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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^st DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION No.563 of 2021

BETWEEN

MR. RANDHIR D. ASHAR

S/O. DINESH ASHAR,

AGED ABOUT 48 YEARS,

RESIDENT OF FLAT NO.204,

PITRUVAIBHAV APARTMENTS,

SHIVAJI NAGAR, SAHAKAR NAGAR,

NAGPUR – 440 010.

…PETITIONER

(BY SRI BHARATH KUMAR V., ADVOCATE)

AND

STATE OF KARNATAKA

THROUGH STATION HOUSE OFFICER,

CYBER CRIME POLICE STATION,

CID HEADQUARTERS,

BENGALURU – 560 001,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HON’BLE HIGH COURT OF KARNATAKA,

BENGALURU – 560 001.

…RESPONDENT

(BY SMT. RASHMI JADHAV, HCGP)

THIS CRIMINAL PETITION FILED UNDER SECTION 438 OF

THE CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE

PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN

CR.No.9/2019

OF

CYBER

CRIME

POLICE

STATION,

CID

BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS

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43, 66, 66C AND 66D OF INFORMATION TECHNOLOGY ACT AND

SECTIONS 419 AND 420 OF THE INDIAN PENAL CODE.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner-accused under

Section 438 of Cr.P.C. for granting anticipatory bail in Crime

No.9/2019 registered by Cyber Crime (CID) Police for the

offences punishable under Sections 419 and 420 of IPC and

under Sections 43, 66, 66C and 66D of Information

Technology Act, 2000 (for short ‘I.T. Act’)

2.

The case of the petitioner is that one Shylaja S.K, the

Financial Consultant, E-Procurement Cell, State Government,

has filed a complaint to the respondent-Police on 07.08.2019

alleging that on 30.07.2019, while checking the approved list

of EMD refunds, she noticed unauthorized instruction for EMD

payment to the tune of Rs.7,37,13,000/- and the said

amount was not approved for refund instructions. She

informed the same to the banking partner M/s. ICICI Bank

Limited to stop refunds and Application Service Provider

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(ASP) has informed that, analysis had identified that EMD

refund system of E-Procurement Portal was accessed

unauthorisedly

by

the

JSP-SPY

Tool.

Unauthorized

instructions were issued for URN GOK 230417905101

amounting to Rs.1.05 Crores on 01.07.2019 and the same

was

transferred

to

Nimmi

Enterprises.

Further,

on

interrogation, it was also revealed that another amount of

Rs.10.5 Crores has been transferred to one M/s. Uday Gram

Vikas Sanstha through ICICI bank on 09.07.2019 and it was

also revealed that subsequently, after the arrest of accused

Nos.4 and 5, who are the Secretary and Treasurer of Uday

Gram Vikas Sanstha, further small amounts were transferred

to other beneficiaries through RTGS and the amount has

been distributed to accused Nos.6 to 10 and the Police have

arrested accused Nos.1 to 10. The Police issued notice to the

petitioner under Section 41A of Cr.P.C. summoning him to

appear

before

them

along

with

certain

documents.

Therefore, the petitioner is apprehending arrest in the hands

of the respondent-Police for having committed non-bailable

offences and if he is arrested, he will be put to irreparable

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hardship and loss which cannot be compensated. Though

the petitioner is said to have produced some documents, in

spite of it, again they are demanding him to appear before

them along with some documents. Hence, the petitioner is

before this Court.

3.

Learned counsel for the petitioner contended that the

petitioner is innocent of the alleged offences. He has nothing

to do with the alleged offences committed by accused Nos.4

and 5 or accused Nos.6 to 10. This petitioner was having

business contact with M/s. Uday Gram Vikas Sanstha as a

procurement agent and he never received any money from

accused Nos.4 and 5. In spite of production of certain

documents, again the Police have issued notice. Therefore,

he contend that the