IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 14989 OF 2025

(438(Cr.PC) / 482(BNSS)

BETWEEN:

1. SHRI. SAEED BASHEER,

S/O BASHEER V M,

AGED ABOUT 22 YEARS,

R/AT VAZHAMATTAHIL

HOUSE MUDICKAL P.O.,

PALLIKAVALA VENGOLA ERNAKULAM,

KERALA - 683 547.

…PETITIONER

(BY SRI.MAHAJAN.B.K., ADVOCATE)

AND:

STATE OF KARNATAKA,

1. THROUGH SUB INSPECTOR OF POLICE

Digitally signed by

LAKSHMINARA YANA CYBER ECONOMICS, NORCOTIC PS

MURTHY RAJASHRI

CENTRAL DIVISION,

Location: HIGH

COURT OF BENGALURU CITY - 560 020.

KARNATAKA

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

BENGALURU - 560 001.

…RESPONDENT

(BY SMT.B.PUSHPALATHA., ADDL. SPP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 (FILED U/S. 482 BNSS) CR.P.C PRAYING TO PASS AN ORDER DIRECTING THE ENLARGEMENT OF PETITIONERS HEREIN ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN RELATION WITH CRIME NO.0172/2024 REGISTERED BY THE RESPONDENT FOR OFFENCE PUNISHABLE UNDER SECTION 66(D) OF INFORMATION TECHNOLOGY ACT 2008 AND SECTION 420 OF IPC 1860 PENDING ON THE FILE OF THE LXXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-82).

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 sole accused under Section

482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in respect of Crime No.172/2024 of Central CEN Police Station registered for the offences punishable under Section 66(D) of Information Technology Act, 2000 and Section 420 of IPC.

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

3. The learned counsel for petitioner would contend that, the account number of the petitioner is not mentioned in the averments of the complaint. Even ten account numbers do not contain the account number of this petitioner. The petitioner, who has received Rs.3,00,000/- to his account, has transferred the same. The petitioner has received a notice under Section 41A of Cr.PC, and therefore, he apprehends his arrest. The petitioner is ready to cooperate with the Investigating Officer in the investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is not having any criminal antecedents. With this, he prayed to allow the petition.

4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the petitioner has received Rs.3,00,000/- to his bank account on 19.02.2024. The petitioner subsequently transferred the said amount of Rs.3,00,000/- to the complainant, and that itself indicates the involvement of this petitioner in the commission of the offence. The petitioner is required for custodial interrogation. With this, she prays to reject the petition.

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

6. On the complaint of one Patrick Rozario, case has been registered in Crime No.172/2024 of Central CEN Crime Police Station for the aforesaid offences. In the complaint, it is stated that, some unknown persons contacted the complainant through telegram App, and subsequently contacted him through WhatsApp from three mobiles, and induced the complainant to invest money to get more returns. Initially, he gave returns to the investment, and subsequently, he got invested on different dates total Rs.22,01,059/- and did not give any profit or did not return the amount invested.

7. The account number of the petitioner is not forthcoming in the averments of the complaint. The petitioner stated to have received Rs.3,00,000/- to his account on 19.02.2024. It is contented that, the said amount is received towards his employer for business. Whether the petitioner is involved in the commission of the offence alleged is a matter