- 1 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 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. 13201 OF 2026 C/W CRIMINAL PETITION NO. 12809 OF 2026 CRIMINAL PETITION NO. 13288 OF 2026 IN CRL.P No. 13201/2026 BETWEEN: SRI. PRATHAP @ M. GANGAL PRATHAP S/O. M. KRISHNAPPA, AGED ABOUT 23 YEARS, PRESENTLY RESIDING AT SITE NO.76/1, HARALUR, MASJID ROAD, SOMANNA COMPOUND, BENGALURU - 560 103. PERMANENT RESIDENT OF HOLAGUNDA, LINGADAHALLI, KURNOOL DISTRICT, ANDHRA PRADESH - 518 346. …PETITIONER (BY SRI. SANDESH KUMAR M, ADVOCATE) AND: STATE OF KARNATAKA BY BELLANDUR POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP; SRI. CHANDRASHEKAR R.P, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO A. ALLOW THIS CRIMINAL PETITION FILED U/S 482 OF THE BNSS 2023. B. DIRECT THAT IN THE EVENT OF ARREST OF THE PETITIONER/ACCUSED NO.4 SRI.PRATHAP @ M GANGAL PRATHAP IN CRIME NO.345/2026 REGISTERED BY BELLANDUR POLICE STATION BENGALURU SAME WAS PENDING BEFORE THE III ADDL.CMM AT BENGALURU FOR THE OFFENCES P/U/S 316(4), 318(4), 306, 308, 62, 61(2) AND 351(2) R/W 3(5) OF THE BNS 2023 AND SECTIONS 43, 66, 66(C), 66(D) AND 66(E) OF THE IT ACT 2000 HE BE RELEASED ON BAIL. IN CRL.P NO. 12809/2026 BETWEEN: SRI. K. LAKSHMIPATHI S/O K. SREENIVASULU, AGED ABOUT 28 YEARS, RESIDING AT BUILDING NO.43, SMAYA JADE NASTER LAYOUT, DODDAMARA ROAD, CHOODA SANDRA, BANGALORE - 560 099 PERMANENT NATIVE PLACE NO.1-96, PERUMALLAPALLI, BANGARU PALYAM P.O, CHITTOR DISTRICT, ANDHRA PRADESH. ...PETITIONER (BY SRI.ARUNA SHYAM, SR. COUNSEL FOR SRI. RAJESH A, ADVOCATE) - 3 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 AND: STATE BY BELLANDUR POLICE STATION BANGALORE CITY. REPRESENTS BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 ...RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP; SRI. CHANDRASHEKAR R.P, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE RESPONDENT POLICE I.E BELLANDUR P.S. TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL FORTHWITH IN THE EVENT OF HIS ARREST IN THE CR.NO.345/2026 FOR THE OFFENCE P/U/S 43, 66, 66(C),66(D), 66(C) OF I.T ACT AND SEC.316(4), 318(4), 306, 308, 62, 61(1), 351(2), 3(5) OF BNS 2023 ON THE FILE OF 3RD A.C.J.M AT BENGALURU. IN CRL.P NO. 13288/2026 BETWEEN: 1. SRI. CHARAN KUMAR NAIDU S/O NALLANI AMAREDRA NAIDU, AGED ABOUT 28 YEARS, RESIDING AT BUILDING NO.43, SMAYA JADE NASTER LAYOUT, DODDAMARA ROAD, CHOODA SANDRA, BANGALORE - 560 099. PERMANENT NATIVE PLACE NO.805, MADDI PATLAVARI PALLI, - 4 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 ROMPICHERLA MANDALAM, DIST CHITTOOR, ANDHRA PRADESH - 517 214. 2. SRI. LIKITH KUMAR, S/O SRINIVASULU, AGED ABOUT 26 YEARS, RESIDING AT BUILDING NO.43, SMAYA JADE NASTER LAYOUT, DODDAMARA ROAD, CHOODA SANDRA, BANGALORE - 560 099 PERMANENT NATIVE PLACE NO.1-96, PERUMALLAPALLI, BANGARU PALYAM P.O, CHITTOR DISTRICT, ANDHRA PRADESH. ...PETITIONERS (BY SRI.ARUNA SHYAM, SR. COUNSEL FOR SRI. RAJESH A, ADVOCATE) AND: STATE BY BELLANDRU POLICE STATION BANGALORE CITY, REPRESENTS BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP; SRI. CHANDRASHEKAR R.P, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO PASS AN ORDER DIRECTING THE RESPONDENT POLICE I.E., BELLANDUR POLICE STATION TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL FORTHWITH IN THE EVENT OF HIS ARREST IN THE CRIME - 5 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 NO.345/2026 FOR OFFENCE PUNISHABLE FOR AN OFFENCE U/S 43, 66, 66(C), 66(D), 66(E) OF THE IT ACT AND SEC.316(4), 318(4), 306, 308. 62, 61(1), 351(2), 3(5) OF THE BNS, 2023 ON THE FILE OF 3RD ADDL CMM, AT BANGALORE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 4 in Crime No.345/2026 registered by Bellanduru Police Station, Bengaluru City, for the offences punishable under Sections 316(4), 318(4), 306, 308, 62, 61(1) and 351(2) read with Section 3(5) of BNS, 2023, Section 43 of the Information Technology Act, 2000 and Sections 66, 66(C), 66(D), and 66(E) of the Information Technology Act, 2008 are before this Court in these three petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 6 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 3. FIR in Crime No.345/2026 was registered by Bellanduru Police Station, Bengaluru City, for the aforesaid offences against the petitioners herein, based on the first information dated 24.07.2026 received from one Subramani S/o. Shivsingh. Apprehending arrest in the said case, the petitioners had approached the jurisdictional Sessions Court in Crl.Misc.No.7744/2026 which was dismissed on 17.08.2026. Therefore, they are before this Court. 4. Learned Senior Counsel appearing on behalf of the petitioners submits that only after a dispute arose between accused No.1 and the first informant, a false complaint has been made, making allegations as against accused No.1 to 4. He submits that the petitioners do not have any criminal antecedents and they are ready and willing to co-operate with the Police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate. Accordingly, he prays to allow the petitions. - 7 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 5. Per contra, learned High Court Government Pleader submits that the investigation of the case is under progress. 6. Learned counsel for respondent No.2/de-facto complainant, who has filed statement of objections opposing the bail applications submits that serious allegations of misappropriating the TDS amount and theft of data belonging to the first informant have been made as against the accused persons. He submits that petitioners hail from Andhra Pradesh and they have not been co- operating with the Police for the purpose of investigation. Considering the nature of the allegations made as against them, their custodial interrogation becomes very much necessary in the present case. In support of his argument, he has placed reliance on the following judgments: i) SUMITHA PRADEEP Vs. ARUN KUMAR C.K AND ANOTHER reported in (2022) 17 SCC 391. - 8 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 II) RAJESH RAJAN YADAV @ PAPPU YADAV Vs. CBI reported in (2007) 1 SCC 70. III) PRABHAT SHARMA Vs. STATE OF KARNATAKA in Criminal Petition No.695/2025 C/w Criminal Petition No.698/2025, High Court of Karnataka. 7. FIR in the present case has been registered against accused Nos.1 to 4 based on the first information dated 24.07.2026 received from Sri Subramani S/o. Shivsingh. A reading of the first information would reveal that accused No.1-Lakshmipathi is acquainted to the first informant for the last about four years. The first informant is allegedly running a building and development company. At the instance of accused No.1, the first informant had provided employment to accused Nos.2 and 3. It appears that accused No.3 is the younger brother of accused No.1. 8. In the first information, it is alleged that, accused Nos.2 and 3 during the course of their employment had indulged in mismanagement of TDS payments and this was brought to the notice of the first - 9 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 informant by one Sri Lakshmipathi Reddy. On enquiry, accused Nos.2 and 3 had admitted their guilt. However, since accused No.3 was the brother of accused No.1- Lakshmipathi, the first informant, allegedly had forgiven them and had given them one more opportunity. It appears that subsequently the relationship between accused No.1-Lakshmipathi and the first informant had failed due to some misunderstanding and they had stopped talking to each other. In the first information, it is specifically stated that, for the last two years, accused No.1 and the first informant are not in talking terms. It is also alleged that when the relationship between accused No.1-Lakshmipathi and the first informant was good, Lakshmipathi had purchased a site and in the said site, he is now putting up some construction for the last one and a half years. 9. A further allegation is made in the first information that accused Nos.2 and 3 had supplied material from the company of the first informant to the - 10 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 site of accused No.1, where he is putting up construction. It is also further alleged that accused Nos.2 and 3 had indulged in committing theft of data from the company of the first informant. Accused No.4 allegedly had assisted accused Nos.2 and 3 for the purpose of committing theft of materials and supplying the same to the site of accused No.1. It is further alleged that the accused persons had also made a demand for a sum of Rs.25,00,000/- from the first informant and had threatened him of dire consequences. 10. From a overall reading of the first information, it appears that accused No.1 was a friend of the first informant and at this instance, accused Nos.2 and 3 were employed by the first informant in his company. In the first information itself, it is stated that accused Nos.2 and 3, who were found to be mismanaging the TDS payments were forgiven by the first informant for the reason that accused No.3 was the brother of accused No.1. - 11 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 Subsequently, due to certain disputes, the relationship between accused No.1 and the first informant had failed. 11. It is an admitted fact that, for the last two years, accused No.1 and the first informant are not talking to each other. Therefore, it is apparent that the allegations of mismanagement of TDS etc., are all prior to two years from the registration of the FIR. The subsequent allegations now made are about the supply of material from the company of the first informant to the site of accused No.1 and also about data theft from the company of the first informant. The allegations made in the first information appears to be for a period from the year 2022 to 2026. It is only after the relationship between the parties had failed, the first informant appears to have approached the Police. 12. Considering the nature of the allegations found in the first information, which are ominous in nature, and also taking into consideration that the alleged offences are - 12 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years, I am of the opinion that the prayer made by the petitioners, who do not have any criminal antecedents for grant of anticipatory bail needs to be answered affirmatively. The judgments on which reliance has been placed by the learned counsel for respondent No.2 in support of his contentions, were rendered considering the facts and circumstances of those cases and therefore, they cannot be made applicable to the case on hand. Accordingly, the following: O R D E R i) The criminal petitions are allowed. ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No. 345/2026 registered by Bellanduru Police Station, Bengaluru City for the offences punishable under Sections - 13 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 316(4), 318(4), 306, 308, 62, 61(1) and 351(2) read with Section 3(5) of BNS, 2023, Section 43 of the Information Technology Act, 2000 and Sections 66, 66(C), 66(D), and 66(E) of the Information Technology Act, 2008, subject to the following conditions: a) The petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. b) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The petitioners shall not tamper with the prosecution witness and they shall co- operate with the police for investigation and appear before them whenever called upon. - 14 - HC-KAR CNR: KAHC010596742026 NC: 2026:KHC:51454 CRL.P No. 13201 of 2026 C/W CRL.P No. 12809 of 2026 CRL.P No. 13288 of 2026 d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 27