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2026 DAILYLAW 36222 (KAR)

MR. RAFAN AHAMAD SHEIK (AS PER AADHAR CARD), v. STATE OF KARNATAKA

CRL.P/10744/2026 · 2026-08-20

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010495722026 NC: 2026:KHC:45085 CRL.P No. 10744 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10744 OF 2026 BETWEEN: MR. RAFAN AHAMAD SHEIK (AS PER AADHAR CARD) S/O SHEIK RIZWAN AHAMAD AGED ABOUT 21 YCARS R/AT NO. 4-34, MADOOR OPP. MADOOR MASJID, KOTEKAR POST ULLALA TALUK, DAKSHINA KANNADA DISTRICT, MANGALURU CITY - 575022. …PETITIONER (BY SRI ARUNA BANGERA, ADV.) AND: STATE OF KARNATAKA BY CEN CRIME POLICE STATION MANGALURU CITY REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL DIRECTING THE RESPONDENT CEN CRIME POLICE STATION MANGALURU CITY TO RELEASE THE PETITIONER/ACCUSED FORTH WITH ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.15/2026 OF CYBER CRIME POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/US/ 67,67(B) OF IT ACT 2008, PENDING ON THE FILE OF THE JMFC VII COURT, D.K., MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010495722026 NC: 2026:KHC:45085 CRL.P No. 10744 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.15 of 2026 registered by CEN Crime Police Station, Mangaluru City, Dakshina Kannada District for offences punishable under Sections 67 & 67(B) of 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.15 of 2026 was registered by CEN Crime Police Station, Mangaluru City, Dakshina Kannada District for the aforesaid offences against unknown persons, based on the first information dated 21.05.2056, received from Sri Naveen Kumar K, police officer attacked CEN Crime Police Station. After the petitioner had received a enquiry notice in the aforesaid case, he had approached the jurisdictional Sessions Court in Crl.Misc.No.571 of 2026, which was rejected on 10.07.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010495722026 NC: 2026:KHC:45085 CRL.P No. 10744 of 2026 4. Learned counsel for the petitioner submits that petitioner is a student pursuing 7th Semester B.E degree in P.A. College of Engineering at Mangaluru. In the first information, it is alleged that, during the course of scrutiny of NCRP portal, the first informant found that certain pornograph pictures and videos of minor children were uploaded using mobile phone number 8150992359 and 9902849280. During the course of investigation, since it was found that the petitioner was connected to the aforesaid mobile phone numbers, enquiry notice was issued to him. Maximum punishment for the alleged offences is imprisonment for a period of five years. The petitioner who has no criminal antecedents has undertaken to cooperate with police for the purpose of investigation. 5. Considering the nature of allegations found in the first information and punishment provided for the alleged offences, I am of the opinion that the prayer made by the petitioner, who is a student needs to be answered affirmatively. Accordingly, the following: - 4 - HC-KAR CNR: KAHC010495722026 NC: 2026:KHC:45085 CRL.P No. 10744 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) 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.15 of 2026 registered by CEN Crime Police Station, Mangaluru City, Dakshina Kannada District for offences punishable under Sections 67 & 67(B) of Information Technology Act, 2000, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on 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/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with - 5 - HC-KAR CNR: KAHC010495722026 NC: 2026:KHC:45085 CRL.P No. 10744 of 2026 the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 81