- 1 - NC: 2025:KHC:17435 CRL.P No. 4059 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4059 OF 2025 BETWEEN: ABHISHEK .S. S/O SURESH .T, AGED ABOUT 21 YEARS R/AT 2ND CROSS, GAREHATTI, CHITRADURGA - 577 501. AND ALSO C/O SHREE RANGA MOBILES, LAKSHMI BAZAAR, VIJI TEST 1ST CROSS, JAIN TEMPLE, CHITRADURGA - 577 501. …PETITIONER (BY SRI. KANTHARAJAPPA M.G., ADVOCATE) AND: THE STATE OF KARNATAKA BY BANASHANKARI POLICE STATION, BENGALURU CITY - 560 070. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF BUILDING AT BANGALORE - 560 001 …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS ANTICIPATORY BAIL APPLICATION UNDER SEC.482 OF BNSS BY DIRECT THE RESPONDENT BANASHANKARI POLICE TO RELEASE/ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THE ARREST OF THESE PETITIONER IN CR.NO.359/2024 FOR THE ALLEGED OFFENCE P/U/S 66(C), 66(D) OF I.T ACT AND SEC.318(4), 319(2) BNS 2023 OF BANASHANKARI P.S PENDING ON Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17435 CRL.P No. 4059 of 2025 THE FILE OF THE HONBLE COURT OF THE 2ND ADDL.C.M.M COURT NRUPATUNGA ROAD, BENGALURU CITY BY ALLOWING THIS PETITION. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner who is apprehending arrest in Crime No.359/2024 registered by Banashankari Police Station, Bengaluru for offences punishable under Section 318(4), 319(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections 66(C) and 66(D) of the Information Technology Act (for short, IT Act') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.359/2024 was registered by Banashankari Police Station, Bengaluru against unknown for the aforesaid offences on the basis of the first information dated 08.12.2024 received from Lakshmi.H w/o T.R.Sreenivas. - 3 - NC: 2025:KHC:17435 CRL.P No. 4059 of 2025 4. During the course of investigation of the case, petitioner had received a enquiry notice dated 28.01.2025 from the investigation officer, and therefore, apprehending arrest in the said case, he had filed Crl.Misc.No.1509/2025 before the Jurisdictional Sessions Court, which was rejected on 05.03.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner has produced material before the Court to show that petitioner is the proprietor of the enterprise known as 'Shree Ranga Mobiles'. He has submitted that petitioner is also a student pursuing his 6th semester in engineering course. According to the prosecution, an amount of Rs.2,000/- was transferred from the bank account of the victim to the bank account of 'Shree Ranga Mobiles' on 04.12.2024. 6. Perusal of the first information would go to show that first informant had lost her mobile phone on 03.12.2024 while she was traveling in a train and belatedly, she had approached the police on 08.12.2024. According to learned counsel for the petitioner, for the service rendered by the petitioner in his mobile shop, the aforesaid amount has been - 4 - NC: 2025:KHC:17435 CRL.P No. 4059 of 2025 paid by the customer, who had brought the mobile phone to the shop on 04.12.2024. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.359/2024 registered by Banashankari Police Station, Bengaluru for offences punishable under Section 318(4), 319(2) of BNS and Sections 66(C) and 66(D) of IT Act, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - NC: 2025:KHC:17435 CRL.P No. 4059 of 2025 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV/List No.: 1 Sl No.: 41