Mr.Avinash Vittal Suthar vs The State Of Karnataka

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 6330 OF 2025

BETWEEN:

MR. AVINASH VITTAL SUTHAR S/O VITTAL SUTHAR AGED ABOUT 28 YEARS R/AT179/2, TAHASILDAR GALLI HUKKERI TALUK, BELAGAVI DISTRICT KARNATAKA - 591 309. ...PETITIONER (BY SRI RAJARAMA S, ADV.) AND:

THE STATE OF KARNATAKA BY D K CEN CRIME POLICE STATION DAKSHINA KANNDA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR (SPP) Digitally signed by HIGH COURT BUILDING NANDINI M S DR B R AMBEDKAR VEEDHI Location: BENGALURU - 560 001. HIGH COURT ...RESPONDENT OF KARNATAKA (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION BY GRANTING REGULAR BAIL AND DIRECT THE RESPONDENT - POLICE TO RELEASE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.11/2025 REGISTERED BEFORE DAKSHINA KANNADA CEN CRIME POLICE STATION ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K. FOR THE OFFENCE P/U/S 66(C), 66(D0 OF I.T. ACT, 2008 AND U/S 308, 318(4), 319(2) OF BNS, 2023, ON SUCH TERMS AND CONDITIONS THAT MAY BE IMPOSED BY THIS HONBLE COURT. -2- NC: 2025:KHC:20127 CRL.P No. 6330 of 2025

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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.2 in Crime No.11/2025 registered by

Dakshina Kannada CEN Crime Police Station, Dakshina

Kannada, for the offences punishable under Sections 66(C) and

66(D) of Information Technology Act, 2008 and Sections

308(6), 319(2), 318(4) and 3(8) 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, for the

aforesaid offences against unknown persons based on the first

information dated 03.03.2025 received from Radhakrishna

Nayak S/o late Purushothama Nayak. During the course of

investigation, petitioner herein was arrested on 10.03.2025 and

subsequently, remanded to judicial custody. His bail application

filed before the jurisdictional Sessions Court in -3- NC: 2025:KHC:20127 CRL.P No. 6330 of 2025

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

he is before this Court.

4. Learned counsel for the petitioner submits that

investigation of the case is completed and charge sheet is

already filed. The maximum punishment for the alleged

offences is imprisonment for a period of seven years. Petitioner

has no other criminal antecedents. Accordingly, he prays to

allow the petition.

5. Per contra, learned HCGP has opposed the petition.

6. FIR in the present case was registered against unknown

persons. During the course of investigation, accused Nos.1 and

2 were arrested in the present case. After completing the

investigation, charge sheet has been filed against accused

Nos.1 and 2. The allegation in the charge sheet is that by

threatening the first informant that he was involved in a money

laundering case and he was under digital arrest, a sum of Rs.15

lakhs was transferred to the account of accused No.1 with the

assistance of accused No.2. Undisputedly, there is no allegation

that money has been transferred to the account of the -4- NC: 2025:KHC:20127 CRL.P No. 6330 of 2025

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petitioner. Investigation in the case is completed and charge

sheet has been filed. The alleged offences are triable by the

Court of Magistrate and the maximum punishment for the

alleged offences is imprisonment for a period of seven years.

Petitioner has no other criminal antecedents. Under the

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

petitioner for grant of regular bail needs to be answered

affirmatively. Accordingly, the following order:-

7. The petition is allowed. The petitioner is directed to be

enlarged on bail in Crime No.11/2025 registered by Dakshina

Kannada CEN Crime Police Station, Dakshina Kannada, for the

offences punishable under Sections 66(C) and 66(D) of

Information Technology Act, 2008 and Sections 308(6), 319(2),

318(4) and 3(8) of BNS, 2023, subject to the following

conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) 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;

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

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

e) The petitioner shall not leave the jurisdiction of the

Trial Court without permission of the said Court until the

case registered against him is disposed off.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

DN