MR NADAKKA PARAMBIL ABDUL KHADER RENISH v. MRS. RESHMA RENISH

#3. MR. P K KOYA S/O KUNJU MARAKKAR AGED ABOUT 79 YEARS PANAYAMPILLI HOUSE CHERUVALOOR POST PULLIKAKAVU PVALOOR KALLUR VADAKKUMMURI KATHIKKUDAM THRISSUR - 680 308. LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA (BY SRI. DINESHKUMAR RAO K, ADVOCATE) …PETITIONERS - 2 - NC: 2026:KHC:248 CRL.P No. 15278 of 2025 HC-KAR AND:

#1. THE STATE OF KARNATAKA BY D K CEN CRIME POLICE STATION DAKSHINA KANNADA – 575 001. (BY SRI M R PATIL, HCGP) …RESPONDENT THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C. (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.No.38/2025 OF D.K. CEN CRIME POLICE STATION, DAKSHINA KANNADA, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC COURT, BANTWAL, DAKSHINA KANNADA DISTRICT REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66(C) AND 66(D) OF INFORMATION TECHNOLOGY ACT 2008 AND UNDER SECTIONS 308(6), 318(4), 319(2) 126(2) READ WITH SECTION 3(5) OF BNS,2023. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER

#1. This petition is filed by petitioners under Section 482 of BNSS praying to grant anticipatory bail in crime No. 38/2025 of DK CEN Crime Police Station registered for offence punishable under Sections 66(C) and 66(D) of Information Technology Act 2000 and Sections 308(6), - 3 - NC: 2026:KHC:248 CRL.P No. 15278 of 2025 HC-KAR 318(4), 319(2), 126(2) read with Section 3(5) OF BNS,

#2. Heard learned counsel for petitioners and learned HCGP for respondent – State.

#3. Learned counsel for petitioners would contend that petitioners have received notice Investigating Officer under Section 35(3) of BNSS dated

14.08.2025 to appear for investigation and therefore, apprehending their arrest, petitioners had approached the Kerala High Court for transit bail. Transit bail has been granted for a period of 3 weeks. Thereafter, petitioners had approached the Sessions Court and the Sessions Court rejected their anticipatory bail petition. He further submits that petitioner Nos. 1 and 2 are partners of `Dreams 23’ and they are doing their business. Petitioner No. 3 is relative of petitioner No. 2 and he is assisting the petitioners in doing the said business. Petitioners are not aware of credit of Rs.17,00,000/- to their account. Said sum of Rs.17,00,000/- credited to the account of the - 4 - NC: 2026:KHC:248 CRL.P No. 15278 of 2025 HC-KAR petitioners was transferred to 7 different persons residing in 4 different States. Petitioners have also lost a sum of Rs.11,000/- in the said process. He further submits that petitioner’s firm account has been hacked and in that regard petitioners intend to file a complaint. Petitioners are innocent and they are ready to cooperate with the Police in the investigation and abide by any conditions to be imposed by this Court. Petitioners are not having any criminal antecedents. With this, he prayed to allow the petition.

#4. Per contra, learned HCGP would contend that inspite of service of notice petitioners have not appeared before Investigating Officer interrogation. Petitioners’ account was credited with Rs.17,00,000/- from the account of complainant. Petitioners are required for custodial interrogation. With this, he prayed to reject the petition. - 5 - NC: 2026:KHC:248 CRL.P No. 15278 of 2025 HC-KAR

#5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record.

#6. One Sri. Prabhakar filed a complaint alleging that he received phone calls, video calls and he was kept under digital arrest and as per direction received he had transferred Rs.17,00,000/- from his account to the account given by the culprits. Said amount of Rs.17,00,000/- transferred by the complainant has been credited to the current account of the firm of the petitioners. Petitioners submit Rs.17,00,000/- immediately was transferred to 7 different accounts including Rs.11,000/- which was in the account of the firm of the petitioners. Whether the petitioners are involved in the alleged offence is a matter of investigation. Petitioners are ready to cooperate with the Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. The offence alleged against the petitioners is not punishable either - 6 - NC: 2026:KHC:248 CRL.P No. 15278 of 2025 HC-KAR with death or imprisonment for life. There are no criminal antecedents of the petitioners. Considering the above aspects petitioners have made out a case for grant of anticipatory bail with conditions.

#7. In the result, the following; O R D E R Petition is allowed. Petitioners are ordered to be released on bail in the event of their arrest in crime No. 38/2025 of DK CEN Crime Police Station subject to the following conditions: i. Petitioners – accused shall voluntarily surrender before the Investigating Officer within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer. ii. Petitioners – accused shall cooperate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. - 7 - NC: 2026:KHC:248 CRL.P No. 15278 of 2025 HC-KAR iii. Petitioners – accused shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer. iv. Petitioners – accused shall not tamper with the prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 30 CT-SM