- 1 - NC: 2025:KHC:12909 CRL.P No. 3411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3411 OF 2025 BETWEEN: 1. P. ARJUN @ ARJUN PUTHUPARAMPIL S/O BABU GIREESH AGED ABOUT 29 YEARS R/O PUTHUPARAMBIL MARUTHA P.O VAZHIKKADAVU MANIMOOLY, MALAPPURAM KERALA STATE - 679 333. 2. REJI K VARGHESE @ REJI IMMANUEL S/O THOMAS VARGHESE AGED ABOUT 39 YEARS R/O NO.52, BYRAVESHWARA NAGARA, SHETTIHALLI BENGALURU - 560 015. …PETITIONERS (BY SRI SHIVAKUMARAPPA T.C, ADV.) AND: STATE OF KARNATAKA BY RAJAGOPALA NAGARA POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12909 CRL.P No. 3411 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONERS BY DIRECTING THE SUB INSPECTOR, OF RAJAGOPALA NAGARA POLICE STATION, BENGALURU TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEY ARREST IN CRIME NO.27 OF 2025 FOR THE OFFENCE P/U/S. 115(2), 118(1), 127(2), 296(b), 309(4) AND 351(2) R/W 3(5) OF BNS AND SECTION 66E OF INFORMATION TECHNOLOGY ACT 2000. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.27/2025 registered by Rajagopalnagar Police Station, Bengaluru, for the offences punishable under Sections 115(2), 118(1), 127(2), 296(b), 309(4), 351(2) read with Section 3(5) of BNSS, 2023 and Section 66(E) of the Information Technology Act, 2000, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.27/2025 was registered by Rajagopalnagar Police Station, Bengaluru, for the aforesaid offences against petitioners herein based on the first information received from Adil on 07.02.2025. Apprehending - 3 - NC: 2025:KHC:12909 CRL.P No. 3411 of 2025 arrest in the said case, petitioners had filed Crl.Misc.No.1334/2025 before the jurisdictional Sessions Court which was rejected on 21.02.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that there is an inordinate delay in approaching the police. The alleged offences are triable by the Court of Magistrate. Petitioners have no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. A perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 03.10.2024, first informant had initially filed a police complaint before the Kurathikadu Police Station, Alappuzha District, Kerala on 06.10.2024. Subsequently, for want of jurisdiction, FIR which was registered by Kurathikadu Police Station, Alappuzha District, Kerala, was transferred to Rajagopalnagar Police Station, Bengaluru and the present FIR in Crime No.27/2025 was registered against the petitioners. The delay in - 4 - NC: 2025:KHC:12909 CRL.P No. 3411 of 2025 approaching the police has not been satisfactorily explained by the first informant. It is not in dispute that petitioners do not have any other criminal antecedents. Petitioners have undertaken to cooperate with the police for the purpose of investigation. Considering the nature of allegations found against the petitioners in the first information and also the unexplained delay of more than three days in approaching the police, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.27/2025 registered by Rajagopalnagar Police Station, Bengaluru, for the offences punishable under Sections 115(2), 118(1), 127(2), 296(b), 309(4), 351(2) read with Section 3(5) of BNSS, 2023 and Section 66(E) of the Information Technology Act, 2000, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall - 5 - NC: 2025:KHC:12909 CRL.P No. 3411 of 2025 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. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN