Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27866 CRL.P No. 4306 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4306 OF 2026 BETWEEN:
SRI SHUBHAM PAL S/O KRISHNENDU PAL, AGED ABOUT 26 YEARS, R/O QTR NO. 140/1, KATHPOOL PARA, KALI MANDIR SIMULGRAM, KULTI POST, BARDDHAMAN DISTRICT, WEST BENGAL - 713 343.
(THE ADDRESS OF THE PETITIONER IS AS PER THE AADHAR CARD.)
…PETITIONER (BY SRI. PREREET JAIN B, ADVOCATE)
AND:
STATE OF KARNATAKA BY HULLAHALLI POLICE STATION, (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01)
…RESPONDENT (BY SRI. LAXMAN B, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE OF THE PETITIONER IN THE
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27866 CRL.P No. 4306 of 2026
EVENT OF HIS ARREST IN CR.NO.128/2024 OF HULLAHALLI P.S MYSURU DISTRICT FOR THE OFFENCE P/U/S 419,420 OF IPC AND SEC.66(C),66(D) OF I.T ACT 2008 PENDING ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT NANJANGUD MYSURU DISRICT.
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. The petitioner who is apprehending arrest in Crime No.128/2024 registered by Hullahalli Police Station, Mysuru for the offence punishable under Sections 419 and 420 of IPC and Section 66(C) and 66(D) of the Information Technology Act, is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent - State. 3. FIR in Crime No.128/2024 was registered by Hullahalli Police Station, Mysuru for the aforesaid offences against unknown persons using mobile phone No.8106306804 on the basis of the first information dated 7.6.2024 received from one Basavaraju S/o. late Muddappa. Since the petitioner had received phone call from the Investigating Officer in the present
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HC-KAR NC: 2026:KHC:27866 CRL.P No. 4306 of 2026
case apprehending arrest, he had approached the jurisdictional Sessions Court in Crl.Misc.No.325/2026 which was dismissed on 26.02.2026. It is under these circumstances, he is before this Court. 4. Learned counsel for the petitioner submits that mobile phone which is referred in the first information does not belong to the petitioner. No amount has been transferred to the petitioner's bank account from the bank account of the first informant. Petitioner is aged 26 years, he has no criminal antecedents and he hails from West Bengal. He is ready and willing to co-operate with the police for the purpose of investigation. 5. Per contra, learned HCGP., submits that the allegations made in the first information is about Cyber Crime. Investigation of the case is in progress. He also submits that he has not received any instruction from the investigating officer in the present case and therefore, he is not in a position to say whether any amount has been transferred to the bank account of the petitioner and whether the mobile number mentioned in the first information belongs to the petitioner. - 4 -
HC-KAR NC: 2026:KHC:27866 CRL.P No. 4306 of 2026
6. FIR in the present case was registered on 07.06.2024 against the unknown person who was using mobile phone number 8106306804. This criminal petition is filed on 13.03.2026 and learned HCGP was directed to take notice on behalf of the respondent on 18.03.2026. Till date, learned HCGP has not filed any statement of objection to the petition.
On the other hand, he submits that he has not received any instructions from the Investigating Officer in the present case. Similar statement was made on 04.06.2026 and this Court on the said date had granted a week's time on the request of learned HCGP to get instructions in the matter. In spite of the same, learned HCGP., submits that he has not received any instructions in the present case. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. 7. Submission made by the learned counsel for the petitioner that he has no criminal antecedent, no amount is transferred to his bank account from the bank account of first informat and he is in no way connected to the mobile phone number mentioned
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HC-KAR NC: 2026:KHC:27866 CRL.P No. 4306 of 2026
in the first information, is not seriously disputed by the learned HCGP. 8. Learned counsel for the petitioner has submitted that the petitioner is ready and wiling to cooperate with the police for the purpose of investigation. Though FIR is registered in the present case on 07.06.2024, it appears there is no much progress in the investigation. 9. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:
ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.128/2024 registered by Hullahalli police station for the offences punishable under Sections under Sections 419 and 420 of IPC and Section 66(C) and 66(D) of the Information Technology Act subject to the following conditions:
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HC-KAR NC: 2026:KHC:27866 CRL.P No. 4306 of 2026
i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. ii. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. Petitioner shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future.
SD/- (S VISHWAJITH SHETTY) JUDGE
BS/11.06.2026 List No.: 1 Sl No.: 49