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2026 DAILYLAW 42234 (KAR)

FRANGLI ECCLES S v. THE STATE OF KARNATAKA

CRL.P/12082/2026 · 2026-09-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010547132026 NC: 2026:KHC:51498 CRL.P No. 12082 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12082 OF 2026 BETWEEN: 1. FRANGLI ECCLES S S/O. SENTHIL KUMAR.V AGED ABOUT 31 YEARS, R/A. NO.7/3, 2ND STREET, GANDHINAGAR, OIL PALLAVARAM PO, OLD PALLAVARAM, CHENNAI, TAMILNADU – 600 117. 2. RAJU S S/O. SEKAR, AGED ABOUT 34 YEARS, R/A. NO.52, 1ST MAIN ROAD, GANGAMMA NAGAR, ASHINAPURAM, CHROMEPETE, KANCHEEPURAM, CHENNAI, TAMILNADU - 600 044. …PETITIONERS (BY SRI. SEETHARAMU S.P.,ADVOCATE) AND: THE STATE OF KARNATAKA BY CID CYBER CRIME POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SRI. RAHUL RAI.K, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010547132026 NC: 2026:KHC:51498 CRL.P No. 12082 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF REGULAR BAIL IN RESPECT OF CR.NO.35/2025 OF CID CYBER CRIME P.S. DATED 14.07.2025 REGISTERED FOR THE OFFENCE P/U/S 66(C) AND 66(D) OF I.T ACT 2008 AND SEC.112 AND 318(4) R/W 3(5) OF BNS 2023 WHEREIN THE PETITIONER NO.1 AND 2 ARE ARRAIGNED AS ACCUSED NO.1 AND 2 WHICH IS PRESENTLY PENDING BEFORE THE 1ST ADDL. C.J.M AT BENGALURU (VIDE ANNEXURE-A AND B TO THE PETITION THE LI ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY HAS REJECTED THE BAIL PETITION ON 03.08.2026 IN CRL.MISC.NO.7562/202. 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. Accused nos.1 & 2 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail in Crime No.35 of 2025 registered by Mangaluru City CEN Crime Police Station, Dakshina Kannada District for Offences of Punishable Under Sections 66(C) &66(D) of the Information Technology Act, 2000 and Sections 112, 318(4) r/w Section 3(5) of BNS, 2023. 2. Heard the learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010547132026 NC: 2026:KHC:51498 CRL.P No. 12082 of 2026 3. Learned counsel for the petitioners has filed an application under Section 187(3) of BNSS, 2023 with a prayer to enlarge the petitioners on statutory bail. 4. Per contra, learned HCGP on instructions submits that, charge sheet is not filed in the present case till date. 5. The maximum punishment for the offences for which FIR has been registered in the present case against the accused is imprisonment for a period of seven years. 6. Section 187(3) of BNSS, 2023 reads as follows: "187 (3): The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding— (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared - 4 - HC-KAR CNR: KAHC010547132026 NC: 2026:KHC:51498 CRL.P No. 12082 of 2026 to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIV for the purposes of that Chapter". 7. From the aforesaid, it is apparent that, charge sheet is required to be filed in the present case within a period of 60 days from the date the accused is remanded to judicial custody. In the present case, petitioners were arrested on 16.07.2026 and was remanded to judicial custody on 17.07.2026, therefore 60 days period has already expired. As on this date, charge sheet is not yet filed. Under the circumstances, as a matter of right, petitioners are entitled for statutory bail. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No.35 of 2025 registered by Mangaluru City CEN Crime Police Station, Dakshina Kannada District for Offence of Punishable Under Sections 66(C) &66(D) of the Information Technology Act, - 5 - HC-KAR CNR: KAHC010547132026 NC: 2026:KHC:51498 CRL.P No. 12082 of 2026 2000 and Sections 112, 318(4) r/w Section 3(5) of BNS, 2023, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future. e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 17