Criminal Petition No. 12276 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5565 CRL.P No. 12276 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12276 OF 2024 BETWEEN: MR. ZEESHAN, AGED ABOUT 28 YEARS, S/O MR. ABDUL VARIK, R/AT DAKSHIN DARWAZA, AKPANGI, BASTI, UTTAR PRADESH-272 002, DIRECTOR OF KARMO DHARMA FOUNDATION. (BY SMT. ASHA S.M, ADVOCATE FOR SRI PRASANNA KUMAR B T, ADVOCATE) AND: …PETITIONER STATE BY CEN POLICE STATION, SOUTH DIVISION, BENGALURU CITY. REP. BY ITS STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, BENGALURU-560 001.
Legal Reasoning
(BY SRI RANGASWAMY.R, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) TO GRANT THE PETITIONER ANTICIPATORY BAIL IN CR.NO.1154/2024 REGISTERED AT CEN P.S.SOUTH DIVISION BENGALURU CITY FOR THE OFFENCE P/U/S 66(D) OF I.T ACT 2000 R/W SEC.318(4),319(2) OF THE BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 2 - NC: 2025:KHC:5565 CRL.P No. 12276 of 2024 ORAL ORDER Petitioner is before this Court seeking anticipatory bail in a case registered in Crime No.1154/2024 by the South CEN Crime Police Station, for the offence punishable under Section 66(D) of the Information Technology Act, 2008 and Section 318 (4), 319(2) of BNS, 2023. 2. Heard the learned counsel for petitioner, learned HCGP for the State and perused the material on record. 3. In the complaint lodged by one Pradeep L, son of R. Lokesh, he has alleged that he received a Whatsapp message on 07.08.2024 from an unknown Mobile No.9038658557 stating, if he invests money in "Stock Market Profit Strategies-X2" he would be given 10% profit. The complainant was then added to the Whatsapp Group and he was advised to install 'LSV Asset Management Application' and a link i.e., 'https://m./sv-am.com was sent to him. Based on the link, the complainant installed the app and from his accounts as well as the accounts of his relatives sent a total sum of Rs.1,64,61,400/-. Thereafter, the said unknown person - 3 - NC: 2025:KHC:5565 CRL.P No. 12276 of 2024 neither gave the profit as assured nor returned the invested amount and thereby cheated the complainant. 4. It is contended by the learned counsel for petitioner that petitioner is a Director of one 'Karmo Dharma Foundation', a registered entity actively involved in charitable activities. He was summoned by the Assistant Commissioner of Police, CEN Police Station, South Division, Bengaluru City, regarding alleged commission of offence registered in Crime No.1154/2024, based on a complaint lodged by Pradeep L. Apprehending arrest, he approached the learned Sessions Judge for anticipatory bail, but his petition was dismissed. 5. Learned counsel submitted that the petitioner is innocent and he is falsely implicated in the case. His name is not in the FIR, case is registered against some third parties, he has no connection with the alleged Whatsapp Group nor has been involved in any fraudulent activities as alleged. She contended that the petitioner runs legitimate charitable organization and has no involvement in stock marketing schemes etc. 6. It is the further contention of the learned counsel that on receiving the notice from the police, petitioner - 4 - NC: 2025:KHC:5565 CRL.P No. 12276 of 2024 conducted an internal enquiry and discovered that one Mr. Prem Singh, s/o Mr. Dharmendra Kumar Singh, a resident of Uttar Pradesh, who had been entrusted with managing the day today operations of the foundation, including the management of its Bank Account, misused his position and conducted illegal transaction without the petitioner's knowledge or concern. Therefore, petitioner lodged a complaint against the said person with the jurisdictional police, requesting an investigation, however despite repeated attempts, to reach the said person, he has remained unavailable and the police have not taken any action on his complaint sofar. 7. Learned HCGP has filed Statement of Objections. He contended that the investigation conducted sofar reveal that the accused has used ICICI Bank Account No. 066205004298 and a huge amount of Rs.6,96,48,160/- has been deposited in the said account between 14.06.2021 and 27.08.2024 and a total sum of Rs.6,95,76,559 was transferred to several bank accounts during the same period. There are in all 12 cases registered against the petitioner including 04 cases in Karnataka and a thorough investigation is required and therefore, if the petitioner is granted anticipatory bail, there is - 5 - NC: 2025:KHC:5565 CRL.P No. 12276 of 2024 high possibility that he will be involved in more such criminal activities and derail the investigation. 8. One of the contention raised by the learned counsel for petitioner is that the petitioner is a Director of one 'Karmo Dharma Foundation' involved in charitable activities and he is not involved in the alleged offence. At the same time, it is contended by the learned counsel that petitioner conducted an internal enquiry within 'Karmo Dharma Foundation' and discovered that one Mr. Prem Singh who was entrusted with the managing the day today operations of the Foundation, including the management of its Bank account has misused his position and conducted illegal transaction without the knowledge of the petitioner. 9. The investigation conducted so far revealed that the account No. 066205004298 to which the amount was transferred belong to the petitioner. The State has filed objections stating that the ICICI bank account No.066205004298, of the accused has been marked as hold/ lien by various State Cyber Crime Police station/Cyber Agencies. A total of Rs.6,96,48,160/- was allegedly deposited in the account between 14.06.2021 to 27.08.2024 and a total - 6 - NC: 2025:KHC:5565 CRL.P No. 12276 of 2024 of Rs.6,95,76,559/- was transferred to several bank accounts during the same period. 10. There are four cases registered against the above mentioned account number in different police stations in Bengaluru and 07 more cases are registered in different States. The defence raised by the petitioner at this stage that he is not named in the FIR and therefore, he is totally innocent and one Prem Singh who had been entrusted with managing the day today operations of the Foundation is responsible etc., cannot be accepted. The material collected sofar shows that there is misuse of bank credentials in relation to the account number noted above, belonging to the petitioner. It is nothing but an Online fraud which was functioned by the petitioner to deceive persons and complainant is one of the victim. Considering the above facts, this Court is of the view that this is not a fit case to release the petitioner on anticipatory bail. Petition is accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE tsn* List No.: 1 Sl No.: 8