- 1 - HC-KAR NC: 2025:KHC:20574 CRL.P No. 5737 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5737 OF 2025 BETWEEN: 1. SRI MAHESH, SON OF MR. KRISHNAPPA, AGED ABOUT 48 YEARS, OCCUPATION: SELF EMPLOYEE, RESIDING AT : #15, ANJANEYA TEMPLE, KADIGANAHALLI VILLAGE, BETTAHALASUR, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 157 2. SRI. NAGARAJU M. SON OF MR. MADDURAPPA, AGED ABOUT 38 YEARS, R/AT#189, SONNAPANAHALLI VILLAGE, BETTAHALASURU, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 157. …PETITIONERS (BY SRI PRASANNA CHARI K.B, ADVOCATE) AND: STATE OF KARNATAKA STATION HOUSE OFFICER, CHIKKAJALA POLICE STATION, INTERNATIONAL AIRPORT ROAD, CHIKKAJALA, BANGALORE – 562 157 REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE -560001 …RESPONDENT (BY SMT.WAHEEDA.M.M, HCGP) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20574 CRL.P No. 5737 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER No.1 TO 2 (ACCUSED NO.1 TO 2) HEREIN IN THE EVENT OF THEIR ARREST IN CRIME NO.25 OF 2025 REGISTERED BEFORE THE CHIKKAJALA POLICE STATION, PENDING ON THE FILE OF THE HON’BLE ADDITIONAL CIVIL JUDGE AND JMFC AT DEVANAHALLI FOR AN ALLEGED OFFENCES PUNISHABLE UNDER SECTION 308(2) READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) 2023. 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 No.1 and 2 in Crime No.25/2025 registered by Chikkajala Police Station, Bengaluru for offence punishable under Section 308 (2) read with Section 3 (5) of Bharatiya Nyaya Sanhita (‘BNS’ for short) 2023 are before this Court in this petition filed under Section 482 of Bharatiya Nyaya Suraksha Sanhita (‘BNSS’ for short) 2023 seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.25/2025 was registered by Chikkajala Police against the petitioners herein for the offence punishable - 3 - HC-KAR NC: 2025:KHC:20574 CRL.P No. 5737 of 2025 under Section 308 (2) read with Section 3 (5) of BNS 2023, based on the first information received on dated 01.03.2025 from Ravi K.S S/o Late B.M. Siddaraju. 4. Apprehending arrest the petitioners had filed Crl.Misc.No.15046/2025 before the jurisdictional Sessions Court, which was rejected on 26.03.2025. Therefore, they are before this Court. 5. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the petitioners do not have any criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation. Accused No.3 who is said to be the owner of the TV channel, which had published the obscene photos and videos of the first informant in his facebook has been granted regular bail in the present case. Nothing material has been recovered from accused No.3 who was arrested in the present case. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:20574 CRL.P No. 5737 of 2025 6. Per contra, learned High Court Government Pleader who has opposed the bail application does not the dispute the submission made by learned counsel for the petitioners. 7. In the first information dated 28.02.2025 which is submitted to the police station on 01.03.2025, the first informant has stated that he is working as a Village Assistant at Bettahalasuru and he is a married man. He has also stated that about two years prior to registration of the FIR, he got acquainted with a married lady and thereafter he had developed illicit relationship with her. On 22.02.2025 he had visited her in a house and had slept with her. On 24.02.2025 accused No.1 and 2 allegedly contacted him and informed him that his obscene photos and videos with the lady with whom he had illicit relationship were with them and they demanded a sum of Rs.20,00,000/- from him, failing which they threatened to upload his obscene photos and videos in social media. 8. He has further alleged that subsequently, his obscene photos with the lady was uploaded in the facebook of Samrat TV, owned by accused No.3 and it is in this back ground he had approached the police on 01.03.2025. - 5 - HC-KAR NC: 2025:KHC:20574 CRL.P No. 5737 of 2025 9. During the course of investigation, accused No.3 was arrested in the present case and subsequently he was enlarged on regular bail. 10. It is not in dispute that police have not recovered anything from accused No.3 who allegedly had uploaded obscene photo of the first informant and the lady, in the facebook of his TV channel known as Samrat TV. 11. Undisputedly, the petitioners do not have any criminal antecedents. Allegations against them is that they had forwarded the obscene photos and videos of the first informant to accused No.3. Petitioners have undertaken to cooperate with the police for the purpose of investigation. Maximum punishment for the alleged offence is imprisonment for a period of seven years. 12. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. 13. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:20574 CRL.P No. 5737 of 2025 ORDER (i) The criminal petition is allowed. (ii) 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.25/2025 registered by Chikkajala police station for the offence punishable under Section 308 (2) read with Section 3 (5) of BNS 2023, subject to the following conditions: (a) 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/- with two sureties for the likesum to the satisfaction of the investigating officer. (b) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 7 - HC-KAR NC: 2025:KHC:20574 CRL.P No. 5737 of 2025 (c) 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. (d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE MR List No.: 1 Sl No.: 57