IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 15559 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. SRI BARUNENDRA

S/O RANJEET CHOUDHARY

AGED ABOUT 31 YEARS

R/O SIKTA, SIDDHARTHNAGAR

UTTAR PRADESH - 272 153.

2. SRI GAURAV CHAUDHARY

S/O RAM ROOP CHOUDHARY

AGED ABOUT 35 YEARS

R/O THAKUR DWARA, POST MEHDAWAL

SANT KABIR NAGAR

UTTAR PRADESH - 272 271.

…PETITIONERS

(BY SRI BHARATH KUMAR V, ADVOCATE)

Digitally signed by

LAKSHMINARAY ANA AND:

MURTHY RAJASHRI

Location: HIGH

COURT OF 1. STATE OF KARNATAKA

KARNATAKA

THROUGH CEN CRIME POLICE STATION

DAVENGERE,

REPRESENTED BY

STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

DR. AMBEDKAR VEEDHI BENGALURU - 560 001.

…RESPONDENT

(BY SMT. B PUSHPALATHA, ADDL. SPP)

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

482 BNSS) PRAYING TO ENLARGE THE PETITIONERS HEREIN ON BAIL IN THE EVENT OF THEIR ARREST IN RELATION TO FIR BEARING No.99/2025 REGISTERED WITH THE RESPONDENT DAVANAGERE CEN CRIME P.S., WHEREIN THE PETITIONERS HEREIN ARRAIGNED AS ACCUSED Nos.1 AND 2 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66(C), 66(D) OF INFORMATION TECHNOLOGY ACT, 2000, R/W SECTION 3, 318(3),319(2) OF BNS.

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 accused Nos.1 and 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.99/2025 of CEN Crime Police Station, Davanagare, registered for offences under Section 66(C), 66(D) of Information Technology Act, read with Section 3, 318(3) and 319(2) of BNS.

2. Heard learned counsel for the petitioner and learned Additional SPP for respondent/State.

3. Learned counsel for petitioner would contend that there was transaction between petitioner and the complainant with regard to supply of study material. The amount sent by the complainant to petitioner No.1/accused No.1 regarding 6 transactions amounting to Rs.2,00,000/- is with regard to the payment of said study material supplied by the petitioners. The complainant was running a coaching institute to which the petitioner No.1 has supplied the study material. The alleged getting medical seat allotted does not pertain to any academic year. The said transactions have been spread over for a period of 3 years. That itself indicate that the allegation made in the complaint regarding getting medical seat for relative of the complainant is false. The petitioners are ready to co-operate with the police in the investigation.

With this he prayed to allow the petition.

4. Per contra, learned Additional SPP would contend that in the guise of getting medical seat, the petitioners have got transferred Rs.10,64,000/- from the complainant to different bank accounts and Phonepe number given by the petitioners. The petitioners did not get any medical seat for the complainant's relative and cheated him. The matter is under investigation. With this, she prayed to reject the petition.

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

6. The allegation in the complaint is that the petitioners and another came in contact with the complainant and they promised him to get a medical seat for his relative and got transferred Rs.10,64,000/- to different accounts. The said details of the payments made by the complainant as narrated in the averments of the complainant are spread over for a period of 3 years in 24 dates. Whether the said payments made by the complainant to different accounts pertains to the petitioners or some other person requires to be ascertained after investigation. The petitioners are ready to co-operate with IO in investigation and abide by the terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. The offences alleged against the petitioners are not punishable either with death or imprisonment for life.

7. Conside