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2026 DAILYLAW 41562 (KAR)

SAINUL ABID V P v. STATE OF KARNATAKA

CRL.P/13835/2026 · 2026-09-21

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010619852026 NC: 2026:KHC:51877 CRL.P No. 13835 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13835 OF 2026 BETWEEN: SAINUL ABID V.P AGED ABOUT 33 YEARS S/O HAMSA KOYA R/AT VALAPRAMBIL HOUSE MAMPATTA POOKKOTTUMPADAM, AMARAMBALAM P.O POOKKOTTUMPADAM DISTRICT MALLAPURAM, KERALA - 569 332. …PETITIONER (BY SRI VISHWAS, ADV.) AND: STATE OF KARNATAKA BY SHO CYBER CEN CRIME POLICE STATION BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.65/2025 OF CYBER CEN P.S. BENGALURU CITY REGISTERED FOR THE OFFENCE P/U/S 66,72,66- C,66(D) OF I.T ACT 2000 AND SEC.42(c) OF TELE COMMUNICATION ACT 2023 AND SJEC.20 OF THE INDIAN TELEGRAPH ACT 1985 AND ALSO UNDER SEC.340,318(4),61(2),319(2) OF BNS PENDING ON THE FILE OF THE 45TH A.C.J.M BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010619852026 NC: 2026:KHC:51877 CRL.P No. 13835 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 is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail in Crime No.65/2025 registered Cyber Crime Police Station, Bengaluru City, for the offences punishable under Sections 66, 72, 66(C), 66(D) of Information Technology Act, 2000, Section 42(2) of Telecommunications Act, 2023, Section 20 of Indian Telegraph Act, and Sections 340, 318(4), 61(2), 319(2) of BNS, 2023. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.65/2025 was registered by Cyber Crime Police Station, Bengaluru City, for the aforesaid offences against unknown persons based on the first information dated 28.11.2025 received from Yogesh Kumar.G., authorized representative of company known as Vodafone Idea Ltd. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.6466/2026 before the jurisdictional Sessions Court, - 3 - HC-KAR CNR: KAHC010619852026 NC: 2026:KHC:51877 CRL.P No. 13835 of 2026 which was rejected on 10.07.2026. Therefore, he is before this Court. 4. In the typed first information dated 28.11.2025, it is stated that the first informant suspected commission of the aforesaid offences since, it was found that an illegal SIM box setup was used. The first informant on receipt of information that in Phase-2, Electronic City, Bengaluru, an illegal SIM box setup box was used for the purpose of committing cyber crime fraud, visited the said place and on analysis found that SIM cards belonging to Vodafone Idea Ltd., were misused in SIM box devices for making fraudulent calls. 5. During the course of investigation, accused no.2 was arrested in the present case and records made available to this Court would go to show that the jurisdictional Magistrate has granted regular bail to accused no.2. Only based on suspicion, first information was registered in the present case. Though accused no.2 was arrested in the present case, no incriminating material has been collected by the Investigation Officer till date. The maximum punishment for the alleged offences is - 4 - HC-KAR CNR: KAHC010619852026 NC: 2026:KHC:51877 CRL.P No. 13835 of 2026 imprisonment for a period of seven years. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 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.65/2025 registered Cyber Crime Police Station, Bengaluru City, for the offences punishable under Sections 66, 72, 66(C), 66(D) of the Information Technology Act, 2000, Section 42(2) of the Telecommunications Act, 2023, Section 20 of Indian Telegraph Act, and Sections 340, 318(4), 61(2), 319(2) of BNS, 2023, subject to the following conditions: 1. Petitioner shall appear before the Investigation Officer on 07.10.2026 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, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner executing a - 5 - HC-KAR CNR: KAHC010619852026 NC: 2026:KHC:51877 CRL.P No. 13835 of 2026 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. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK