- 1 - HC-KAR NC: 2026:KHC:33058 CRL.P No. 7405 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7405 OF 2026 BETWEEN: SRI PURATCHIVENDAN S/O KUMARAN AGED ABOUT 30 YEARS RESIDING AT SAKKILAPATTY VILLAGE, KONGAVEMBU POST HARUR TALUK, DHARMAPURI DISTRICT TAMIL NADU - 636 902. …PETITIONER (BY SRI RAMESH M.C, ADV.) AND: STATE OF KARNATAKA BY SURATHKAL P.S REP. BY STATE PUBLIC PROSECUTOR STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 009. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS CRIMINAL MISCELLANEOUS PETITION.SET ASIDE THE IMPUGNED ORDER DATED 17.11.2025 PASSED BY THE LEARNED VI ADDL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.MISC.NO.1016/2025 (ANNEXURE A). DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.34/2025 OF SURATHAKAL POLICE STATION PENDING ON THE FILE OF LEARNED JMFC II COURT, MANGALURU FOR OFFENCE P/US/ 78,294 OF BNS 2023 AND SEC.67 OF INFORMATION TECHNOLOGY ACT 2000. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33058 CRL.P No. 7405 of 2026 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. Petitioner, who is apprehending arrest in Crime No.34/2025 registered by Surathkal Police Station, Mangaluru District, for the offences punishable under Sections 78 and 294 of BNS, 2023 and Section 67 of the Information Technology Act, 2000, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.34/2025 was registered by Surathkal Police Station, Mangaluru District, for the aforesaid offences against one Vishwanatha, based on the first information dated 31.03.2025 received from the victim lady, aged about 45 years. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.1016/2025 before the jurisdictional Sessions Court, which was rejected on 17.11.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:33058 CRL.P No. 7405 of 2026 4. In the first information submitted by the victim lady, she has stated that she is working in MRPL Company at Mangaluru and on 19.11.2024, she received obscene messages on her mobile phone. On enquiry, she was informed that her phone number was found in the public toilet near the bus stand at Krishnagiri and therefore, they had sent such messages. She has further stated that on 30.03.2025, she had received obscene messages on her email address and false allegations were made touching her character. It is under these circumstances, she had approached the police and since email address from which she had received obscene messages was in the name of one Vishwanath, FIR was registered as against him. 5. It appears that during the course of investigation, enquiry notice was issued to the petitioner, who was earlier serving in MRPL company and was dismissed by the Company. Learned counsel for the petitioner has submitted that only on suspicion, he is now summoned for enquiry. Petitioner has no criminal antecedents and he is ready and willing to cooperate with the police for the purpose of investigation. The alleged offences are - 4 - HC-KAR NC: 2026:KHC:33058 CRL.P No. 7405 of 2026 triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail requires to be granted, reserving liberty to the Investigation Officer to seek his custody before the Trial Court in the event it becomes necessary. Accordingly, the following order:- 6. 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.34/2025 registered by Surathkal Police Station, Mangaluru District, for the offences punishable under Sections 78 and 294 of BNS, 2023 and Section 67 of the Information Technology Act, 2000, subject to the following conditions: a) Petitioner shall appear before the Investigation Officer on 15.07.2026 at 10.30 a.m. and on the said date, the Investigation Officer shall be at liberty to take him into custody if necessary for the purpose of interrogation. However, it is made clear that after interrogation, - 5 - HC-KAR NC: 2026:KHC:33058 CRL.P No. 7405 of 2026 Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer; b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; c) 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; d) Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE List No.: 1 Sl No.: 65