- 1 - NC: 2025:KHC:10707 CRL.P No. 1966 of 2025 C/W CRL.P No. 1905 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1966 OF 2025 C/W CRIMINAL PETITION NO. 1905 OF 2025 IN CRL.P No. 1966/2025: BETWEEN: SAYOOJ K S S/O SURESH KUMAR AGED ABOUT 24 YEARS R/AT KOPPULLIPARAMBIL HOUSE EDATHIRINJI VILLAGE AND POST THRISSUR, KERALA. …PETITIONER (BY SRI NAVEEN KUMAR M.G, ADV.) AND: THE STATE OF KARNATAKA THROUGH BAJPE POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PRESENT CRIMINAL PETITION AND ENLARGE/ RELEASE THE PETITIONERS ON REGULAR BAIL IN CONNECTION WITH CRIME NO. 202/2024 OF BAJPE POLICE STATION, PENDING ON THE FILE OF THE LEARNED JMFC VI COURT, MANGALURU D.K, FOR THE ALLEGED OFFENCE P/U/S 318(4) R/W 3(5) OF BNSS AND U/S 66D OF IT ACT. Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:10707 CRL.P No. 1966 of 2025 C/W CRL.P No. 1905 of 2025 IN CRL.P NO. 1905/2025: BETWEEN: 1. SANJAY V.A S/O ANIYAN V.S AGED ABOUT 22 YEARS RESIDING AT VALOOPARAMBIL HOUSE, EDATHIRINJI VILLAGE AND POST, MUKUNDAPURAM THRISSUR, KERALA. 2. AJITH K.J S/O JANAKAN AGED ABOUT 22 YEARS RESIDING AT KOONAMMAVU HOUSE, NEAR M.R. BAR MUKUNDAPURAM, THRISSUR KERALA. ...PETITIONERS (BY SRI NAVEEN KUMAR M.G, ADV.) AND: THE STATE OF KARNATAKA THROUGH BAJPE POLICE STATION REP. BY SPP, HIGH COURT OF KARNATAKA BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PRESENT CRL.P AND ENLARGE/RELEASE THE PETITIONERS ON BAIL IN CONNECTION WITH CR.NO.202/2024 OF BAJPE POLICE STATION, PENDING ON THE FILE OF THE LRD JMFC VI COURT, MANGALURU D.K., FOR THE ALLEGED OFFENCE P/U/S 318(4) R/W 3(5) OF BNSS AND UNDER SEC. 66D OF IT ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 3 - NC: 2025:KHC:10707 CRL.P No. 1966 of 2025 C/W CRL.P No. 1905 of 2025 ORAL ORDER Accused Nos.1 to 3 in Crime No.202/2024 registered by Bajpe Police Station, Mangaluru City for the offence punishable under Sections 318(4) & 3(5) of BNS, 2023 and Section 66(D) of the Information Technology Act, 2008 are before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard learned counsel appearing for the parties. 3. Learned counsel for the petitioners submits that the alleged offences are punishable with imprisonment for a period of seven years. The petitioners are arrested on 07.01.2025 and remanded to judicial custody. Till date charge sheet is not filed. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP on instruction submits that till date charge sheet is not filed in the present case. 5. Section 187(3) of BNSS, 2023 reads as under: - 4 - NC: 2025:KHC:10707 CRL.P No. 1966 of 2025 C/W CRL.P No. 1905 of 2025 "The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding- -(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter". 6. From the aforesaid it is very clear that, within a period of 60 days from the date of arrest of the accused, for the offence punishable upto seven years, investigation is required to be completed and final report is required to be submitted within sixty days. In the case on hand, the petitioners have been arrested on 07.01.2025 and they have been remanded to judicial custody. It is not in dispute that till date charge sheet is not filed in the - 5 - NC: 2025:KHC:10707 CRL.P No. 1966 of 2025 C/W CRL.P No. 1905 of 2025 present case. Under these circumstances, the petitioners have right to statutory bail. 7. Accordingly, the following: ORDER The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.202/2024 registered by Bajpe Police Station, Mangaluru City for the offence punishable under Sections 318(4) & 3(5) of BNS, 2023 and Section 66(D) of the Information Technology Act, 2008, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 6 - NC: 2025:KHC:10707 CRL.P No. 1966 of 2025 C/W CRL.P No. 1905 of 2025 c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS