Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 29796 (KAR)

SRI VELAN A v. THE STATE OF KARNATAKA BY

CRL.P/8735/2025 · 2025-07-09

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25016 CRL.P No. 8735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8735 OF 2025 BETWEEN: SRI VELAN A S/O SRI ARMUGAM AGED ABOUT 46 YEARS R/AT NO.1164, 4TH MAIN ROAD 12TH CROSS, MC LAYOUT VIJAYANAGAR, BENGALURU - 560 040. …PETITIONER (BY SRI SUNIL KUMAR B.N, ADV.) AND: THE STATE OF KARNATAKA BY K.G. HALLI POLICE STATION BENGALURU CITY, REP. BY S.P.P. HIGH COURT BUILDING COMPLEX AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER DIRECTING THE INVESTIGATING OFFICER IN CR.NO.3595/2025 OF THE RESPONDENT POLICE, KADUGONDANAHALLI P.S. BENGALURU FILED FOR THE ALLEGED OFFENCES P/U/S 63,51 OF THE COPY RIGHT ACT PENDING ON THE FILE OF THE 9TH ADDL.C.M.M COURT AT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25016 CRL.P No. 8735 of 2025 BENGALURU TO RELEASE THE PETITIONER FORTHWITH IN THE EVENT OF HIS ARREST IN THE ABOVE CRIME. 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 No.1 in Crime No.325/2024 registered by Kadugondana Halli Police Station, Benglauru City, for the offences punishable under Sections 63 and 51 of the Copyright Act, 1957, is 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.325/2024 was registered by Kadugondana Halli Police Station, Benglauru City, for the aforesaid offences based on the first information dated 26.06.2024 received from Shrinivas S/o Chinnappa. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3595/2025 before the jurisdictional Sessions Court which was rejected on 13.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:25016 CRL.P No. 8735 of 2025 4. Learned HCGP fairly submits that petitioner has cooperated with the police for the purpose of investigation and his statement was recorded by the police on 11.04.2025. 5. The Hon’ble Supreme Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others - (2011) 1 SCC 694, has observed that in the event, it is found that accused has cooperated with the police for the purpose of investigation, in normal circumstances, his prayer for anticipatory bail needs to be entertained. Even otherwise, the maximum punishment for the alleged offences is imprisonment for a period of three years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 6. 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.325/2024 registered by Kadugondana Halli Police Station, Benglauru City, - 4 - HC-KAR NC: 2025:KHC:25016 CRL.P No. 8735 of 2025 for the offences punishable under Sections 63 and 51 of the Copyright Act, 1957, 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. 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 witnesses 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 DN