" - 1 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5965 OF 2025 BETWEEN: 1. NAVEEN KUMAR R @ NAVEEN (AS MENTIONED IN FIR) S/O G RAMA KRISHNA, AGED ABOUT 35 YEARS, RESIDING AT NO.26, 1ST MAIN, 1ST CROSS, NEAR GALI ANJENEYASWAMY TEMPLE KAVIKA LAYOUT, MYSORE ROAD, BANGALORE - 560 026. 2. SHRUTHI B S@ SRUTHI (AS MENTIONED IN FIR), AGED ABOUT 33 YEARS, C/O NAVEEN KUMAR R, RESIDING AT NO.26, 1ST MAIN, 1ST CROSS, KAVIKA LAYOUT, MYSORE ROAD, BANGALORE - 560 026. …PETITIONERS (BY SRI. SIJI MALAYIL, ADVOCATE) Printed from counselvise.com Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 AND: 1. STATE OF KARNATAKA BY SOUTH CEN CRIME POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. 2. YUVARAJ SELVARAJ DIRECTOR, M/S EOX VANTAGE, GREY ROCK NO.10, 24TH MAIN, J.P NAGAR 1ST PHASE, BENGALURU - 560 078. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.33429/2023 AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE P/U/S. 408, 420, 120(B), 381 R/W. 34 OF IPC AND SECTIONS 66 AND 66(C) OF INFORMATION TECHNOLOGY ACT, NOW PENDING BEFORE THE XLV ADDL. CHEIF JUDICIAL MAGISTRATE COURT, BENGALURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Printed from counselvise.com - 3 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in CC.No.33429/2023 registered for offences punishable under Sections 66 and 66(C) of the Information Technology Act, 2008 and Sections 408, 504 and 506 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sri. Siji Malayil, learned counsel appearing for the petitioners and Sri. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1/State. 3. Respondent No.2/complainant though served long ago has remained unrepresented. 4. This Court on 28.11.2025 had passed the following order: \"Heard the learned counsel appearing for the petitioners and the learned Addl.SPP for respondent No.1. The complainant is served on 13.10.2025. Therefore, to grant one more opportunity for representation of the complainant, list the matter on 09.01.2026. Printed from counselvise.com - 4 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 The interim order granted earlier is extended till the next date of hearing.\" Even today neither the complainant nor a counsel representing the complainant is present. Therefore, the counsel for the petitioners and the State are heard. 5. The petitioners are erstwhile employees of a Company, by name EOX Vantage. They enter the Company in different capacities as office bearers between 2009 and 2010. After working about 12 years in the Company, they submit their resignation letters on different dates. The first petitioner on 01.05.2022, the second petitioner on 04.06.2022. The resignation letters were accepted and the petitioners were relieved from the Company. After about 8 months after the relief of the petitioners from the Company, a complaint comes to be registered on 23.02.2023 alleging theft of data. The Police then conduct investigation and file a charge sheet against these petitioners for the afore-quoted offences. Filing of the charge sheet is what has driven these petitioners to this Court in the subject petition. 6. The learned counsel appearing for the petitioners would contend that the complaint of data theft is with regard to Printed from counselvise.com - 5 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 the list of clients and the mails or contact details of those persons. The learned counsel taking this Court through the documents appended to the petition would demonstrate that these are documents which are in public domain and there cannot be data theft allegation of a document that is in public domain. In that light, he would seek quashment of the proceedings, as the crime is registered according to the learned counsel appearing for the petitioner to wreak vengeance for the reason that the petitioners have left the Company after working in the Company for about 12 years. 7. The learned High Court Government Pleader would submit that the Police after investigation have filed a charge sheet and therefore, it is for the petitioners to come out clean in a full blown trial. 8. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the available material on record. 9. As observed herein above, the complainant is served and unrepresented and after giving opportunities also, Printed from counselvise.com - 6 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 neither the complainant nor there is a representation for the complainant in the case at hand. 10. The afore-narrated facts are not in dispute. They are a matter of record. The entry of the petitioners into the Company - EOX Vantage is on 10.11.2019 and 01.04.2010 respectively, their resignations from the Company is 01.05.2022 and 04.06.2022, respectively. After the exit of the petitioners from the Company, the complainant institutes two proceedings; one seeks to set the criminal law into motion by registering a complaint on 23.02.2023 and a civil suit in O.S.No.3154/2023, contemporaneously. Since the criminal law is set into motion on the registration of the complaint, I deem it appropriate to notice the complaint. The complaint reads as follows. \"To The Banashankari Cyber Police Bangalore -50 From EOX Vantage Rep By Yuvaraj Selvaraj Director Grey Rock No10 24 main, JP Nagar 1 Phase Bangalore-78 Printed from counselvise.com - 7 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 Subject: Data Breach, misusing, and theft by one Anoop Sam. Sir, 1, Eox Vantage a company incorporated under the Companies Act 2013, Operating since 2004 for helping companies use a mix of Enterprise Operating Systems and also providing Platform-Software products, data science, and managed services (BPO/KPO) to fix and fine-tune data collection and to streamline workflow. The objective of the company was managed services, back office, and Knowledge process outsourcing-from simple data entry insurance industry to other industry verticals. Our team of 500+ professionals is ready 24/7 for data into profit. The company's head office is set up in US and they are operating from Ohio and operating from Bangalore. This is to inform you that, the company has had a reputation since 2004 and has its office at the above- mentioned addresses the company employed one Anoop Sam on 10th November 2009 who was employed as Assistant Manager and he had signed a non-disclosure agreement on 1\" April 2010 and over the years he was promoted as Head of operations and he was in charge of all the operations and he was also given authorization to the employee and recruit a new employee and he had access to all the employee data. The said Anoop Sam started his employment on 1 April 2009 and was terminated on 7th July 2022. The said Anoop Sam was terminated because he had misused the company's data and clients for his personal gain. This is completely against the company's policy as the said Anoop Sam has signed a Non-Disclosure Agreement with the company on 1\" April 2010. This was noticed by the company and he was warned to the same effect. Such being the case he has further influenced other employees to join him and continue the same. The company noticed a drastic change in the operations taken place in the company and took action to the same effect and on 10th Jan 2023. The company got to know that said Anoop Sam was using the company's data for his personal gain and also contacted the clients for his personal gain. The said Anoop Sam post his termination has been associated Printed from counselvise.com - 8 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 with a Company run under the name and style of CONSCALA, the said company also deals with the same objective of the EOX vantage and the operations are also similar to our company and the said company is dealing with our existing clients. The said. Anoop Sam has influenced the employees who were working in our company by name Naveen and Sruthi and influenced them to join him at CONSCALA and also obtained the data of the employees who are working in EOX Vantage. The said Naveen and Sruthi joined hands together and shared data which contained the list of employees and the list of clients and the company's internal data. And subsequently, the said Naveen and Sruthi have left our company by serving notice and joined CONSCALA and are presently working there. It is further submitted that the said Anoop Sam, has contacted our company clients and has portrayed a negative opinion of our company and also tarnished our company's reputation with our clients. The said Anoop Sam while he was working in our company as Head of Operations he has access to all employee's data and he collected all original documents of the employees for verification, and while he was terminated from the company he has taken all the original certificates like Marks cards and ather documents of the employees and when enquired and asked him to return back the said documents he has abused our employee with foul and filthy language and also tried to assault him when one of our employees had asked him to return back his documents he has demanded money for return his documents. It is further requested to your authority, to kindly take legal action against the said, Anoop Sam aged about 36 years R/at A202-Spartan Heights Apartment, Richmond Road, Shantala Nagar, Ashoknagar, Bangalore-25 Ph: 9945214911. For data theft, misusing the companies' data, harassment of employees, extortion of money, and also trying to tarnish our company image. Due to the actions committed by Anoop Sam the company has incurred huge monetary losses. Printed from counselvise.com - 9 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 These section to added in the compliant IPC 420, 504, 506, 65, and 64. Hence, it is herewith requested you that, kindly look into the matter and issue appropriate legal action against the above-mentioned person.\" The Police conduct investigation and have filed a charge sheet. The summary of the charge sheet as obtained in column No.17 reads as follows: \"17. \u0001ೇ\u0004ನ ಸಂ\bಪ ಾ ಾಂಶ ಈ \u0010ೋ\u0012ಾ ೋಪ\u0013ಾ ಪ\u0014\u0015ಯ ಅಂಕಣ-14 ರ\u001b , ನಮೂ \u0004ರುವ ಾ\b-1 ರವರು !ೆಂಗಳ$ರು ನಗರ, \u0004. ಇ.ಎ' \u0001ೆ(ಂ )\u001bೕ* +ಾ\u0013ಾ ಸರಹ -ನ .ೆ./ ನಗರ 10ೇ ಹಂತ, 24 0ೇ ಮುಖ3 ರ ೆ , ನಂ. 10 ರ\u001b ರುವ Eox Vantage Private Limited ಎಂಬ ಕಂಪ5ಯ\u001b 6ೈರಕ\u00158 ಆ:ದು-, ಸದ< ಕಂಪ5ಯು ಾ=\u0015 >ೇ8, 6ಾ?ಾ ೈ'@, Aಾ30ೇB ಸCD* ಗEಾದ F./.ಒ/\u0001ೆ./,ಓ \u0001ೆಲಸಗಳನುJ ನ6ೆಸುK ದು-, ಸದ< ಕಂಪ5Lೆ 0ಾಂಕ 10/11/2009 ರಂದು ಅಂಕಣ-12 ರ\u001b , ನಮೂದು AಾMರುವ ಎ-1 ಆ ೋ/ ಅ\u0004 ೆ\u0015ಂN Aಾ30ೇಜ8 ಆ: \u0001ೆಲಸ\u0001ೆP ೇ<\u0001ೊಂMದು-, ನಂತರ ಸದ< ಕಂಪ5ಯ\u001b, ಎ-1 ಆ ೋ/ಯು ಮುಂಬM ಯನುJ ಪ6ೆದು QೆR ಆಪ ೇಶ' \u0014 QೆR ಆ: \u0001ೆಲಸ AಾMರುSಾ ೆ, ನಂತರ ಸದ< ಕಂಪ5Lೆ ಸಂಬಂT\u0004ದ ಎUಾ , ರಹಸ3 ದSಾ ಂಶಗಳನುJ 5ವDVಸುವ ಜ>ಾ!ಾ-< Qಾಗೂ ಕಂಪ5Lೆ !ೇ\u0001ಾಗುವ Qೊಸ ಊ\u0010ೊ3ೕ:ಗಳನುJ 0ೇಮಕ AಾM\u0001ೊಳXYವ ಅT\u0001ಾರ Qೊಂ ರುSಾ ೆ ಅಲ \u0010ೆ ಕಂಪ5ಯ .ೊSೆ Non-disclosure agreement ಎAಬ ಒಪZಂದದ ಪತ[\u0001ೆP 0ಾಂಕ 01/04/2010 ರಂದು ಸV AಾMರುSಾ 0ೆ. ಆದ ೆ ಎ-1 ಆ ೋ/ಯು ಅಂಕಣ 12 ರ\u001b , ನಮೂದು AಾMರುವ ಎ-2 ಮತು ಎ-3 ಆ ೋ/ಗEೆ$ಂ Lೆ ಒಳಸಂಚು ರೂ/\u0004, ಾ\b-1 ರವರ ಕಂಪ5Lೆ ]ೕಸ Aಾಡುವ ದುರು\u0010ೆ-ೕಶ ಂದ ಾ\b-1 ರವರ ಕಂಪ5ಯ Lೌಪ3 AಾVK ಮತು. Lಾ[ಹಕರ AಾVK ಇರುವ ದSಾ ಂಶವನುJ ಕಂಪ5ಯ ಇ`ೕa ಐ.M 5ಂದ ತನJ ಸcಂತ ಇ`ೕa ಐ.M Lೆ ವLಾDವ\u0013ೆ AಾM\u0001ೊಂಡು, ಸದ< ದSಾ ಂಶವನುJ Conscale Technologies Pvt. Ltd. ಎಂಬ ಕಂಪ5ಯ\u001b ಉಪeೕ:\u0004\u0001ೊಂಡು ಾ\b-1 ರವರ ಕಂಪ5Lೆ ಆfDಕ ನಷ\u0015ವhಂಟು AಾM, ನಂF\u0001ೆ \u0010ೊ[ೕಹ>ೆಸ:, ವಂಚ0ೆ AಾM ಅಪ ಾಧ>ೆಸ:ರುವhದು ಮತು ಎ-1 ಆ ೋ/ಯು ಾ\b-1 ರವರ ಕಂಪ5ಯ ದSಾ ಂಶವನುJ ತನJ ಸcಂತ ಇ`ೕa ಐMLೆ ವLಾDವ\u0013ೆ Printed from counselvise.com - 10 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 AಾM\u0001ೊಂMರುವhದನುJ ಒ/Z\u0001ೊಂಡು, ಾ\b-1 ರವರ ಕಂಪ5Lೆ k`lಾm\u0004 ಪತ[ವನುJ 5ೕMರುವhದು ತ5nಾ \u0001ಾಲದ\u001b ದೃಢಪ\u0014\u0015ರುತ \u0010ೆ. ಆದ-<ಂದ ಎ-1, ಎ-2 ಮತು ಎ-3 ಆ ೋ/ಗಳ Cರುದq ಕಲಂ: 66, 66(\u0004) ಐ.\u0014 \u0001ಾr- ಮತು ಕಲಂ: 381, 408, 420, 120(F) gÉ/« 34 ಐ./.\u0004 <ೕSಾ3 stಾಹD0ೆಂದು \u0010ೋ\u0012ಾ ೋಪ\u0013ಾ ಪ\u0014\u0015ಯನುJ Aಾನ3 0ಾ3lಾಲಯ\u0001ೆP 5>ೇ \u0004\u0001ೊಂMರುತ \u0010ೆ,\" The allegations are the ones punishable under Sections 381, 408, 420 and 120(B) read with 34 of the IPC. All the allegations hinge upon one fact of data theft and the petitioners working in rival Companies or setting up their own Company and stealing the clientele data of the complainant/Company. 11. The complaint is noticed in its entirety, the data that is stolen is what is alleged is in public domain. This factor is not in dispute. In the civil suit, the complainant is cross- examined. The cross-examination of the complainant in the civil suit is as follows: \"14. I am not aware where the defendant is presently working. After leaving our company, I do not know where the defendant is working. We don't keep any track on employees. As of now, I have no documents to show that the defendant is working in our rival company or neither started own company of the same business using the data of our company. 15. I have no documents to show that the defendant has pouched some of our employees of our company and they are with the defendant. I have not verified with linkedin profile for cross checking. It is true that I have not verified any social media platform about Printed from counselvise.com - 11 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 the employment of the defendant. I have not verified that the defendant has used the data for his personal gain. It is true that our company and Vantage Agora Marketing Private Limited has no connection at all. It is true that Vantage Agora Marketing Private Limited is working till 31.03.2023. Witness admitted the information of Ministry of Corporate affaris. 16. As per Ex.D.1, the last date of AGM was conducted on 31.03.2022. As per Ex.D.1, the address of the company is Pixel park, Electronic City, Bengaluru. At the incorporation of the Plaintiff Company, the address was Sadashivanagar, Bengaluru, now it is shifted to J.P.Nagar, Bengaluru.\" The complainant himself in the cross-examination would depose that he is not aware where the petitioners are working. After leaving the company, where the petitioners are working and they do not keep track of the employees, who go out of the company and as on the date of cross-examination they have no documents to show that the defendants therein, the petitioners herein are working in rival Companies and have started their own Company or using the data of the Company. If this is the cross-examination of the complainant before the Civil Court, it is understandable as to how on the same set of facts, criminal law could be set into motion or further trial must be permitted to be continued. When the complainant himself is not aware of any data theft, the complaint thus would tumble down and Printed from counselvise.com - 12 - HC-KAR NC: 2026:KHC:1253 CRL.P No. 5965 of 2025 further proceeding i.e., the charge sheet so filed against the petitioners would meet the same fate. 12. In the light of the issue already agitated before the Civil Court and the Civil Court seized the matter, permitting further proceedings in CC.No.33429/2023, in the peculiar facts of this case would amount to abuse of the process of the law and result in miscarriage of justice. Thus, the crime requires to be obliterated. However, observing that in the event, in the civil proceedings if there is a finding with regard to data theft, it is open to the complainant to seek revival of the proceedings. 13. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 15 Printed from counselvise.com "