- 1 - HC-KAR NC: 2025:KHC:25723 CRL.P No. 9619 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9619 OF 2025 BETWEEN: 1. SHAIK NOUSHAD AHAMMED S/O S MOHIADDEN SAHEB AGED ABOUT 46 YEARS R/AT 26/4, 9TH MAIN 12TH CROSS, SONAPPA BLOCK 3RD STAGE, PILLANNA GARDEN BENGALURU, KARNATAKA - 560 084. 2. AZEEZ MOHAMMED MUSTAFA S/O R.A. JANAB AGED ABOUT 28 YEARS R/AT 20/2 J.S. RESIDENCE HARRIS ROAD, BENSON TOWN BENGALURU, KARNATAKA - 560 046. 3. MUDASIR HUSSAIN S/O NASIR HUSSAIN AGED ABOUT 29 YEARS R/AT 17, 3RD CROSS MASJID STREET, J.C. NAGAR BENGALURU, KARNATAKA - 560 006. …PETITIONERS (BY SRI NANDEESH, ADV.) AND: 1. STATE OF KARNATAKA REPRESENTED BY J.C.NAGAR P.S. REPRESENTED THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 002. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25723 CRL.P No. 9619 of 2025 2. STATE OF PUNJAB REPRESENTED BY CYBER CRIME P.S. SAS NAGAR, MOHALI - 160 071 PUNJAB. 3. KORAMANGALA P.S REP. THROUGH STATE P.P HIGH COURT OF KARNATAKA. …RESPONDENTS (BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENTS POLICE TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH FIR NO.30 OF 2025 REGISTERED U/S 66 OF INFORMATION TECHNOLOGY (AMENDMENT) ACT 2008, 61(2), 127(7), 318(4), 308(2) OF THE BNS 2023, BEFORE RESPONDENT NO.2 CYBER CRIME PS SAS NAGAR PUNJAB AND PENDING CR NO.30/2025 BEFORE LEARNED JMC-I AT SAS NAGAR PUNJAB. 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 to 3 in Crime No.30/2025 registered by Cyber Crime Police Station, SAS Nagar, for the offences punishable under Sections 308(2), 318(4), 127(7) and 61(2) of BNS, 2023 and Section 66 of the Information Technology (Amendment) Act, 2008, are before this Court seeking transit anticipatory bail under Section 482 of BNSS, 2023. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:25723 CRL.P No. 9619 of 2025 3. Learned counsel for the petitioners submits that petitioners, who were arrested in the present case at Bengaluru were produced before the jurisdictional Magistrate but they were directed to be released since arrest notice was not served on them. Learned Magistrate had therefore, refused to issue transit warrant to the police. He submits that petitioners intend to apply for anticipatory bail before the jurisdictional Court at Punjab and therefore, they need some protection so as to enable them to file necessary application seeking anticipatory bail before the jurisdictional Sessions Court at Punjab. 4. Per contra, learned Addl. APP on instructions submits that petitioners have already approached the jurisdictional Sessions Court at SAS Nagar, in Punjab and have filed bail application No.2292/2025 seeking anticipatory bail and the said petition was listed before the Court yesterday. She submits that therefore, petitioners are not entitled for the relief sought for in the petition. 5. Though learned counsel for the petitioners has submitted that petitioners are seeking transit anticipatory bail in the present case so as to enable them to file necessary application - 4 - HC-KAR NC: 2025:KHC:25723 CRL.P No. 9619 of 2025 before the jurisdictional Sessions Court at Punjab, such an averment is not found in the petition. On the other hand, in the petition, it is contended that petitioners were arrested without compliance of Section 47 of BNS, 2023 and therefore, transit warrant was not issued to the police by the jurisdictional Magistrate. Petitioners, who are now released are likely to be arrested and therefore, prayer is made to enlarge the petitioners in the event of their arrest in Crime No.30/2025 registered by Cyber Crime Police Station, SAS Nagar, Punjab. 6. Be that as it may, learned Addl. SPP on instructions has submitted that petitioners have already approached the jurisdictional Sessions Court at Punjab and have filed anticipatory bail application before the jurisdictional Sessions in bail application No.2292/2025 and the said case was listed before the Court yesterday. The said submission is not seriously disputed by learned counsel for the petitioners. If that is so, petitioners are not entitled for the relief of transit anticipatory bail. If they have any apprehension of arrest, it is for them to file necessary application in the pending bail application before the jurisdictional Sessions Court seeking - 5 - HC-KAR NC: 2025:KHC:25723 CRL.P No. 9619 of 2025 necessary interim relief. Under the circumstances, I am of the opinion that this petition cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN