Dugavath Yerriswamy vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.361/2025 of South CEN Crime Police Station registered for offence punishable under Section 66(d) of Information Technology Act, 2000 and Ssctions 319(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023.

Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.

Learned counsel for petitioner would contend that, the petitioner is running a petrol pump and he is having current account. A sum of Rs.83,00,000/- has been credited to the current account of the petitioner. He is not aware who has credited that amount. On the same day of credit of the amount, the said amount has been siphoned to different persons account. The petitioner is not aware of any of the said transactions. The petitioner has not authorized the said transactions. The petitioner is a victim. Earlier also a sum of Rs.46,48,000/- has been credited to the account of the petitioner and at that time on the complaint being filed, the petitioner has been arrested and in that case the petitioner has been granted bail. The petitioner is ready to cooperate with the Police in the investigation. The offence alleged against the petitioner is not a heinous offence and not punishable either with death or imprisonment of life. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, the investigation is in progress and investigation has been taken over by the CID. A huge sum of Rs.83,00,000/- has been credited to the account of this petitioner. There are fifteen (15) complaints against the petitioner in various Police stations in different States. The petitioner is required for custodial interrogation. With these, she prayed for dismissal of the petition.

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

One Dr. C. Nagaraj has filed a complaint and based on that, a case has been registered in Crime No.361/2025 of South CEN Crime Police Station for the aforesaid offences. The said complainant - Dr. C. Nagaraj has been put in digital arrest and totally Rs.5,41,00,000/-has been got transferred from his account to different accounts. Out of those amounts, a sum of Rs.83,00,000/-has been transferred to the account of this petitioner. On the same day of credit of the said amount i.e., on 16.04.2025 entire amount has been transferred to different accounts. Learned counsel for petitioner submitted that, the petitioner has not authorized the transfer of the said amounts to different persons. It is further submitted that, the petitioner's account has been hacked. Earlier also, the petitioner's account has been hacked wherein there was a credit of Rs.46,48,000/-. Entire case of the prosecution is based on the documents. The petitioner has undertaken to cooperate with the Investigating Officer in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life.

Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.361/2025 of South CEN Crime Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:

i) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.

ii) The petitioner shall cooperate with the Investigating Officer in investigation.

iii) The petitioner shall appear before the Investigating Officer whenever called for.

iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

v) In case of filing the charge sheet, the petitioner shall appear before the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case.

vi) The petitioner shall appear before the Investigating Officer on every Sunday for a period of two months or till the filing of the final report, whichever is earlier.