- 1 - NC: 2025:KHC:8998 CRL.P No. 928 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 928 OF 2025 BETWEEN: ASHISH KUMAVAT, S/O SUBHASH KUMAVAT, AGED ABOUT 23 YEARS, R/A NO.5, PRABHAT ROAD, SHUR BISAL VILLAGE, SARNA POLICE STATION, JAIPUR, RAJASTHAN - 302 012. AND ALSO AT NO.5/98, PARAS RAM NAGAR, DEHAR K BALAJI, JAIPUR, RAJASTHAN - 302 039. …PETITIONER (BY SRI. KARTHIK M, ADVOCATE) AND: STATE BY BENGALURU CEN CRIME POLICE STATION, (REPRESENTED BY HCGP, H.C.K., BANGALORE - 09) …RESPONDENT (BY SMT. PUSHPALATHA, ADDL. SPP A/W SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8998 CRL.P No. 928 of 2025 CRIME NO: 87/2024 FOR OFFENCE PUNISHABLE U/SEC 66(E) AND 67(A) OF INFORMATION TECHNOLOGY ACT AND U/S 384, 354(A), 354(D) OF INDIAN PENAL CODE (IPC) BENGALURU CEN CRIME P.S NOW CASE PENDING BEFORE THE HONOURABLE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL DISTRICT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.87/2024 registered by Bengaluru CEN Crime Police Station, Bengaluru for offences punishable under Sections 384, 354 (A), 354(D) of IPC and Sections 66(E) and 67(A) of Information Technology Act (hereinafter referred to as ‘the Act’, for short) is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.87/2024 was registered by Bengaluru CEN Crime Police Station, Bengaluru initially for - 3 - NC: 2025:KHC:8998 CRL.P No. 928 of 2025 the offence punishable under Section 67(A) of the Act against the petitioner herein, based on first information dated 23.02.2024 received from Prity Sharma, aged about 23 years. 4. During the course of investigation, petitioner herein was arrested on 29.11.2024 and subsequently, remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.2720/2024 was rejected on 04.01.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner is innocent and has no criminal antecedents. Investigation of the case is completed. Maximum punishment for the alleged offence is imprisonment for a period of seven years. Accordingly, prays to allow the petition. 6. Per contra, learned Additional State Public Prosecutor has opposed the petition and she submits that petitioner is from Rajasthan State and in the event, he is - 4 - NC: 2025:KHC:8998 CRL.P No. 928 of 2025 enlarged on bail, it is difficult to secure his presence. Accordingly, prays to dismiss the petition. 7. Perusal of the material on record would go to show that FIR in the present case was registered against the petitioner only for offence punishable under Section 67(A) of the Act. The petitioner on 26.02.2024 had appeared before the Investigation Officer in the present case in response to the enquiry notice received by him on 24.02.2024. It appears that subsequently on 25.11.2024, further statement of the victim girl was recorded and based on the same, the offences punishable under Sections 384, 354(A), 354(D) of IPC were invoked and subsequently, on 29.11.2024, the petitioner was arrested and remanded to judicial custody. Investigation of the case is now completed and charge sheet has been filed. Undisputedly, petitioner has no other criminal antecedents. Maximum punishment for the alleged offences is imprisonment for a period of seven years. Under the said circumstances, I am of the opinion that the - 5 - NC: 2025:KHC:8998 CRL.P No. 928 of 2025 prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.87/2024 registered by Bengaluru CEN Crime Police Station, Bengaluru, for the offences punishable under Sections 384, 354(A), 354 (D) of IPC and Sections 66(E) and 67(A) of the Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties out of which, one shall be a local surety for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - NC: 2025:KHC:8998 CRL.P No. 928 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE VS List No.: 1 Sl No.: 57 CT: BHK