Mr. Anup Vijay Karekar vs The State Of Karnataka

-1- NC: 2025:KHC:23331 CRL.P No. 7859 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF JULY, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 7859 OF 2025

BETWEEN:

MR. ANUP VIJAY KAREKAR, S/O VIJAYA, AGED ABOUT 28 YEARS, R/AT 499K RAMADEV GALLI, VADAGAWN, BELAGAVI DISTRICT, KARNATAKA - 591 005. ...PETITIONER (BY SRI. RAJARAMA S., ADVOCATE)

AND: Digitally 1. THE STATE OF KARNATAKA, signed by NANDINI M S BY D K CEN CRIME POLICE STATION, Location: DAKSHINA KANNADA DISTRICT, HIGH COURT OF REPRESENTED BY THE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001.

...RESPONDENT (BY SMT. RASHMI PATEL., HCGP FOR R-1; VIDE ORDER DATED 30.06.2025 R-2 IS DELETED)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANTING REGULAR BAIL AND DIRECT -2- NC: 2025:KHC:23331 CRL.P No. 7859 of 2025

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THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL, IN CONNECTION WITH CR.NO.11/2025 REGISTERED BEFORE D.K CEN CRIME P.S ON THE FILE OF THE V ADDL.DIST. AND SESSIONS JUDGE, D.K MANGALURU, SITTING AT PUTTUR, D.K FOR THE O/P/U/S 66C, 66D OF I.T ACT, 2008 AND U/S 308, 318(4) AND 319(2) OF BNS, 2023.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in Crime No.11/2025 registered by

Dakshina Kannada CEN Crime Police Station, Dakshina

Kannada District, for offences punishable under Sections

66(C), 66(D) of the Information Technology Act, 2008 and

Section 308, 318(4), 319(2) of BNS, 2023 is before this

Court under Section 483 of BNSS, 2023 seeking regular

bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.11/2025 was registered by

Dakshina Kannada CEN Crime Police Station, Dakshina

Kannada District, for the aforesaid offences against

unknown persons, based on the first information dated -3- NC: 2025:KHC:23331 CRL.P No. 7859 of 2025

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03.03.2025 received from Radhakrishna Nayak s/o

Late. Purushothama Nayak.

4. During the course of investigation of the case,

petitioner herein was arrested on 10.03.2025 and

subsequently, remanded to judicial custody. After

completing investigation, charge sheet has been filed

against two persons and petitioner is arraigned as accused

No.1 in the charge sheet. Bail application filed by the

petitioner before the Jurisdictional Sessions Court in

Crl.Misc.No.5054/2025 was rejected on 05.04.2025.

Therefore, petitioner is before this Court.

5. Learned Counsel for the petitioner submits that

investigation of the case is already completed and charge

sheet has been filed. Petitioner has no criminal

antecedents. Accused No.2 as against whom similar

allegations are found in the charge sheet has been granted

regular bail by this Court in Crl.P.No.6330/2025 disposed -4- NC: 2025:KHC:23331 CRL.P No. 7859 of 2025

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of on 11.06.2025. Accordingly, he prays to allow this

petition.

6. Per contra, learned HCGP who has opposed the

petition does not seriously dispute the submission made

by the learned Counsel for the petitioner.

7. FIR in the present case was registered against

unknown persons. During the course of investigation of

the case accused Nos.1 and 2 were arrested on

10.03.2025 and subsequently remanded to judicial

custody. In the charge sheet which is filed after

completing investigation, it is alleged that by threatening

the first informant that he was involved in money

laundering case and he was under digital arrest, a sum of

Rs.15.00 lakhs was transferred to the account of accused

No.1 with the assistance of accused No.2. Accused No.2

has been granted regular bail by this court in

Crl.P.No.6330/2025 disposed of on 11.06.2025. -5-

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8. Undisputedly, petitioner has no criminal

antecedents. It is trite that a person cannot be kept in

custody as a punitive measure. The alleged offences are

triable by the Court of the Magistrate and the maximum

punishment for the aforesaid offences is imprisonment for

a period of seven years. Considering the aforesaid aspects

of the matter, I am of the opinion that prayer made by the

petitioner for grant of regular bail needs to be answered

affirmatively, subject to imposing appropriate conditions

on the petitioner. Accordingly, the following:-

ORDER

Criminal petitions are allowed.

The petitioners are directed to be enlarged on bail in

Crime No.11/2025 registered by Dakshina Kannada CEN

Crime Police Station, Dakshina Kannada District, for

offences punishable under Sections 66(C), 66(D) of the

Information Technology Act, 2008 and Section 308,

318(4), 319(2) of BNS, 2023, subject to the following

conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear before the Station House Officer of Dakshina Kannada CEN Crime Police Station, Dakshina Kannada District on every alternative Sunday of every month and mark his attendance between 10:00 a.m. and 1:00 p.m. for a period of one year;

c) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

e) The petitioner shall not involve in similar offences in future;

f) The petitioner shall not leave the jurisdiction of the Trial Court without -7- NC: 2025:KHC:23331 CRL.P No. 7859 of 2025

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permission of the said Court until the case registered against him is disposed off.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

KVR List No.: 2 Sl No.: 3