Sri.Shahanawaz Khan @ Shahnawaz Khan vs. State Of Karnataka By

Facts

This case involves a criminal petition filed by Sri. Shahanawaz Khan seeking anticipatory bail. The petitioner is accused in Crime No. 22/2024, registered by the CID, for offences under the Information Technology Act and the Indian Penal Code. The case originated from a complaint by Leelapadmaja Agastyaraju, who was allegedly defrauded through an online investment scheme involving "Vedika Sharma" and "trader_manish01" on Instagram. The complainant was induced to invest money, with promises of high returns, but was instead asked to pay various charges, including GST, leading to a total loss of Rs. 4,46,86,593/-. The investigation revealed that the Instagram account "trader_manish01" was used from the petitioner's mobile phone. The petitioner was initially arrested in Kolkata and granted transit bail, but failed to appear before the Bengaluru jurisdictional court as directed. His anticipatory bail application was previously rejected by the Sessions Court.

Held

The Court dismissed the petition for anticipatory bail. The primary issue was whether the petitioner was entitled to anticipatory bail. The Court found that the investigation revealed a prima facie case against the petitioner, as the Instagram account 'trader_manish01', used to contact the informant and collect money, was operated from the petitioner's mobile phone (No. 8013144554) and IMEI number (357173340632417). The substantial amount of money involved (Rs. 4,46,86,593/-) and the need for custodial interrogation were significant factors. The Court also considered that the petitioner hails from West Bengal, and granting anticipatory bail could hinder the investigation. The increasing prevalence of such cybercrimes and the potential adverse impact on society if leniency is shown were also cited as reasons for dismissal. The Court concluded that no grounds were made out to allow the petition.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in Crime No. 22/2024 registered for offences under Sections 66(C) and 66(D) of the Information Technology Act, 2000, and Sections 419 and 420 of the IPC, considering the allegations of cheating and the alleged use of his mobile phone for fraudulent online activities. Contentions: Petitioner: Sought anticipatory bail, implying a need for protection from arrest and custodial interrogation. State (Respondent): Contended that the petitioner is the main accused involved in the offence. Argued that the accused used over 100 bank accounts for money transfers. Highlighted that the Instagram account 'trader_manish01' was used from the petitioner's mobile phone, establishing a prima facie case. Stated that the amount cheated is substantial (Rs. 4,46,86,593/-), necessitating custodial interrogation. Emphasized that the petitioner hails from West Bengal, and granting bail might thwart the investigation. Argued that such increasing offences need to be curtailed, and a lenient view would adversely impact society, with a risk of repetition.