- 1 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9776 OF 2025 BETWEEN: SRI. GOURAV PATHAK S/O SRI. VIDYA SAGAR PATHAK, AGED ABOUT 32 YEARS, RESIDING AT 66/D/23, GURU GRADEN ROAD, SERAMPORE, PRAVASNAGAR, SERAMPUR UTTARPARA, HOOGHLY, WEST BENGAL-712 249. PRESENTLY RESIDING AT: SRI. GOURAV PATHAK S/O SRI. VIDYA SAGAR PATHAK, AGED ABOUT 32 YEARS, NCC URBAN IVORY HEIGHTS, B. NARAYANAPURA, C. SERVICE ROAD, OUTER RING ROAD, MAHADEVAPURA, BENGALURU-560 016. …PETITIONER (BY SRI. B.J. KRISHNA, ADVOCATE) AND: 1. THE STATE OF UTTAR PRADESH BY STATION IN-CHARGE / STATION HOUSE OFFICER, INDIRAPURAM POLICE STATION, GHAZIABAD DISTRICT, GHAZIABAD-201 001, UTTAR PRADESH. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 2. THE ASSISTANT COMMISSIONER OF POLICE INDIRAPURAM, COMMISSIONERATE GHAZIABAD, GHAZIABAD DISTRICT, GHAZIABAD-201 001, UTTAR PRADESH. 3. STATE OF KARNATAKA BY STATION HOUSE OFFICER, MAHADEVAPURA POLICE STATION, MAHADEVAPURA, BENGALURU CITY-560 048. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENTS (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY TRANSIT BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.676/2025, FOR THE OFFENCE PUNISHABLE UNDER SECTION 69 OF BNS, 2023, SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 AND SECTION 67A OF I.T. ACT, 2018, WHICH IS PENDING BEFORE THE 21ST C.J.M., GHAZIABAD DISTRICT COURT COMPLEX, GHAZIABAD, UTTAR PRADESH, CRIME REGISTERED BY THE INDIRAPURAM POLICE, INDIRAPURAM, GHAZIABAD DISTRICT, UTTAR PREDESH AND PLEASED TO DIRECT THE RESPONDENT NO.1, STATION IN-CHARGE / STATION HOUSE OFFICER, INDIRAPURAM POLICE STATION, INDIRAPURAM, GHAZIABAD, UTTAR PRADESH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Apprehending his arrest in a case registered in Crime No.676/2025 of Indirapuram Police Station, Indirapuram, Ghaziabad District, Uttar Pradesh, the petitioner has preferred this petition seeking Transit Anticipatory Bail. 2. The aforementioned crime is registered for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961, Section 69 of BNS, 2023 and Section 67a of the Information Technology (Amendment) Act 2008. 3. The complainant allegations are, that the complainant is a resident of Indirapuram, Ghaziabad District, UP, residing with her parents. She came in contact with the petitioner through a matrimonial website and, after exchanging messages for about a month, met him in person. It is alleged that the petitioner attempted to establish physical relationship with her and stayed with - 4 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 her for seven days during diwali. Subsequently, on the pretext of marriage, the petitioner got engaged to her and in that guise had physical relations. It is further alleged that, petitioner sent her obscene photos and videos of himself, pressurized her to send the same, obtained expensive items from her , demanded 50 lakhs as dowry and 15 lakhs for the event manager and thereafter, blocked her phone number etc. 4. Learned counsel for the petitioner, drawing the attention of the Court to the complaint lodged by the petitioner at Mahadevapura Police Station, Bengaluru, contended that, the said complaint was lodged by the petitioner on 06.06.2025 stating that after the engagement was cancelled, the petitioner was being subjected to mental harassment by the complainant and she has blackmailed him etc. He has also drawn the attention of the Court to the PCR filed by the petitioner against the complainant herein before the 29th Additional - 5 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 Chief Judicial Magistrate (Mayo Hall) Bengaluru, a copy of which is furnished along with a memo. 5. It is submitted that, the petitioner is presently residing in Bengaluru working as a Software Development Engineer in Amazon Development Centre (India) Private Limited, Bengaluru. Case is registered against him at Indirapuram Police, Ghaziabad District, Uttarpradesh. 6. In Priya indoria v. State of Karnataka and others etc., reported in 2024(1) Kar. L.R. SN 4(SC), the relevant para is extracted here under:- "We say so for the reason that an accused is presumed to be innocent until proven guilty beyond reasonable doubt and in accordance with law. In the circumstances, we hold that the Court of Session or the High Court, as the case may be, can exercise jurisdiction and entertain a plea for limited anticipatory bail even if the FIR has not been filed within its territorial jurisdiction and depending upon the facts and circumstances of the case. if the accused apprehending arrest makes out a case for grant of anticipatory bail but having regard to the fact that the FIR has not been registered within the - 6 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 territorial jurisdiction of the High Court or Court of Session, as the case may, at the least consider the case of the accused for grant of transit anticipatory bail which is an interim protection of limited duration till such accused approaches the competent Sessions Court or the High Court, as the case may be, for seeking full-fledged anticipatory bail. Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of the Constitution of India and since we have extended the concept of access to justice to such a situation and bearing in mind Article 14 thereof it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail. Otherwise, in a deserving case, there is likelihood of denial of personal liberty as well as access to justice for, by the time the person concerned approaches the Court of competent jurisdiction to seek anticipatory bail. It may well be too late as he may be arrested. Needless to say, the Court granting transit anticipatory bail would obviously examine the degree and seriousness of the apprehension expressed by the person who seeks transit anticipatory bail: while the object underlying exercise of such jurisdiction is to thwart arbitrary - 7 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 police action and to protect personal liberty besides providing immediate access to justice though within a limited conspectus." 7. The Hon'ble Apex Court in Siddharth v. State of U.P. reported in 2022(1) SCC 676 has held that personal liberty is an important aspect of constitutional mandate and the occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is heinous crime or there is a possibility of influencing the witnesses or chances of accused absconding. If arrest is made routine, it can cause incalculable harm to the reputation and self esteem of a person. 8. Considering the above facts and circumstances, Transit Anticipatory Bail can be granted to the petitioner for a limited period, without expressing any view on the merits of the case, so as to enable him to approach the jurisdictional Court for the relief. Hence, the following : - 8 - HC-KAR NC: 2025:KHC:31400 CRL.P No. 9776 of 2025 ORDER 1) Petition is allowed; 2) Petitioner, accused in Crime No.676/2025 of Indirapuram Police Station, Indirapuram, Ghaziabad District, Uttar Pradesh, shall be released, in the event of his arrest subject to following condition : Petitioner shall execute a personal bond in a sum of Rs.1,00,000/-. 3) This order granting Transit Anticipatory Bail shall be in force for a period of 20 days from today. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 44