SRI.PRASHANTH KAREEPA TALAVAR v. STATE OF KARNATAKA

(BY SRI. BHASKAR C R.,ADVOCATE) AND: STATE OF KARNATAKA BY CYBER CRIME POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE – 560 001 (BY SMT. RASHMI JADHAV, ADDL. SPP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.No.441/2026 ARISING OUT OF CR.NO.69/2025 REGISTERED BY CYBER CRIME POLICE STATION, BENGALURU, FOR THE OFFENCE P/U/S 66(c), 67 OF IT ACT AND U/S 351(2), 351(3), 352, 75(3), 79 R/W SEC.3(5) OF THE BNSS 2023, PENDING ON THE FILE OF THE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA HC-KAR - 2 - NC: 2026:KHC:42243 CRL.P No. 9317 of 2026 CNR: KAHC010441092026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER

#1. Accused No.3 in S.C.No.441/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.69/2025 registered by Cyber Crime Police Station, Bengaluru, for the offences punishable under Sections 67, 66(c) of Information Technology Act, 2000 and Sections 351(3), 352, 75(3), 351(2), 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail.

#2. Heard learned counsel appearing petitioner and learned Addl. SPP appearing for the respondent-State.

#3. FIR in Crime No.69/2025 was registered by the Cyber Crime Police Station, Bengaluru City, for the HC-KAR - 3 - NC: 2026:KHC:42243 CRL.P No. 9317 of 2026 CNR: KAHC010441092026 aforesaid offences against unknown persons based on the information dated 24.12.2025 received Vijayalakshmi. In the said case, petitioner was arrested on

04.01.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.1880/2026, which was dismissed on

29.05.2026. It is under these circumstances, petitioner is before this Court in this successive bail application.

#4. Learned counsel for the petitioner submits that similarly situated other accused persons are now released on bail in the present case. Accordingly, he prays to allow the petition.

#5. Submission made by the learned counsel for the petitioner is not seriously disputed by the learned Addl. SPP.

#6. Accused No.1 in the present case has been granted regular bail by this Court in Crl.P.No.8037/2026 by order HC-KAR - 4 - NC: 2026:KHC:42243 CRL.P No. 9317 of 2026 CNR: KAHC010441092026 dated 17.07.2026. In paragraph-9 of the said order, it is observed as follows: “9. Petitioner, who has no other criminal antecedents, is in custody in the present case for the last more than six months. Investigation of the case is completed and charge sheet has been filed. It is not in dispute that after the charge sheet was filed in the present case, accused No.2 has been granted regular bail by the Jurisdictional Sessions Court. Maximum punishment for the alleged offences is imprisonment for a period of 7 years. It is trite that a person cannot be kept in custody as a punitive or preventive measure. Under the circumstances, I am of the view that his prayer for grant of regular bail is to be answered in the affirmative.”

#7. It is not in dispute that the petitioner has no other criminal antecedents. Considering the nature of allegations as against the petitioner and for the reason that similarly placed other accused persons are released on bail, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively HC-KAR - 5 - NC: 2026:KHC:42243 CRL.P No. 9317 of 2026 CNR: KAHC010441092026 subject to appropriate conditions. Accordingly, the following order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.441/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.69/2025 registered by Cyber Crime Police Station, Bengaluru, for the offences punishable under Sections 67, 66(c) of Information Technology Act, 2000 and Sections 351(3), 352, 75(3), 351(2), 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for likesum, the satisfaction of jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court HC-KAR - 6 - NC: 2026:KHC:42243 CRL.P No. 9317 of 2026 CNR: KAHC010441092026 unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with prosecution witnesses; d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DM List No.: 1 Sl No.: 53