IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14943 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. MR YUSUF S/O ABDULLA AGED ABOUT 30 YEARS RESIDING AT No.24-5-704/3/111 ATTAVARA, ROTARY HEALTH CENTRE MANAGLORE, DAKSHINA KANNADA – 575 001.

…PETITIONER (BY SRI AMIT C SHETTY, ADVOCATE FOR SMT. DIVYASHREE M, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY GOVINDARAJ NAGARA POLICE STATION Digitally signed by LAKSHMINAR AYANA BENGALURU CITY - 560 040.

MURTHY RAJASHRI (REPRESENTED BY THE Location: HIGH COURT OF LEARNED STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT OF KARNATAKA BENGALURU )

…RESPONDENT (BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S

482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.No.109/2025 OF GOVINDARAJA NAGAR P.S., BENGALURU CITY, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 318(4) OF BNS, 2023, U/S 66(D) OF I.T ACT, 2000 AND 24^TH ADDL. COMM.

COURT, BANGALORE.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the sole accused under Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.109/2025 of Govindaraja Nagar Police Station punishable under Section 318(4) of BNS and Section 66(D) of the I.T.Act, 2000.

2. Heard learned counsel for the petitioner and learned HCGP for respondent – State.

3. Learned counsel for the petitioner would contend that FIR has been registered against one person by name Sharat. The petitioner has not been shown as accused in the FIR. There is a delay of 42 days in filing the FIR. The alleged transfer of Rs.1,73,000/- is not to the bank account of the petitioner. The provisions of Section 318(4) of BNS is not attracted but at the most offence under Section 318(1) of BNS is attracted. The punishment provided for offence under Section 318(1) of BNS and Section 66(D) of Information Technologies Act is provided with punishment of imprisonment for 3 years. The petitioner is not a habitual offender. The petitioner who is involved in commission of offence under Section 394 of IPC has been granted bail and he is attending the Court in that case. With this he prayed to allow the petition.

4. Per contra, learned HCGP would contend that the petitioner is having criminal antecedents and is committing similar offences. The petitioner has used three victims and created bank accounts in their name and getting money credited to their bank accounts. The petitioner is introducing himself as Sharat and as a Ayurvedic Doctor and getting himself introduced to the girls and cheating them, getting the money transferred to the accounts created by him. The Google account information indicates that the petitioner is using 13 phone numbers. The petitioner has also created a fake Facebook account in the name of Neelkanta Swamy and alleged that he is doing black magic. The petitioner is involved in commission of offence punishable under Section 394 of IPC. The petitioner is required for custodial interrogation. If the petitioner is granted anticipatory bail, there are chances of him hampering the investigation, tampering the prosecution witnesses and committing similar offence.

With this she prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record.

6. On the complaint filed by one Vinutha.A.H., case came to be registered in Crime No.109/2025 of Govindarajanagar Police Station for offences under Section 318(4) of BNS and Section 66(D) of Information Technology Act, 2000. In the said FIR, one Sharat has been arraigned as accused and phone number mentioned is 9845456307. In the complaint it is alleged that complainant has received a friend request from one Sharath and she has accepted and the person has described himself as Sharath, Ay