Bhuvan Gowda H S vs State Of Karnataka

Shivashankar Amarannavar, J

Crl.P.No.13001/2025 is filed by the petitioner – accused No.4 and Crl.P.No.13436/2025 is filed by the petitioner –accused No.10. Both petitions are filed under Section 483 of BNSS seeking grant bail in Crime No.30/2025 of Cyber Crime Police Station, Bangalore registered for offences punishable under Sections 67 and 66(c) of Information Technology Act, 2000 and Sections 351(2), 351(3), 352, 75(1)(iv) and 79 of BNS 2023.

Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent No.1 –State. Inspite of service of notice, respondent No.2 in Crl.P.No.13436/2025 is remained absent.

Learned counsel for petitioners would contend that the accused Nos.1 to 3, 6, 7 and 11 have been granted bail by this court and present petitioners –accused Nos.4 and 10 are also placed similar to that of accused Nos. 1 to 3, 6, 7 and 11 who are granted bail. Therefore, petitioners –accused Nos.4 and 10 are also entitled for grant of bail on the ground of parity. They further submit that the petitioners –accused Nos.4 and 10 are students and they are in custody since more than 02 months and therefore, they are not required for any further custodial interrogation. With these, they prayed to allow the petition and grant bail to petitioners –accused Nos.4 and 10.

Per contra learned Additional Special Public Prosecutor for respondent No.1 -State would contend that the investigation is in-progress and if petitioners –accused Nos.4 and 10 are granted bail they will hamper the investigation and tamper the prosecution witnesses. With these, she prayed for dismissal of the petition.

Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on records.

Petitioners are having Instagram account in their names. It is alleged that they sent messages to the first informant containing vulgar language by using account standing in their names. The offences alleged against the petitioners are under Sections 351(2), 351(3), 352, 75(1)(iv) and 79 of BNS, 2023 are bailable offences and punishment provided for those offences is less than 07 years. Similarly placed accused Nos. 1 to 3, 6, 7 and 11 have been granted bail by this Court by the order dated 08.10.2025 and therefore, petitioners –accused Nos.4 and 10 are also entitled for grant of bail on the ground of parity. The petitioners –accused Nos.4 and 10 have undertaken to co-operate with the Police in the investigation and abide terms and conditions imposed by this court. Petitioners –accused Nos.4 and 10 have made out case for grant of bail with conditions.

In the result, the following

ORDER

i) Both petitions are allowed.

ii) Petitioners -accused Nos.4 and 10 are granted bail in Crime No.30/2025 of Cyber Crime Police Station, Bangalore City subject to following conditions

a. Petitioners –accused Nos.4 and 10 shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) each with one surety for the like sum to the satisfaction of jurisdictional Court.

b. Petitioners –accused Nos.4 and 10 shall not threaten first informant and other prosecution witnesses;

c. Petitioners –accused Nos.4 and 10 shall co-operate with the Investigating Officer if investigation is not yet completed.

d. Petitioners –accused Nos.4 and 10 shall appear before the trial court on all the dates of hearing unless exempted and co-operate for speedy disposal of the case registered against them.