Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47416 CRL.P No. 14216 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14216 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
SRI ABHISHEK M S/O MADESHA AGED ABOUT 19 YEARS R/AT: NANJEDEVANAPURA, CHAMARAJANAGAR-TALUK CHAMARAJNAGAR DISTRICT-571 128. …PETITIONER
(BY SMT. SUMA HIREBIDARI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY CYBER CRIME PS.
REP. STATE BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU.
2.
DIVYA SPANDANA @ RAMYA D/O RANJITHA AGED ABOUT 42 YEARS R/AT No.102, BRIGADE.
ODYSSESY CONVENT ROAD RICHMOND TOWN BENGALURU – 560 025. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1 V/O DTD. 18.11.2025 NOTICE TO R2 SERVED ON COUNSEL FOR R2)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47416 CRL.P No. 14216 of 2025
THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE ACCUSED/PETITIONER ON REGULAR BAIL IN CR.No.30/2025 IN S.C. No.1373/2025 PENDING ON THE FILE OF THE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 67, 66(c) OF IT ACT, 2000 AND SEC.351(2),351(3),352,75(10)(iv),79 OF BNS 2023 OF CYBER CRIME P.S.,
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.12 under Section 483 of BNSS praying to grant bail in S.C.No.1373/2025 (arising out of Crime No.30/2025 of Cyber Crime Police Station) pending on the file of XLV Additional City Civil and Sessions Judge, Bengalore City, registered for offences under Section 67, 66(c) of Information Technology Act, 2000 and Sections 351(2), 351(3), 352, 75(1)(iv), 79 of BNS.
2. Heard learned counsel for petitioner and learned HCGP for respondent No.1/State. The notice issued to
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HC-KAR NC: 2025:KHC:47416 CRL.P No. 14216 of 2025
respondent No.2 has been served on the counsel for respondent No. 2.
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 the present petitioner/accused No.12 is similarly placed to that of accused persons who are already granted bail. Therefore, the petitioner is entitled for grant of bail on the ground of parity. She further submits that the petitioner is in judicial custody since 24.08.2025 and as the charge sheet is filed the petitioner is not required for custodial interrogation. With this she prayed to allow the petition.
4. Per contra, learned HCGP would contend that the investigation is over and charge sheet has been filed. The accusation against this petitioner is that he sent vulgar messages to the first informant through Instagram account standing in his name. If the petitioner is granted bail, there are chances of again repeating the similar offence. With this, he prayed for dismissal of the petition.
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HC-KAR NC: 2025:KHC:47416 CRL.P No. 14216 of 2025
5. Having heard the learned counsels, the Court has perused FIR, complaint, charge sheet and other materials placed on record.
6. Petitioner is having Instagram account in his name. It is alleged that he sent messages to the first informant containing vulgar language by using account standing in his name. Accused Nos.1 to 4, 6, 10 and 11 who are similarly placed to that of this petitioner have been granted bail by this Court. Therefore, the petitioner/accused No.12 is also entitled for grant of bail on the ground of parity. The petitioner is not having any criminal antecedents.
7. Considering the above aspects the petitioner has made out a case for grant of bail with conditions. In the result, the following:
ORDER
The petition is allowed. The petitioner is granted bail in S.C.No.1373/2025 (Crime No.30/2025 of Cyber Crime
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HC-KAR NC: 2025:KHC:47416 CRL.P No. 14216 of 2025
P.S. Bengaluru City) pending on the file of LXV Additional City Civil and Sessions Judge, Bengaluru, subject to following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the trial Court. (ii) The petitioner shall not threaten the first informant and other prosecution witnesses. (iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 16 Ct.sm