Md. Fayaz Ahmad Vs State by — Anticipatory Bail | Karnataka HC (2025)

Md. Fayaz Ahmad Vs State by — Anticipatory Bail | Karnataka HC (2025)

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NC: 2025:KHC:20351 CRL.P No. 4002 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO.4002 OF 2025

BETWEEN:

MD. FAYAZ AHMAD S/O. ABUDUS SAMAD AGED 39 YEARS RESIDING AT NO.11/H/5 ALIMUDDIN STREET, PARK STREET CIRCUS AVENUE, KOLKATA WEST BENGAL - 700 016.

…PETITIONER

(BY SRI R. SHASHIDHARA, ADVOCATE)

AND:

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

STATE BY WHITEFIELD CEN CRIME POLICE BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. (BY SMT. RASHMI PATEL, H.C.G.P.)

…RESPONDENT

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.275 OF 2023 REGISTERED BY WHITEFIELD CEN CRIME POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66(C) AND 66(D) OF THE I.T. ACT, 2000, AND SECTIONS 419 AND 420 OF THE I.P.C., 1860, PENDING BEFORE THE HON'BLE I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.

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

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NC: 2025:KHC:20351 CRL.P No. 4002 of 2025

HC-KAR

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

The petitioner, who is apprehending arrest in Crime No.275 of 2023 registered by Whitefield CEN Crime Police Station, Bengaluru, for the offences punishable under Sections 419 and 420 of the Indian Penal Code, 1860, and Sections 66(C) and 66(D) of the Information Technology Act, 2000, is before this Court under Section 438 of the Code of Criminal Procedure Code, 1973, seeking anticipatory bail.

Heard the learned counsel for the parties.

First Information Report in Crime No.275 of 2023

was registered by Whitefield CEN Crime Police Station, Bengaluru, for the aforesaid offences against unknown person based on the first information dated 3-3-2023 received from Sekhar Jyoti Saikia, who is employed in a Bank in Bengaluru. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.1728 of 2025 before the jurisdictional Sessions Court, which was dismissed on 10-3-2025. Therefore, the petitioner is before this Court.

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NC: 2025:KHC:20351 CRL.P No. 4002 of 2025

HC-KAR

Learned counsel for the petitioner submits that the petitioner is ready and willing to co-operate with the Police for the purpose of investigation. There is no allegation in the First Information Report that the petitioner had contacted the first informant. The petitioner's Bank account is already freezed and the amount transferred to his Bank account from the first informant has already been withdrawn by the first informant. Accordingly, he prays to allow the petition.

Per contra , the learned High Court Government Pleader opposes the petition. She submits that the petitioner hails from West Bengal and he has not explained as to how he had received the amount of Rs.99,500/- in his Bank account. Though the petitioner's Bank account was freezed in the year 2023 itself, till date, he has not taken any action to defreeze the said account, which would prima-facie show his involvement in committing the crime. Involvement of other accused persons is also required to be found. Accordingly, she prays to dismiss the petition.

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NC: 2025:KHC:20351 CRL.P No. 4002 of 2025

HC-KAR

In the first information, which is submitted by Sekhar Jyoti Saikia, who was working as a Banker at Bengaluru, he has stated that without his knowledge, under four different transactions totally a sum of Rs.4,09,497/- was transferred from his Bank account based on some unauthorised One Time Passwords which came to his registered mobile No.9912630435. During the course of investigation, it was found that amount of Rs.99,500/- was transferred to the Bank account of the petitioner, who hails from West Bengal and the Bank account of the petitioner which had Rs.1.24 lakh was freezed by the Police Officer and requisition was also made on 7-4-2023 itself to the jurisdictional Court for arraigning the petitioner as accused. After the Bank Account was freezed by the Investigating Officer, notices were issued to the petitioner for the purpose of enquiry. Till date, he has not co-operated with the Police for enquiry, nor has he taken any action to defreeze his Bank account, which was freezed in the year 2023 itself. The allegation in the first information is that the amount was transferred under four different transactions on the alleged date and therefore, involvement of other persons in the crime also cannot be ruled out. For the said purpose, custodial

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NC: 2025:KHC:20351 CRL.P No. 4002 of 2025

HC-KAR

interrogation of the petitioner is required, more so, for the reasons that four transactions were made between 11:50 a.m. and 12:00 p.m. on 1-3-2023. Under the circumstances, the petitioner's prayer for anticipatory bail cannot be entertained.

The petition is accordingly dismissed .

Sd/(S VISHWAJITH SHETTY) JUDGE

KVK List No.: 1 Sl No.: 41