- 1 - NC: 2025:KHC:9814 CRL.P No.1931/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1931/2025 BETWEEN: 1. SRI. MOHAMMAD ANSER S/O JAWAHR ALI AGED ABOUT 21 YEARS P. R/T AT 43, SEDHUMADAI ROAD ANAIMALAI, POLLACHI TAMILNADU-642104. 2. SRI. NAVEEN KUMAR T. S/O THANGARAJ AGED ABOUT 20 YEARS R/AT. 5/116(1), PATHRAKALIYAMMAN KOVIL STREET, S. PURAVIPALAYAM POLLACHI, COIMBATORE TAMIL NADU-642110. …PETITIONERS (BY SRI. NAGENDRA G, ADV.,) AND: STATE OF KARNATAKA BY BEGURU POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01. …RESPONDENT (BY SRI. K. NAGESHAWARAPPA, HCGP) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9814 CRL.P No.1931/2025 THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL, WHO ARE PETITIONERS IN CR.NO.390/2024 BEGUR POLICE STATION, FOR THE OFFENCES P/U/S 66(C), 66(D) OF IT ACT AND 318(4), 319(2) OF THE BNS ACT, 2023, IN PENDING BEFORE THE HONBLE IX ACJM COURT AT BENGALURU IN RESPECT OF PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY ORAL ORDER Petitioners, who apprehend arrest in Crime No.390/2024 registered by Begur Police Station, Bengaluru City, for the offences punishable under Sections 66(C), 66(D) of the Information Technology Act, 2000, and Sections 318(4), 319(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.390/2024 was registered by Beguru Police Station, Bengaluru City, for the aforesaid offences based on the first information dated 05.12.2024 - 3 - NC: 2025:KHC:9814 CRL.P No.1931/2025 received from Smt.Veena against unknown persons. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.628/2025 before the jurisdictional Sessions Court, which was rejected on 01.02.2025. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners submits that pursuant to the enquiry notice received by them, they have already appeared before the Investigating Officer in the present case and they are ready and willing to cooperate with the Police for the purpose of investigation. Since their name is found in the remand application of accused No.2, they are apprehending arrest in the present case. 5. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioners. 6. The Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre vs. State of - 4 - NC: 2025:KHC:9814 CRL.P No.1931/2025 Maharashtra and others reported in 2011(1) SCC 694 has observed that in the event it is found that a person apprehending arrest has already appeared before the Investigating Officer and has cooperated for the purpose of investigation, in normal circumstances, his prayer for grant of anticipatory bail needs to be granted. In the case on hand, it is not in dispute that the petitioners had appeared before the Investigating Officer pursuant to the enquiry notice and had cooperated for the purpose of investigation. The maximum punishment for the alleged offences in the present case is imprisonment for a period of seven years. Undisputedly, the petitioners do not have any criminal antecedents and they have undertaken to cooperate with the police for investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners, needs to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to - 5 - NC: 2025:KHC:9814 CRL.P No.1931/2025 release the petitioner in the event of his arrest in Crime No.390/2024 registered by Begur Police Station, Bengaluru City, for the offences punishable under Sections 66(C), 66(D) of the Information Technology Act, 2000, and Sections 318(4), 319(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: i. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. ii. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. Petitioners shall not tamper with the prosecution witness and he shall co-operate - 6 - NC: 2025:KHC:9814 CRL.P No.1931/2025 with the police for investigation and appear before them whenever called upon. iv. The petitioners shall not involve in similar offences in future. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 67