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2025 DAILYLAW 39156 (KAR)

SUJAN SHETTY v. STATE OF KARNATAKA

CRL.P/13366/2025 · 2025-10-25

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42318 CRL.P No. 13366 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13366 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SUJAN SHETTY S/O UDAY SHETTY AGED ABOUT 24 YEARS R/AT No.135, VAMURU BELVE KUNDAPUR TALUK, HENAGAVALLI UDUPI. …PETITIONER (BY SRI YOGESH G, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CYBER CRIME POLICE STATION BENGALURU. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME No.30/2025 OF RESPONDENT CYBER CRIME POLICE STATION, BENGALURU REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 67, 66(c) OF IT ACT, SECTIONS 351(2),351(3),352,75(1)(iv),79 OF BNS 2023 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42318 CRL.P No. 13366 of 2025 PENDING ON THE FILE OF THE LEARNED IN THE COURT OF THE 45th ACJM BENGALURU AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 9 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) seeking grant of bail in crime No. 30/2025 of Cyber Crime Police Station, Bengaluru registered for offences punishable under Sections 67 and 66(C) of Information Technology Act, 2000 and Sections 351(2), 351(3), 352, 75(1)(iv), 79 of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’). 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that accused Nos. 1 to 4, 6, 7, 10 and 11 have been granted bail by this Court and present petitioner - accused - 3 - HC-KAR NC: 2025:KHC:42318 CRL.P No. 13366 of 2025 No. 9 is also placed similar to that of those accused who have been granted bail and therefore he is entitled for grant of bail on the ground of parity. Petitioner is a student and he is in custody since last 2 months and therefore he is not required for further custodial interrogation. With this he prayed to allow the petition. 4. Per contra learned HCGP would contend that investigation is in progress and if the petitioner is granted bail he will hamper the investigation and tamper the prosecution witnesses. With this she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties this Court has perused the FIR, complaint and other materials placed on record. 6. Petitioner is having Instagram account in his name. It is alleged that he sent message to the first informant containing vulgar language by using the account standing in his name. Offences alleged against the petitioner under Sections 351(2), 351(3), 352, 75(1)(iv), - 4 - HC-KAR NC: 2025:KHC:42318 CRL.P No. 13366 of 2025 79 of BNS and Sections 67 and 66(C) of Information Technology Act are bailable and offence under Section 75(1)(iv) of BNS is non-bailable and it is punishable with imprisonment for one year. Similarly placed accused Nos. 1 to 4, 6, 7, 10 and 11 have been granted bail by this Court by orders dated 08.10.2025 and 16.10.2025. Therefore petitioner - accused No. 9 is also entitled for grant of bail on the ground of parity. Petitioner has undertaken to cooperate with the Police in the investigation and abide by terms and conditions to be imposed by this Court. Petitioner - accused No. 9 has made out case for grant of bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in crime 30/2025 of Cyber Crime Police Station, Bengaluru subject to following conditions. - 5 - HC-KAR NC: 2025:KHC:42318 CRL.P No. 13366 of 2025 I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. II. Petitioner shall not threaten the first informant and other prosecution witnesses. III. Petitioner shall cooperate with the Investigating Officer in the investigation if it is not yet completed. IV. Petitioner shall appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case registered against him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 18 Ct.sm