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High Court of Karnataka · body

2025 DAILYLAW 81458 (KAR)

SRI GANGARAJU H G v. STATE BY

CRL.P/13418/2025 · 2025-11-12

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46143 CRL.P No. 13418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13418 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. GANGARAJU H G S/O GANGADHARIAH, AGED ABOUT 21YEARS, R/AT NO.74, KANIMINIKE COLONY, KANIMINKE, KUMBALAGODU, BENGALURU SOUTH, BENGALURU – 560 060 …PETITIONER (BY SRI. G.M.SHARATHKUMAR, ADVOCATE FOR SRI. JAGADEESH H T., ADVOCATE) AND: STATE BY CYBER CRIME POLICE STATION, BENGALURU - 01 REP BY S.P.P. HIGH COURT OF KARNATAKA AT BENGALURU – 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE ON ANTICIPATORY BAIL IN RELATION TO THE CR.NO.30/2025 CYBER CRIME POLICE STATION IN RELATION TO THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 67, 66(C) OF I.T ACT AND SECTIONS 351(2), 351(3), 352, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46143 CRL.P No. 13418 of 2025 75(1), (IV), 79 OF BNS 2023 AND ON THE FILE OF THE 45TH A.C.J.M COURT, BENGALURU CITY. 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 the petitioner –accused No. 5 under Section 482 of BNS praying to grant anticipatory bail in Crime No.30/2025 of Cyber Crime Police Station, Bengalruru City registered for offences punishable under Sections 67, 66(c) of Information Technology Act and Sections 351(2), 351(3), 352, 75(1)(iv) and 79 of BNS. 2. Heard learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that accused Nos. 1 to 3, 6, 7 and 11 have been granted bail by this Court. This petitioner is similarly placed to that of said accused, who have been granted bail. The allegation against this petitioner and other accused is that they sent a message to the complainant - 3 - HC-KAR NC: 2025:KHC:46143 CRL.P No. 13418 of 2025 containing vulgar language through Instagram account standing in their name. The petitioner is ready to co- operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. With this, he prays allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the investigation is in progress and petitioner is required for custodial interrogation. With this, she prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on the record. 6. The accusation against the petitioner is that he sent message to the first informant containing vulgar language, threat etc., by using the Instagram account standing in his name. The accused Nos.1 to 3 6, 7 and 11 who are also having same allegations have been granted bail by this Court. Considering the said aspect, the - 4 - HC-KAR NC: 2025:KHC:46143 CRL.P No. 13418 of 2025 petitioner is entitled for grant of anticipatory bail on the ground of parity. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is not having any antecedents. Considering the above aspect, the petitioner is entitled for grant of anticipatory bail with the conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.5 is ordered to be released on bail in the event of his arrest in Crime No.30/2025 of Cyber Crime Police Station, Bengalruru City registered for offences punishable under Sections 67, 66(c) of Information Technology Act and Sections 351(2), 351(3), 352, 75(1)(iv) and 79 of BNS subject to following conditions; a) The petitioner –accused No.5 shall voluntarily appear before the Investigating Officer within - 5 - HC-KAR NC: 2025:KHC:46143 CRL.P No. 13418 of 2025 15 days from this day and execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.5 shall co-operate with the police in the investigation. c) The petitioner –accused No.5 shall not threaten the first informant or any other prosecution witnesses. d) The petitioner –accused No.5 shall appear before jurisdiction Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 18