA.

Digitally (REPRESENTED BY THE STATE signed by PUBLIC PROSECUTOR)

NANDINI MS Location:

B'LORE - 01. High Court of Karnataka

2. JAHNAVI G ACCOUNTANT OF OPTIMIZORY RESOURCES PVT. LTD., #164, 9^TH CROSS, 5^TH MAIN HOYSALA NAGAR, INDIRANAGAR, BANGALORE - 38.

…RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R-1;

SRI AMAR CORREA, ADV., FOR R-2)

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS)

PRAYING TO ORDER THE PETITIONER TO BE ENLARGED ON ANTICIPATORY BAIL IN CR.NO.194/2024 REGISTERED IN INDIRANAGAR P.S., PENDING BEFORE 10th ACMM COURT, MAYOHALL, BENGALURU, FOR OFFENCES P/U/S 66(C) AND 66(D) OF IT ACT, SEC.420 OF IPC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This petition under Section 482 of BNSS, 2023, is filed by accused no.3 in Crime No.194/2024 registered by Indiranagar Police Station, Bengaluru City, for the offences punishable under Sections 66(C), 66(D) of Information Technology Act, 2000, and Section 420 of IPC, apprehending arrest in the said case.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.194/2024 was registered by Indiranagar Police Station, Bengaluru City, for the aforesaid offences against Franklin George based on the first information dated 18.07.2024 received from respondent no.2. Apprehending arrest in the said case, petitioner had filed Crl. Misc.

No.25760/2024 before the jurisdictional Sessions Court which was rejected on 13.09.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accused nos.1 & 2 have been granted regular bail by the Trial Court and it is only thereafter, respondent no.2 has been making unnecessary allegations against the petitioner. He also submits that no allegations are found against the petitioner in the first information and only in the further statement of the complainant, allegations are made against the petitioner.

Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP and the learned Counsel for respondent no.2 who have filed their statement objections, have strongly opposed the petition. They submit that petitioner is a person with criminal antecedents and on similar allegations Vanrai Police Station of Mumbai, have registered FIR in Crime No.405/2024 against the petitioner and others. They submit that there is material to show that from the alleged fraud, a sum of Rs.One Crore has been transferred to the account of the petitioner and a sum of Rs.29 lakhs has been transferred to the account of his wife who is also arrayed as an accused in the present case. Petitioner and his wife have not been cooperating for the purpose of investigation. Even in the criminal registered in Mumbai, he is absconding. Custodial interrogation of the petitioner is very much necessary since he is the master mind of the fraud committed. Accordingly, they pray to dismiss the petition.

6. In the first information that was submitted by respondent no.2, it is mentioned that petitioner had joined their company in the month of June 2023 and had introduced customers through Franklin George who was introduced as an employee of ABIS group. It was represented