Karnataka High Court
Sri Francis vs State Of Karnataka on 17 December, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 15649 of 2025
C/W CRL.P No. 15560 of 2025
CRL.P No. 15587 of 2025
HC-KAR AND 6 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 15649 OF 2025 (439(Cr.PC) /
483(BNSS))
C/W
CRIMINAL PETITION No. 15560 OF 2025
CRIMINAL PETITION No. 15587 OF 2025
CRIMINAL PETITION No. 15595 OF 2025
CRIMINAL PETITION No. 15599 OF 2025
CRIMINAL PETITION No. 15699 OF 2025
CRIMINAL PETITION No. 15869 OF 2025
CRIMINAL PETITION No. 15874 OF 2025
CRIMINAL PETITION No. 15940 OF 2025
IN CRL.P No. 15649/2025
BETWEEN:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH 1. PHANI LEYBA NANGLI
COURT OF D/O KANTLI SHILLA
KARNATAKA
AGED ABOUT 27 YEARS
R/AT THANGRAIN HALLI
WEST JANTIYA HILLS
MEGHALAYA - 793 150.
2. PRIYANKA GURUNG
D/O FULMAYA GURUNG
AGED ABOUT 24 YEARS
R/AT GARUCHU RAO
BASTI BILLFARAHALLI
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CRL.P No. 15587 of 2025
HC-KAR AND 6 OTHERS
ALEPURA DISTRICT
WEST BENGAL - 735 204.
3. ELGIBA MARY MARBANING
D/O FADINAND VAHALANG
AGED ABOUT 23 YEARS
R/AT SHELONG CITY, EAST KASHI
HIMACHAL PRADESH.
...PETITIONERS
(BY SRI SHESHA KARTHIK M REDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HSR LAYOUT PS
MADIWALA SUB-DIVISION
BENGALURU CITY EAST
(NOW BY SOUTH EAST CEN
CRIME PS BENGALURU CITY)
REPRESENTED BY ITS SPP,
HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. B PUSHPALTHA , ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON
BAIL IN CONNECTION WITH THE CASE IN CRIME No.384/2025
DATED 07.10.2025 OF THE RESPONDENT/HSR LAYOUT POLICE
STATION, ALLEGING THE OFFENCES PUNISHABLE UNDER
SECTIONS 66(C), 66(D) AND 84(b) OF IT ACT 2000 SECTIONS
318 (4), 319, 61(2) AND 111(2), 111(4) AND 4 R/W SECTION
3(5) OF BNS 2023.
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HC-KAR AND 6 OTHERS
IN CRL.P No. 15560/2025
BETWEEN:
1. SRI MALDEV SINGH @ AJAY
S/O GULAB SINGH RATHOD
AGED ABOUT 28 YEARS
R/AT DOOR No.03,
JYOTHIKA PARK SOCIETY
KALOL TOWN, GANDHI NAGAR DISTRICT
GUJARAT - 382 721.
...PETITIONER
(BY SRI SHESHA KARTHIK M REDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BY HSR LAYOUT PS
MADIWALA SUB-DIVISION
BENGALURU CITY EAST
(NOW BY SOUTH EAST CEN
CRIME PS BENGALURU CITY)
REPRESENTED BY ITS SPP
HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI
BENGALURU -560 001.
...RESPONDENT
(BY SMT. B PUSHPALTHA , ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S
483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN CONNECTION WITH THE CASE IN CR.No.384/2025 DTD
07.10.2025 OF THE RESPONDENT IN HSR LAYOUT P.S., FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS
66(C),66(D),84(B) OF I.T ACT, 2000, UNDER SECTION
318(4),319,61(2) R/W 3(5),111(2),111(4) OF BNS, 2023.
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HC-KAR AND 6 OTHERS
IN CRL.P No. 15587/2025
BETWEEN:
1. ROHAN
S/O PRADEEP AVASARMAL
AGED ABOUT 28 YEARS
R/AT HOUSE No.392
OLD RAMABAI SAHAKARA NAGAR
RTO OFFICE, GHAT KOPAR EAST
TRIRATHNA BUDHA VIHAR
MUMBAI, MAHARASHTRA - 400 077.
2. RAMAKRISHNA SONI
S/O SHIV MOORATH SONI
AGED ABOUT 43 YEARS
R/AT HOUSE No.256
BHATLO HUJAR TALUK
REEVA DISTRICT
MADHYA PRADESH - 486 001.
3. RISHIT RAMESH SALIAN
S/O RAMESH SALIAN
AGED ABOUT 23 YEARS
R/AT HOUSE No.4
HAJJI FATIMA NIVASA
OLD SHANKAR NIVAS,
ASALTA PIPELINE BHARVI NAGAR POST
MUMBAI MAHARASHTRA - 400 084.
...PETITIONERS
(BY SRI. SHESHA KARTHIK M REDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
HSR LAYOUT PS
MADIWALA SUB-DIVISION BENGALURU CITY EAST
(NOW BY SOUTH EAST CEN
CRIME PS BENGALURU CITY)
REPRESENTED BY ITS SPP,
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CRL.P No. 15587 of 2025
HC-KAR AND 6 OTHERS
HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. B PUSHPALTHA , ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S
483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON
REGULAR BAIL IN CONNECTION WITH THE CASE IN
CR.No.384/2025 DTD 07.10.2025 OF THE RESPONDENT IN
HSR LAYOUT P.S., FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 66(C),66(D),84(B) OF I.T ACT, 2000, UNDER
SECTION 318(4),319,61(2) R/W 3(5),111(2),4 OF BNS, 2023.
IN CRL.P No. 15595/2025
BETWEEN:
1. SRI FRANCIS
S/O ANTONY FERNANDES
AGED ABOUT 29 YEARS
R/AT DOOR No. 1
OPPOSITE TO L M ROAD
JAI BHAVANI CHAL
PANCHASHEELA NAGAR
BHORIVILLI WEST, MUMBAI
MAHARASHTRA - 400 103.
2. SRI KARTHIK RAJU VADIYANAM
S/O RAJU VADIYANAM
AGED BOUT 25 YEARS
R/AT DOOR No. 217
SAI KRUPA SOCIETY
CHANDAVARKAR ROAD
OPP. APEX HOSPITAL
NUTAN NAGAR, BORIVIL (WEST)
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HC-KAR AND 6 OTHERS
MUMBAI (SUB URBAN)
MAHARASHTRA - 400 092.
...PETITIONERS
(BY SRI. SHESHA KARTHIK M REDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HSR LAYOUT PS
MADIWALA SUB DIVISION
BENGALURU CITY EAST
(NOW BY SOUTH EAST CEN
CRIME PS BENGALURU CITY)
REPRESENTED BY THE SPP
HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENT
BY SMT. B PUSHPALTHA , ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON
BAIL IN CONNECTION WITH THE CASE IN CR.No.384/2025
DATED 07.10.2025 OF THE RESPONDENT / HSR LAYOUT PL.S.
ALLEGING THE OFFENCE PUNISHABLE UNDER SECTIONS
66(C), 66(D), 84(B) OF I.T ACT 2000 AND SECTIONS 318(4),
319, 61(2) R/W 3(5) AND 111(2) ADN 111(4) OF BNS 2023.
IN CRL.P No. 15599/2025
BETWEEN:
1. SRI SUNIL
S/O RAMU NAIDU
AGED ABOUT 30 YEARS
R/AT No.189/OB
MILIND NAGAR
NEAR C BUILDING
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HC-KAR AND 6 OTHERS
MATUNGA LABATER CAMP
MUMBAI - 400 019.
2. SRI ARAVIND ANNI POOJARI
S/O ANNI POOJARI
AGED ABOUT 31 YEARS
R/AT HOUSE No.03
LAKSHMI PARK KASHIGOAN MIRA ROAD
MUMBAI, MAHARASHTRA.
3. RAKESH KUMAR SINGH
S/O BRAJ KISHOR
AGED ABOUT 29 YEARS
R/AT HOUSE No.09,
GANDHI CHOWK, GANDAGHORA POST
DHANA ORIENT BRAJRAJNAGAR
JHARASUGUDA
ORISSA - 768 216.
4. INDAR LALAMANI YADAV
S/O LALAMANI
AGED ABOUT 31 YEARS
R/AT No.283, VARLIPAADA
ROAD, No.27, NEAR SHANKAR MANDIR
SRINAGAR, THANE, VANGLE
MAHARASHTRA - 400 604.
...PETITIONERS
(BY SRI SHESHA KARTHIK M REDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HSR LAYOUT PS
MADIWALA SUB-DIVISION
BENGALURU CITY EAST
(NOW BY SOUTH EAST CEN CRIME PS
BENGALURU CITY)
REPRESENTED BY ITS PP,
HIGH COURT OF KARNATAKA
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CRL.P No. 15587 of 2025
HC-KAR AND 6 OTHERS
AMBEDKAR VEEDHI
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON
REGULAR BAIL IN CONNECTION WITH THE CASE IN CRIME
No.384/2025 DATED 07.10.2025 OF THE RESPONDENT/HSR
LAYOUT POLICE STATION ALLEGING THE OFFENCES
PUNISHABLE UNDER SECTIONS 66(C), 66(D) OF THE IT ACT
AND SECTIONS 318(4), 319, 61(2) AND 111(2) AND 4 R/W
3(5) OF BNS 2023.
IN CRL.P No. 15699/2025
BETWEEN:
1. MR.AKHILESH GOWDA
SON OF MR. MANJEGOWDA
AGED ABOUT 26 YEARS
R/AT SANTHEBACHAHALLI HOBLI
AGHALAYA, MANDYA - 571 436.
2. MR. MANJUNATH C.H
SON OF MR. HONGEGOWDA
AGED ABOUT 35 YEARS
R/AT CHALYA VILLAGE
SHRAVANABELAGOLA HOBLI
CHANNARAYAPATNA TALUK
HASSAN - 573 135.
3. MR. VINAYKUMAR K.M
SON OF MR. MUDDEGOWDA
AGED ABOUT 45 YEARS
R/AT No.8, KUCHAHALLI
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HC-KAR AND 6 OTHERS
GUNDENAHALLI POST
MANDYA - 571 418.
...PETITIONERS
(BY SRI PRAVEEN C AND
SRI GURUMURTHY B S, ADVOCATES FOR
SRI MOHANA C, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY HSR LAYOUT POLICE STATION
MADIVALA SUB-DIVISION
MADIVALA, BENGALURU - 560 068.
(REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING, BENGALURU)
...RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO ALLOW THE
PRESENT ANTICIPATORY BAIL PETITION BY DIRECTING THE
RESPONDENT/H.S.R LAYOUT POLICE STATION TO RELEASE
THE PETITIONER No.1 TO 3 ON BAIL IN THE EVENT OF THEIR
ARREST IN CRIME No.384/2025 REGISTERED UNDER SECTION
66(C) AND 66(D) OF INFORMATION TECHNOLOGY ACT, 2008,
SECTION 84(B) OF INFORMATION TECHNOLOGY ACT, 2000
AND SECTION 318(4), 319, 61(2) READ WITH SECTION 3(5)
OF BHARATHIYA NYAYA SANHITHA, 2023.
IN CRL.P No. 15869/2025
BETWEEN:
1. GURU PRASANNA
SON OF PRABHAKAR ACHARYA
AGED ABOUT 32 YEARS
RESIDING AT No.1205
REDDY BUILDING No. 2
TEEN DONGARI
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YESHWANT NAGAR, MUMBAI
MAHARASHTRA - 400 105.
...PETITIONER
(BY SRI. KASHYAYP N. NAIK, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HSR LAYOUT P.S,
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON
REGULAR BAIL IN CR.No.384/2025 IN THE 39TH A.C.J.M
BENGALURU REGISTERED AT HSR LAYOUT P.S. BENGALURU
IN CONNECTION WITH THE ALLEGED OFFENCES PUNISHABLE
UNDER SECTIONS 66(c) AND 66(d) OF THE I.T ACT 2000 AND
SECTION 84(B),318(4),319,61(2) R/W 3(5) OF BNS 2023.
IN CRL.P No. 15874/2025
BETWEEN:
1. REMISAN BAMON
SON OF RILIK POHTAM
AGED ABOUT 30 YEARS
RESIDING AT KUDENGRIM
AMLAREM, WEST JAINTIA HILLS
MEGHALAYA - 793 150.
...PETITIONER
(BY SRI KASHYAP N. NAIK, ADVOCATE)
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AND:
1. STATE OF KARNATAKA
BY HSR LAYOUT P.S,
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.No.384/2025 IN THE 39TH A.C.J.M AT BENGALURU
AND REGISTERED AT HSR LAYOUT POLICE STATION,
BENGALURU IN CONNECTION WITH THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 66(c) AND 66(d) OF THE I.T
ACT, 2000 AND SECTIONS 318(4),319,61(2) READ WITH 3(5)
OF BNS 2023.
IN CRL.P No. 15940/2025
BETWEEN:
1. MINOT KHONGKAI
S/O LATE POMLI PHAWA
AGED ABOUT 35 YEARS
RESIDING AT PADU SHNONGDENG
AMLAREM , WEST JAINTIA HILLS
MEGHALAYA - 793 150.
...PETITIONER
(BY SRI KASHYAP N. NAIK, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HSR LAYOUT P. S
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
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BANGALORE - 560 001.
...RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.No.384/2025 IN THE COURT OF THE 39TH A.C.J.M
AT BENGALURU REGISTERED AT HSR LAYOUT P.S.
BENGALURU IN CONNECTION WITH THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTIONS 66(c), 66(d) OF THE I.T ACT
2000 AND SECTIONS 318(4), 319,61(2) R/W 3(5) OF BNS
2023.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Crl.P.No.15649/2025 is filed by petitioners -accused Nos.15 to 17, Crl.P.No.15560/2025 is filed by petitioner - accused No.2, Crl.P.No.15587/2025 is filed by petitioners
-accused Nos.10 to 12, Crl.P.No.15595/2025 is filed by petitioners -accused Nos.3 and 5, Crl.P.No.15599/2025 is filed by petitioners -accused Nos.6 to 9, Crl.P.No.15869/2025 is filed by petitioner -accused No.14, Crl.P.No.15874/2025 is filed by the petitioner -accused No.13 and Crl.P.No.15940/2025 is filed by the petitioner -
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accused No.4 under Section 483 of BNSS. Crl.P.No. 15699/2025 is filed by petitioners -accused Nos.20, 21 and 34 under Section 482 of BNSS.
2. All these petitions are filed seeking bail/ anticipatory bail in respect of Crime No.384/2025 of HSR Layout Police Station registered for offences punishable under Sections 66(C), 66(D), 84(B) of Information Technology Act, 2000 and Sections 61(2), 318(4), 319, 111(2) and 111(4) read with Section 3(5) of BNS.
3. Heard learned counsels appearing for petitioners and learned Additional SPP for the respondent
-State.
4. Sri. Shesha Karthik Reddy, learned counsel appearing for petitioners in some of the petitions would contend that the complaint has been filed by Police Sub- Inspector suo moto and no victims have been identified. The allegation against petitioners is that they duped citizens of US and Canada. Petitioners are employees of accused No.1-Company and they worked for the salary.
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Gift deeds alleged in the complaint have not been seized. The device used are recovered and seized under mahazar. While filing the charge sheet, it is not filed for offences punishable under Section 111 (2) and 111(4) of BNS. The offences alleged against petitioners are not punishable either with death or imprisonment for life and the maximum sentence that can be imposed is imprisonment which may extend upto 07 years. Some of the petitioners are women and they are the employees of accused No.1 - Company. The remand application dated 07.10.2025 indicate that 10 persons have not been arrested who are also similarly placed to that of petitioners who were arrested. The grounds of arrest are not detailed in the document which is stated to be communication of grounds of arrest. The major portion of investigation is over and charge sheet has been filed in so far as petitioners are concerned and therefore, they are not required for further custodial interrogation. On these grounds, he prayed to allow the petitions.
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5. Sri Kashyap N Naik, learned counsel appearing for petitioners in some of the petitions would contend that the offence under Sections 66(C) and 66(D) are bailable. The offence which is not bailable is Section 318(4) and it is provided with punishment which may extend upto 07 years. The said offence deals with cheating and victims have not been identified. The victims are residing in US and Canada who induced victims is not forthcoming. The petitioners are not Directors of accused No.1 -Company and they are employees. The offence has taken place outside India and victims are in US and Canada. As offence committed outside India, the proviso to Section 208 of BNSS provides to obtain sanction of the Central Government. Accused No.13 is running Food Corner and he is the friend of accused No.4. Accused No.4 is married and he is having 06 months old baby and he is resident of Meghalaya.
6. Learned counsel for petitioners in Crl.P.No. 15699/2025 would contend that petitioner No.1 -accused
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No.21 is broker and he introduced accused person to landlord for office space. There is no involvement of him in commission of all these offences. The petitioner No.2 - accused No.20 is doing catering business and he was supplying food to the accused persons in the office and at their residence. He is not involved in commission of offence. The petitioner No.3 -accused No.34 is running PG and some of the accused are housed in the said PG and he is not involved in commission of any offence. Petitioners are apprehended their arrest as they have been issued with notice by the Investigating Officer. There is no role of these petitioners in commission of the crime. On these grounds, he prayed to allow petition.
7. Per contra, learned Additional SPP for the respondent -State would contend that statements of other employees who are newly joined to accused No.1 - Company have been recorded under Section 183 of BNSS and they gave information of the commission of the offence in their statements. The hard disk, server and
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other articles used have been sent for examination to FSL and report is awaited. Accused Nos.18 and 19 are Directors of the Company. Accused persons are well educated and they knew that they are involved in commission of offence and knowingly they communicated with victims who are residents of US and Canada and induced them to part with the money and send it to accused persons. Voluntary statements of accused persons have been recorded which indicate their involvement in the commission of the crime. Even though charge sheet is filed, the Investigating Officer has reserved his right for conducting further investigation and further investigation is going on. Accused No.2 is having criminal antecedent and he is involved in Crime No.22/2024 of CID Crime Gandhinagar Zone Police Station registered for offences punishable under Sections 316(2), 318(4), 319(2), 336(2), 336(3), 342(2), 351(4), 61(2), 113(3)(4)(5)(6)(7) of BNS and Sections 66(C), 66(D) of Information Technology Act. The accused No.4 is also having criminal
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antecedent and he is involved in Crime No.70/2017 of Shillong, Laitumkhrah Police Station registered for offences punishable under Sections 120B, 419, 420 read with Section 34 of IPC and Sections 66(C), 66(D) of Information and Technology Act. Accused No.4 was earlier working in Megalaya State in Shillong as Closure in fake US IRS call center and was involved in cyber fraud. If accused Nos.2 and 4 are granted bail, there are chances of involving in commission of similar offence. On these grounds, she prayed to reject petitions.
8. In reply, learned counsel for petitioner - accused No.2 would contend that FIR in Crime No.22/2024 is registered against him but charge sheet is not yet filed.
9. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record.
10. On the complaint of PSI, HSR Layout Police Station dated 07.10.2025, case came to be registered in Crime No.384/2025 for offences punishable under Sections
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66(C), 66(D), 84(B) of Information Technology Act, 2000 and Sections 61(2), 318(4), 319, read with Section 3(5) of BNS against Cybits Solution Private Limited and others. During investigation some of the accused persons have been arrested. During investigation, requisition has been filed to insert Sections 111(2) and 111(4) of BNS.
11. After investigation, charge sheet has been filed against accused Nos. 1 to 34 for offences punishable under Sections 66(C), 66(D), 84(B) of Information Technology Act, 2000 and Sections 61(2), 318(4), 319, read with Section 3(5) of BNS. The charge sheet has not been filed for offences punishable under Sections 111(2) and 111(4) of BNS, as accused persons are not involved in more than one crimes during last 10 years. Accused No.2 is working as Office Boy maintaining attendance records of employees of accused No.1 -Company. Accused No.4 is working as Closure. Accused Nos.3, 5, 6 to 17 are working as Dialers/Closures in accused No.1 -Company. Accused Nos.2 to 17 are the employees of accused No.1 -Company.
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The allegation against accused No.1 -Company and it's employees i.e., accused Nos.2 to 17 is that they are making calls to the citizens of US and Canada stating that they are the US Customs and Border Protection Force, Drug Enforcement and Administration and Department of Homeland Security and used to get the details of the said victims, their passport, bank accounts, driving license and threatening them stating that they are involved in commission of offence and getting money transferred from them to different accounts and keeping them in digital arrest and in order to get money from them asking them to purchase gift card of Walmart, Target, Walgreens, CVS, Dollar General, HEB Store and sending Bitcoin QR Code and asking them to transfer money. Accused persons were acting as Investigating Officers of United States and creating arrest warrant of United State Supreme Court and United State District Court. Employees of accused No.1 - Company used to make calls to citizens of US and Canada in that regard.
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12. It is submitted that accused Nos.15 to 17 who are working as Dialers in accused No.1 -Company are women and they are unmarried. The investigation is over and charge sheet has been filed against petitioners. There are no criminal antecedents of accused Nos.3, 5 to 17. The offence alleged against accused Nos.3, 5 to 17 are not punishable either with death or imprisonment for life. The maximum sentence that can be imposed is imprisonment which may extend upto 07 years. It is stated that the victims are not identified by the Investigating Agency till date. The devices used i.e., 25 servers, 42 monitors, 26 mobiles, 256 pen drives and attendance register have been seized and sent for examination to FSL and report is awaited. As the investigation so far as accused Nos.3, 5 to 17 are concerned is over and charge sheet has been filed against them. Therefore, they are not required for further custodial interrogation.
13. Accused Nos.2 and 4 are having criminal antecedents. Accused No.2 is involved in Crime
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No.22/2024 of CID Crime, Gandhinagar Zone Police Station for offences punishable under Sections 316(2), 318(4), 319(2), 336(2), 336(3), 342(2), 351(4), 61(2), 113(3)(4)(5)(6)(7) of BNS and Sections 66(C), 66(D) of Information Technology Act. It is submitted that in the said crime, charge sheet is not yet filed. Accused No.4 is involved in Crime No.70/2017 of Shillong, Laitumkhrah Police Station registered for offences under Sections 120B, 419, 420 read with Section 34 of IPC and Sections 66(C), 66(D) of Information and Technology Act. In the said case, charge sheet has been filed. Considering the criminal antecedents of accused Nos.2 and 4, they are involved in commission of similar offence. If accused Nos.2 and 4 are granted bail, there are chances of they hampering further investigation and committing similar offences. Therefore, accused Nos.2 and 4 are not entitled for grant of bail.
14. In Crl.P.No.15699/2025, petitioners -accused Nos.20, 21 and 34 have sought anticipatory bail. Accused No.20 is stated to be broker who introduced the accused
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to landlords for office space to run the Company of accused persons. The accused No.21 is stated to be person running the catering business and he supplied food to the accused in their office. Accused No.34 is running PG wherein some of the accused are housed. Considering the said aspect, at this stage, it cannot be said that they are involved in commission of alleged offences. Therefore, they are entitled for grant of anticipatory bail with conditions.
15. The apprehension of the prosecution is that if the petitioners are granted bail and anticipatory bail, they will hamper further investigation and flee from justice can be met by imposing stringent conditions.
16. In the result, the following ORDER
i) Crl.P.No.15560/2025 filed by petitioner -accused No.2 and Crl.P.No.15940/2025 filed by the petitioner -accused No.4 are dismissed.
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ii) Crl.P.No.15699/2025 filed by petitioners -accused
Nos.20, 21 and 34 seeking anticipatory bail is allowed.
iii) Crl.P.No.15649/2025 is filed by petitioners -
accused Nos.15 to 17, Crl.P.No.15587/2025 is filed by petitioners -accused Nos.10 to 12, Crl.P.No.15595/2025 is filed by petitioners - accused Nos.3 and 5, Crl.P.No.15599/2025 is filed by petitioners -accused Nos.6 to 9, Crl.P.No.15869/2025 is filed by petitioner - accused No.14, Crl.P.No.15874/2025 is filed by the petitioner -accused No.13 under Section 483 of BNSS are allowed.
iv) Petitioners -accused Nos.3, 5 to 17 are granted bail and accused Nos.20, 21, 34 are granted anticipatory bail in Crime No.384/2025 of HSR Layout Police Station registered for offences punishable under Sections 66(C), 66(D), 84(B) of Information Technology Act, 2000 and Sections
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61(2), 318(4), 319, 111(2) and 111(4) read with Section 3(5) of BNS subject to following conditions:
a) Petitioners -accused Nos.20, 21 and 34 shall voluntarily appear before Investigating Officer within 10 days from this day and execute bail bond for sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of Investigating Officer/jurisdictional Court.
b) Petitioners -accused Nos.3, 5 to 17 shall
execute a personal bond for sum of
Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court.
c) Petitioners -accused Nos.20, 21 and 34 shall appear before the Investigating Officer on 1st and 3rd Sunday of every month for a period of two months or till filing of further report whichever is earlier.
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d) Petitioners -accused Nos.3, 5 to 17, 20, 21 and 34 shall not tamper the prosecution witnesses either directly or indirectly.
e) Petitioners -accused Nos.3, 5 to 17, 20, 21 and 34 shall co-operate with Investigating Officer in further investigation.
f) Petitioners -accused Nos.3, 5 to 17, 20, 21 and 34 shall not leave the territory of India without prior permission of the Court and they shall surrender their passport before the trial Court.
g) Petitioners -accused Nos.3, 5 to 17, 20, 21 and 34 shall appear before the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case.
h) Petitioners -accused Nos.3, 5 to 17, 20, 21 and 34 shall not involve in commission of any offence. If they are found to be involved in commission of any offence, the prosecution is
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at liberty to move an application seeking cancellation of bail granted to them.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 3 Ct.sm