Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15725 CRL.P No. 3487 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3487 OF 2025
BETWEEN:
1.
PADMINI BEHRA @ ALIJA D/O HEMANTHKUMAR BEHRA AGED ABOUT 22 YEARS RESIDING AT NO.204, A-4 BLOCK PALM HEAVEN APARTMENT NEAR RAJARAJESHWARI MEDICAL COLLEGE KENGERI, BENGALURU-560 060.
2.
IQRAR UL ISLAM LONE S/O NOOR UL AMEEN LONE AGED ABOUT 25 YEARS RESIDING AT NO.204, A-4 BLOCK PALM HEAVEN APARTMENT NEAR RAJARAJESHWARI MEDICAL COLLEGE KENGERI, BENGALURU-560 060.
…PETITIONERS (BY SRI. DEVARAJA M, ADV.,)
AND:
STATE OF KARNATAKA BY SHO MANDYA CEN-CRIME POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
Digitally signed by RUPA V Location: High Court of karnataka
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NC: 2025:KHC:15725 CRL.P No. 3487 of 2025
THIS CRL.P IS FILED U/S 439 OF CR.P.C. (U/S 483 BNSS) PRAYING TO ORDER TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.2/2005 REGISTERED BY THE RESPONDENT MANDYA CEN CRIME P.S., FOR THE OFFENCES MADE PENAL UNDER SECTIONS 318(4) AND 319(2) OF THE BHARATIYA NYAYA SANHITA AND SECTIONS 66(C) AND 66(D) OF THE INFORMATION TECHNOLOGY ACT, PENDING ON THE FILE OF THE II ADDITIONAL SENIOR JUDGE AND JMFC, MANDYA, IN THE ENDS OF JUSTICE.
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 Nos.5 and 6 in Crime.No.2/2025 registered by Mandya CEN Crime police station, Mandya for offences punishable under Sections 66(C), 66(D) of the Information Technology (IT) Act, 2000 and Sections 319(2), 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime.No.2/2025 was registered by Mandya CEN Crime police station, Mandya for the aforesaid offences against ITC Company Shivanya and
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NC: 2025:KHC:15725 CRL.P No. 3487 of 2025
others based on first information dated 15.01.2025 received from Nawaz Pasha S/o. Amjad Pasha. During the course of investigation of the case, the petitioners herein were arrested on 05.02.2025 and in the remand application they were arrayed as accused Nos.5 and 6. Bail application filed before the Jurisdictional Sessions court in Crl.Misc.No.113/2025 was rejected on
04.03.2025. Therefore, they are before this Court.
4. Perusal of the material on record would go to show that petitioners name was not found in the FIR. During the course of investigation, petitioners herein were arrested on 05.02.2025. Investigation of the case is now completed and charge sheet has been filed against seven persons. Petitioners herein are arrayed as accused Nos.5 and 6 in the charge sheet. Accused No.2, who was arrested in the present case has been granted regular bail by Jurisdictional Court of Magistrate. Undisputedly, petitioners herein do not have any criminal antecedent. The alleged offences are triable by the Court of Magistrate
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NC: 2025:KHC:15725 CRL.P No. 3487 of 2025
and maximum punishment for the alleged offences is imprisonment for a period of 07 years. Petitioner No.1, who is a lady aged about 22 years is said to be a nursing student studying paramedical course in Bengaluru.
5. Considering the aforesaid aspects of the matter and also having regard to the nature of allegations found against the petitioners, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:
ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime.No.2/2025 registered by Mandya CEN Crime police station, Mandya for offences punishable under Sections 66(C), 66(D) of the Information Technology (IT) Act, 2000 and Sections 319(2), 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 483 of the Bharatiya Nagarik
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NC: 2025:KHC:15725 CRL.P No. 3487 of 2025
Suraksha Sanhita (BNSS), 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, out of which one surety shall be a local surety, 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 his appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
ABK List No.: 1 Sl No.: 44