Indudhar Mallikarjun Kataraki Vs State of Karnataka

INDUDHAR MALLIKARJUN KATARAKI S/O MALLIKARJUN KATARAKI HINDU, AGED ABOUT 25 YEARS RESIDING AT NEAR OLD BUS STAND SHIGLI P O SHIRAHATTI TALUK GADAG DISTRICT, KARNATAKA -582 210.

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…PETITIONER

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(BY SRI. B S JEEVAN KUMAR.,ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY DETECTIVE POLICE INSPECTOR CYBER CRIME DIVISION CID NO. 01 CARLTON HOUSE PALACE ROAD, BENGALURU -560 001 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU -560 001.

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…RESPONDENT

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(BY SMT. ANITHA GIRISH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN THE EVENT OF ARREST ON TERMS AND CONDITIONS FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 66(c) AND (d) OF IT ACT AND 318(4) OF BNS IN CRIME NO.36/2025 REGISTERED BY KODAGU CEN POLICE STATION, NOW REFERRED TO CID CYBER CRIME DIVISION POLICE STATION, CID, NO.1, CARLTON HOUSE, PALACE ROAD, BENGALURU, ON

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NC: 2026:KHC:23021 CRL.P No. 5197 of 2026

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HC-KAR

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THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT MADIKERI KODAGU DISTRICT AND ETC.

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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 M.G.S. KAMAL

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ORAL ORDER

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Petitioner is before this Court apprehending imminent arrest at the hands of the respondent police in the light of he receiving the notice under Section 35(3) of the BNS Act dated 16.01.2026 in which he has been directed to appear before the Investigation Officer in respect of a case in Crime No.36/2025 registered under Section 66C, 66D of Information Technology Act, 2000 and Section 318(4) of the BNS Act.

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2. Learned counsel for the petitioner submits that a complaint has been filed by certain K.K.Belliappa of Madikeri before the police at Madikeri alleging that one Rithu Vohora induced him to invest in the share market, assuring him of astronomical returns. Accordingly, the said complainant had invested a sum of Rs.3,58,81,389.54 which amount has been sent to various accounts including a portion to the account of

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HC-KAR

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the petitioner herein. The amount which has come into the account of the petitioner is stated to be a sum Rs.45,000/-.

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3. Learned counsel for the petitioner further submits the petitioner is working as a teacher at Kendriya Vidyalaya, Gadag and is completely unaware and unconnected to the alleged incident. The petitioner had apparently made an application for online financial assistance and he was under bonafide impression that the amount of Rs.45,000/- which had been credited to his account was and must have been in response to his online application. He further submits that the name of the petitioner is not reflected in the FIR nor there is any allegation against him. That it is under the garb of notice issued under Section 35(3) of BNS the respondent police may arrest him and subject him to unwarranted interrogation. The petitioner would abide by any condition that may be imposed by this Court. The petitioner is currently assigned with the census work and it would be inconvenient for him to discharge his public duty.

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4. Learned HCGP on the other hand submits that the investigation is still in progress and the allegation involves

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HC-KAR

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cyber crime committed by certain Rithu Vohora indicating involvement of a sum of Rs.3,58,81,389.54 of which certain amount has been admittedly credited to the account of the petitioner. Therefore she opposes the petition.

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5. Heard and perused the records.

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6. Complaint as noted above indicate the complainant apparently having invested a sum of Rs.3,58,81,389.54 through one Rithu Vohora in the share market. There is no allegation or complaint against the petitioner herein. The only allegation is with regard to a portion of amount in a sum of Rs.45,000/- that has been credited to the account of the petitioner. The police during the investigation have thus found it appropriate to summon the petitioner for investigation. This has led to the filing of the petition by the petitioner apprehending his imminent arrest.

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7. On perusal of the records and in the light of there being no specific allegation having been made and also in the light of petitioner being a teacher working in Kendriya

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HC-KAR

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Vidyalaya not having any criminal antecedents, this Court deems it appropriate to allow the petition.

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Accordingly, following:

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ORDER

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Petition is allowed. Petitioner is directed to be enlarged

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on bail in the event of his arrest in Crime No.36/2025 registered by Kodagu CEN Crime Police Station, for the offences punishable under Section under Section 66C, 66D of Information Technology Act, 2000 and Section 318(4) of the BNS Act s ubject to following conditions:

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Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with one local surety for the likesum to the satisfaction of the trial Court.

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Petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full cooperation in the investigation of the matter.

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