IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 17710 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MADHUKAR @ MADHU S/O RAJAIAH AGED ABOUT 38 YEARS, HOSAHALLI VILLAGE, CHALAKURU POST, BELUR TALUK – 573 115 HASSAN DISTRICT Digi tally signed by 2. ARUNKUMAR @ ARUN SREEDHARAN BANGALO RE S/O ERAIAH SUSHMA AGED ABOUT 35 YEARS LAKSHMI KORATIKERE VILLAGE, Location: High Court of BELUR TALUK – 573 115 Karnataka HASSAN DISTRICT …PETITIONERS (BY SRI. MANJUNATHA. G. H., ADVOCATE)

AND:

STATE BY CEN DAVANGERE POLICE …RESPONDENT (BY SMT. B.PUSHPALATHA., ADDL. SSP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)

BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE CEN POLICE DAVANAGERE LODGED COMPLAINT IN CRIME NO.40/2025 ACCUSED NO.1 TO 6 UNDER SECTION 66(c) AND 66(D) OF IT ACT AS WELL 308(2), 318(2), 319(2) OF BNS ACT 2023 AND IN CRIMINAL MISC. NO.1108/20525 ON THE FILE OF THE 1^ST ADDL. DISTRICT AND SESSIONS JUDGE COURT AT DAVANAGERE, WHICH IS REGECTED, HENCE, ENLARGE THE PETITIONERS NO.3 AND 4 ON REGULAR BAIL AND ALLOW THIS APPLICATION AND PASS SUCH OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. The petitioners/accused Nos.3 and 4 are before this Court seeking for grant of regular bail in Crime No.40/2025 of respondent-police for the offence under Sections 66(C) and 66(D) of the Information Technology Act, 2000 and Sections 308(2), 318(2) and 319(2) of the Bharatiya Nyaya Sanhita, 2023.

Brief facts of the case:

2. The case of the prosecution is that, accused Nos.1, 2, 5, 6 are the residents of Malapuram District, Kerala. Accused No.3 was working in the bakery of accused No.1. Accused No. 4 is the friend of accused No.3. The accused Nos.1 to 6 in furtherance of common intention to deceive the public stated that they have digitally arrested the public. It is further alleged that from 05.02.2025 till 17.02.2025, the accused contacted the complainant through WhatsApp stating that complainant had received a parcel from blue dot courier from Mumbai and informed the complainant that the said parcel contained drugs sent by Mr. Naresh Goyal, who is the accused in the prime case. Further, they threatened the complainant and made him to deposit Rs.26,49,000/- to their bank account. Accused Nos.3 and 4 misused the bank accounts of CWs.9 to 17 withdrawn cash from the bank. The complainant after coming to know that he had been cheated, a case came to be registered against the unknown persons. The respondent-police after registering the case, conducted investigation against all the accused.

3. Heard Sri.Manjunath G.H., learned counsel for petitioner No.1, Sri.K.N.Prakash, learned counsel for petitioner No.2 and Smt.B.Pushpalatha, learned Additional SPP respondent-State.

4. It is the submission of the learned counsel for the petitioners that they have arraigned as accused Nos.3 and 4. The allegations are leveled against them are that they had introduced CWs.9 to 17 and withdrawn the amount from the accounts of CWs.9 to 17.

5. It is further alleged that the petitioners had assisted the other accused in depositing the amount to the various accounts and thereafter, collected the amount and handed over the same to the accused Nos.1 and 2.

6. It is further submitted that the petitioners are innocent of the alleged offences and they were not aware about the transaction and other information. They are the permanent resident of Hassan District. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, he prays to allow the petition.

7. Per contra, the learned Additional Special Public Prosecutor for respondent-State vehemently submitted that the manner in which the accused have committed the offences against innocent per