Mr. Ashraf Chalil Vs State of Karnataka

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NC: 2026:KHC:8715 CRL.P No. 17302 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17302 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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MR. ASHRAF CHALIL S/O BEERANKUTTY AGED ABOUT 49 YEARS R/AT CHALIL HOUSE VENGARAKUTTELUR ORAKAM POST, MALAPPURAM KERALA STATE PIN-680 562

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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MR. JABIR UTTEN MAVANGAL S/O ABDUL RAZAK AGED ABOUT 35 YEARS R/AT UTTEN MAVANGAL HOUSE KILINKKODE, KANNAMAGALAM CHERUR, MALAPPURAM KERALA STATE PIN-676 304

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…PETITIONERS

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(BY SRI. MUZAFFAR AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY CEN CRIME POLICE STATION DAVANGERE REP. BY STATE PUBLIC PROSECUTOR

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2 - NC: 2026:KHC:8715 CRL.P No. 17302 of 2025

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HC-KAR

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HIGH COURT BUILDING BANGALORE-560 001

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…RESPONDENT

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(BY SRI. MOHD. AYUB ALI, ADDL. SPP)

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THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE THE PETITIONER NO.1 AND 2/ACCUSED NO.1 AND 2 ON BAIL IN CRIMINAL CASE NO.40/2025 REGISTERED BY THE CEN CRIME PS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 66(D), 66(C) OF INFORMATION TECHNOLOGY ACT 2000 AND 319(2), 318(3) AND 308(2) OF THE BNS 2023 IN THE FILE OF THE III ADDL.CIVIL JUDGE AND JMFC, DAVANAGERE.

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THIS PETITION, COMING ON FOR FURTHER HEARING, 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 Nos.1 and 2 under Section 483 of BNSS praying to grant bail in Crime No.40/2025 of Davanagere CEN Crime Police Station, registered for offences punishable under Section 66(D), 66(C) of Information Technology Act, 2000 and Section 319(2), 318(3), 308(2) of BNS.

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Heard the learned counsel for petitioners and

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learned Additional SPP for respondent-State.

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HC-KAR

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Learned counsel for petitioners would contend that the alleged money received is by accused Nos.3 and 4. CW.9 to CW.17 are relatives and friends of accused Nos.3 and 4. The accounts of CW.9 to CW.17 have been used by accused Nos. 3 and 4 for getting money transferred by the alleged crime. Petitioner No.1/accused No.1 is having four accounts in SBI, Canara Bank, Bank of Maharashtra and Federal Bank. The statement of bank account of accused No.1 has been collected. Petitioner No.1 was earlier doing Bakery business in Bangalore and now working in a Bakery at Kerala. Petitioner No.2/accused No.2 is a friend of accused No.1/petitioner No.1 who was working in Oman and Dubai and presently he was working in Kerala. The investigation is over and charge sheet has been filed. The petitioners have no major role in the alleged offences. The major role played is by accused Nos.3 and 4 and other accused. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. There are

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NC: 2026:KHC:8715 CRL.P No. 17302 of 2025

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HC-KAR

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no criminal antecedents of the petitioners. With this he

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prayed to allow the petition.

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Per contra , learned Additional SPP would contend

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that totally to an extent of Rs.19,67,300/- has been deposited to the bank account of accused No.1 between 22.01.2025 to 13.02.2025. Accused No.1 has withdrawn the said amount deposited by cheque and all the accused have got distributed the said amount. The bank accounts of CW.9 to CW.17 have been used for getting transfer of the money by committing digital arrest. There is a conspiracy by accused Nos.1 to 6 to commit the alleged offences. There is no explanation by the petitioners regarding the deposit of huge money to their bank account between 22.01.2025 to 13.02.2025. Prior to the said dates, there were no any deposit of huge amount to their bank account. The further investigation is still going on and the IO has sought permission for further investigation and filing of additional charge sheet. If the petitioners are granted bail, there are chances of them hampering further

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5 - NC: 2026:KHC:8715 CRL.P No. 17302 of 2025

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HC-KAR

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investigation and flee from justice and threatening the prosecution witnesses. With this he prayed to reject the petition.

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Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

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As per charge sheet, the case of the prosecution is that petitioners and accused Nos.5 and 6 are residents of Kerala State, in Malappuram District and are known to each other. The petitioner No.1/accused No.1 was earlier running a bakery and at that time accused No.3 was working in the said bakery. Accused Nos.3 and 4 are residents of Belur Taluk and they are friends. The accused persons by making WhatsApp call to CW.1 intimating his involvement in some offence of drug transport and got transferred several amount to different accounts keeping CW.1 in digital arrest. The accounts of CW.9 to CW.17 are used by the accused persons for getting transfer of money from the account of different persons to the extent of

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HC-KAR

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Rs.26,49,289/-. Accused Nos.3 and 4 have withdrawn the said money from the account of CW.9 to CW.17 and gave it to accused Nos.1 and 2. Accused No.1 has credited and has deposited the amount given by accused Nos.3 and 4 to his bank account with SBI between 22.01.2025 to 13.02.2025 to the extent of Rs.19,67,300/- in cash deposit machine and thereafter withdrew the said amount and all the accused persons have shared the said amount.

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CWs.9 to 17 are stated to be the friends and relatives of accused Nos.3 and 4. On perusal of the voluntary statement of accused No.1, there is no any explanation by him regarding he depositing huge money to his bank account by using cash deposit machine and withdrawing the same. On perusal of the charge sheet material, there is prima-facie case against the petitioners for offences alleged against them. Even though the charge sheet is filed, the IO has sought permission for further investigation in the matter. If the petitioners are granted bail, there are chances of them hampering the further

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