Criminal Petition No. 7242 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22124 CRL.P No. 7242 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7242 OF 2025 BETWEEN: SRI H. PONGTEI PHOM AGED ABOUT 59 YEARS S/O LATE. HAMPON PHOM NEW DHANSIRI BRIDGE NEPALI BASTI CHURCH, WALFORD COLONY, 2ND FLOOR DIMAPUR, NAGALAND - 797 112.
Legal Reasoning
(BY SRI HARISH KUMAR N, ADV.) AND: STATE REP BY CEN CRIME P.S NORTH DIVN, BENGALURU CITY/ HON'BLE 45TH ACMM, BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. (BY SMT. RASHMI PATEL, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANTING ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST BY THE POLICE AND/OR MAY BY PLEASED TO DIRECT THE RESPONDENTS TO GRANT THE REGULAR BAIL IN CR.NO.791/2024 REGISTERED/ FILED U/S 66C, 66D OF I.T ACT, 2000 U/S 318(4) OF BNS, 2023 TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:22124 CRL.P No. 7242 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner, who is apprehending arrest in Crime No.791/2024 registered by North CEN Crime Police Station, Bengaluru, for the offences punishable under Sections 66(C) and 66(D) of the Information Technology Act, 2000 and Section 318(4) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.791/2024 was registered by North CEN Crime Police Station, Bengaluru, for the aforesaid offences against Rakesh Sinde based on the first information dated 13.09.2024 received from Neelakanta Balakrishna S/o S B N Shastri, aged about 63 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.1571/2025 before the jurisdictional Sessions Court which was rejected on 22.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner's friends have misused the bank account of the - 3 - NC: 2025:KHC:22124 CRL.P No. 7242 of 2025 HC-KAR petitioner and in this regard, a separate case has been registered by the jurisdictional police at Nagaland on the basis of the complaint submitted by the petitioner on 18.09.2024. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. Petitioner has been granted anticipatory bail in a similar case by the High Court of Kerala in Bail Application No.4301/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has seriously opposed the petition. She submits that petitioner is a habitual offender who is involved in as many as 17 criminal cases registered against him across the Nation. Considering the nature of allegations found against him, his custodial interrogation is required. Accordingly, she prays to dismiss the petition. 6. In the first information which has been received by North CEN Crime Police Station, Bengaluru, on 13.09.2024, first informant has stated that he had received a phone call and the caller had introduced himself as CBI Officer and informed that there was some international money laundering in the bank account of the first informant and accordingly, threatened him - 4 - NC: 2025:KHC:22124 CRL.P No. 7242 of 2025 HC-KAR with dire consequences. He also allegedly asked the first informant's banking details and also asked to transfer amount by way of RTGS to the bank account number forwarded by him. Accordingly, an amount of Rs.12 lakhs was transferred by the first informant to the bank accounts of which particulars was provided by the caller. During the course of investigation, it was found that certain amounts were transferred to the bank account of the petitioner from the bank account of the first informant. It is under these circumstances, Enquiry Notice has been issued to the petitioner. 7. Material on record would go to show that based on the complaint given by the petitioner on 18.09.2024, a criminal case has been registered against two of his friends by East Police Station, Dimapur, Nagaland. In the complaint submitted by the petitioner before the aforesaid police, he has stated that he was contacted by his acquaintances with a proposal of business deal relating to coal mine and on 31.08.2024, he had handed over his bank particulars to them including his mobile phone and by misusing the same, they had committed the fraud etc. In the case which was registered against the - 5 - NC: 2025:KHC:22124 CRL.P No. 7242 of 2025 HC-KAR petitioner in Kerala, the alleged fraud was committed on 14.08.2024 to the tune of Rs.1,65,83,200/- which is much prior to the petitioner allegedly handing over the bank particulars to his friends as stated now in a complaint given by him. The material made available to the Court by learned HCGP would go to show that petitioner is involved in as many as 17 criminal cases of similar nature which is registered against him in different States. 8. FIR in Crime No.953/2023 was registered by Whitefield CEN Crime Police Station, Bengaluru, with similar allegations invoking similar offences and it is found that even in the said case, huge amount has been transferred to the bank account of the petitioner. Though petitioner claims to be a business man, his bank account extract would reflect that except the fraudulent transactions, there are no other transactions found in his bank account. Crores of rupees was deposited in the bank account of the petitioner over a short period of time and the said amount was also subsequently transferred to various accounts. Therefore, the modus operandi of the petitioner and other accused in the various cases registered against them in - 6 - NC: 2025:KHC:22124 CRL.P No. 7242 of 2025 HC-KAR different States appear to be similar. Considering the seriousness of allegations found and since it is necessary to curb online fraud which is rampantly committed across the Nation, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be rejected. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN