GUNDA MANOHAR RAO v. THE STATE OF KARNATAKA

(BY SRI. MANJUNATH M.R., ADVOCATE) AND:

THE STATE OF KARNATAKA BY CYBER CRIME POLICE STATION, BENGALURU CITY, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 (BY SRI. RANGASWAMY R., HCGP) …PETITIONERS …RESPONDENT - 2 - NC: 2026:KHC:25557 CRL.P No. 465 of 2026 HC-KAR THIS CRL.P IS FILED U/S 438 CR.P.C. (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT AN ANTICIPATORY BAIL AND TO DIRECT THE RESPONDENT CYBER CRIME P.S., BANGALORE TO RELEASE THE ABOVE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.34/2025 REGISTERED FOR AN ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 318(4) AND 319(2) OF BNS- 2023 AND SECTIONS 66, 66(C), 66(D) AND 72 OF IT ACT 2000, PENDING ON THE FILE OF 45TH ACJM COURT, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioners who are apprehended in Crime No.34/2025 registered by Cyber Crime Police Station, Bangalore, for the offences punishable under Sections 66, 66(C), 66(D) and 72 of Information Technology Act, 2000 and Sections 318(4) and 319(2) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNS, 2023, seeking anticipatory bail.

Heard the learned counsel for the petitioners and learned HCGP appearing on behalf of the respondent- State. - 3 - NC: 2026:KHC:25557 CRL.P No. 465 of 2026 HC-KAR

The FIR in Crime No.34/2025 was registered by the Cyber Crime Police Station for the aforesaid offences against unknown persons based on the first information dated 09.08.2025 received from Prakash M., authorized representative of the Company known as Whizdm Finance Private Limited Company. Since, the jurisdictional police during the course of investigation had issued enquiry notice to the petitioners, they apprehended arrest in the said case and therefore, had approached the jurisdictional Sessions Court in Crl. Misc. No.8374/2025 which was dismissed on 09.10.2025. It is under these circumstances, the petitioners are before this Court.

Learned counsel for the petitioners reiterating the grounds urged in the petition submits that petitioner No.2 is the daughter of petitioner No.1. They do not have any criminal antecedents. They are ready and willing to co-operate with the police in the investigation. Under the similar circumstances, this Court has already granted anticipatory bail to similarly situated accused persons in - 4 - NC: 2026:KHC:25557 CRL.P No. 465 of 2026 HC-KAR Crl.P.No.15337/2025. Accordingly, prays to allow the petition.

Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner.

The material on record would go to show that FIR in the present case has been registered against unknown persons. The petitioners have now received the notice under Section 35(3) of BNS, 2023 and therefore, they apprehend arrest. The petitioners who have no other criminal antecedents have undertaken to co-operate to the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment said offences imprisonment for a period of seven years. Under similar circumstances, this Court has granted anticipatory bail to similarly situated accused persons Crl.P.No.15337/2025. - 5 - NC: 2026:KHC:25557 CRL.P No. 465 of 2026 HC-KAR

Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions.