Parth Madan Vs State of Karnataka by Konanakunte Police

STATE OF KARNATAKA BY KONANAKUNTE POLICE BENGALURU CITY - 560 062, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT.RASHMI PATEL, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ALLOW THE PETITION BY GRANTING THE ANTICIPATORY BALL AND

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NC: 2025:KHC:50815 CRL.P No. 15068 of 2025

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HC-KAR

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THEREBY DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.04/2020 OF KONANAKUNTE POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 66(C) AND 66(D) OF INFORMATION TECHNOLOGY ACT AND 420 OF THE INDIAN PENAL CODE, 1860, PENDING ON THE FILE OF XXX ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BANGALORE.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.2 under Section

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438 of Code of Criminal Procedure, praying to grant anticipatory bail in Crime No.4/2020 of Konanakunte Police Station, registered for offences punishable under Sections 66(C) and 66(D) of Information Technology Act and Section 420 of Indian Penal Code.

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Heard learned counsel for petitioner and

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learned High Court Government Pleader for respondent - State.

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Learned counsel for petitioner would contend

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that, the petitioner is innocent and he is having no role in

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HC-KAR

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the alleged commission of the offence. The petitioner is not aware as to why Rs.46,463/- has been credited to his account. Now, the petitioner has already deposited Rs.46,463/before the Jurisdictional Magistrate on 03.12.2025. The petitioner has no objection for release of

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that amount to the complainant. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner undertakes to appear before the trial Court on all dates of hearing and cooperate for speedy disposal of the case. With these, he prayed to allow the petition.

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Per contra, learned High Court Government Pleader for respondent would contend that, the investigation is already over and the charge sheet has been filed. The petitioner is a resident of Himachal Pradesh. If the petitioner is granted bail, there are chances of he flee from justice and not available to the trial. With these, she prayed for dismissal of the petition.

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NC: 2025:KHC:50815 CRL.P No. 15068 of 2025

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HC-KAR

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Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

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As per the complaint the case of the prosecution is that, the complainant has uploaded advertisement in OLX regarding sale of his plastic chairs for Rs.450/-. One Mr. Ajay Yadav made a phone call to the complainant on 31.12.2019 and told the complainant that, he will purchase the chairs. Thereafter, on 01.01.2020, the petitioner/accused No.2 with his mobile contacted the complainant for purchase of the chairs and told the complainant that, he will send the payment through his card of ICICI Bank. Thereafter, he sent QR code and got the said QR code scanned and received Rs.46,463/- from the account of complainant and cheated him. Now, the investigation is over and the charge sheet has been filed. More so, the petitioner/accused No.2 has deposited the said amount of Rs.46,463/- which he received from the complainant to his account. The petitioner has no

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HC-KAR

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objection for releasing the said amount to the complainant. The petitioner has undertaken to appear before the trial Court on all dates of hearing. There are no criminal antecedents of the petitioner.

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Considering all the above aspects, the petitioner

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has made out a case for grant of anticipatory bail with conditions. In the result, the following;

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ORDER

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The Criminal Petition is allowed . The petitioner is granted anticipatory bail in Crime No.4/2020 of Konanakunte Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:

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i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court / Investigating Officer.

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ii) The petitioner shall voluntarily appear before the jurisdictional Court /

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