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Akash M Patil vs State Of Karnataka By
2025 Latest Caselaw 5131 Kant

Citation : 2025 Latest Caselaw 5131 Kant
Judgement Date : 18 March, 2025

Karnataka High Court

Akash M Patil vs State Of Karnataka By on 18 March, 2025

Author: Mohammad Nawaz
Bench: Mohammad Nawaz
                                           -1-
                                                        NC: 2025:KHC:11059
                                                     CRL.P No. 695 of 2025
                                                 C/W CRL.P No. 698 of 2025



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 18TH DAY OF MARCH, 2025

                                         BEFORE
                     THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                         CRIMINAL PETITION NO. 695 OF 2025
                              (438(Cr.PC) / 482(BNSS))
                                        C/W
                         CRIMINAL PETITION NO. 698 OF 2025
                              (438(Cr.PC) / 482(BNSS))


                IN CRL.P No. 695/2025

                BETWEEN:

                PRABHAT SHARMA
                S/O SHISHU PAL SHARMA,
                AGED ABOUT 48 YEARS,
                RESIDING AT #L-58,
                SECTOR-11, NOIDA,
                GAUTHAM BUDDHA NAGAR,
                UTTAR PRADESH-201 301.
                                                             ...PETITIONER
                (BY SRI. SUNDARA RAMAN M.V., ADVOCATE)
Digitally signed
by LAKSHMI T AND:
Location: HIGH
COURT OF         STATE OF KARNATAKA BY
KARNATAKA        CEN POLICE STATION,
                NORTH-EAST DIVISION,
                YELAHANKA, BENGALURU CITY
                REP BY: STATE PUBLIC PROSECUTOR,
                HIGH COURT BUILDING,
                DR. AMBEDKAR VEEDHI,
                BANGALORE- 560 001.
                                                           ...RESPONDENT

(BY MS. ASMA KOUSER, ADDL. SPP;

SRI. ANGAD KAMATH, MS. SLOKA B., SRI. SUYOG SATHYA, ADVOCATES FOR DEFACTO COMPLAINANT)

NC: 2025:KHC:11059

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE PETITIONER ANTICIPATORY BAIL IN RELATION TO CRIME NO.1025/2024 FOR THE OFFENCES U/S 66, 66(B), 66(C) OF THE INFORMATION TECHNOLOGY ACT, 2008 ALONG WITH SECTION 318(2), 318(3) AND 318(4) OF BHARATIYA NYAYA SANHITA, 2023, REGISTERED BY CEN POLICE STATION, NORTH-EAST DIVISION, BENGALURU AND PENDING ON THE FILE OF THE 45TH A.C.M.M., BENGALURU.

BETWEEN:

AKASH M. PATIL S/O MADHUKAR PATIL, AGED ABOUT 32 YEARS, RESIDING AT NO.104, 'B' BLOCK, NEW INDIA TANZANITE, KOGILU LAYOUT, YELAHANKA, BENGALURU-560 064.

...PETITIONER (BY SRI. SUNDARA RAMAN M.V., ADVOCATE)

AND:

STATE OF KARNATAKA BY CEN POLICE STATION, NORTH-EAST DIVISION, YELAHANKA, BENGALURU CITY REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE- 560 001.

...RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP;

SRI. ANGAD KAMATH, MS. SLOKA B., SRI. SUYOG SATHYA, ADVOCATES FOR DEFACTO COMPLAINANT)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE PETITIONER ANTICIPATORY BAIL IN RELATION TO CRIME NO.1025/2024 FOR THE

NC: 2025:KHC:11059

OFFENCES U/S 66, 66(B), 66(C) OF THE INFORMATION TECHNOLOGY ACT, 2008 ALONG WITH SECTION 318(2), 318(3) AND 318(4) OF BHARATIYA NYAYA SANHITA, 2023, REGISTERED BY CEN POLICE STATION, NORTH-EAST DIVISION, BENGALURU AND PENDING ON THE FILE OF THE 45TH A.C.M.M., BENGALURU.

THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY, PRONOUNCED THE FOLLOWING:

DATE OF RESERVED THE ORDER : 14.02.2025 DATE OF PRONOUNCEMENT OF THE ORDER : 18.03.2025

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

CAV ORDER

These petitions are filed by accused Nos.1 and 3

seeking anticipatory bail in Cr.No.1025/2024 registered at

North East CEN Crime Police Station, for offences

punishable under Section 66(B), 66(C) of Information

Technology Act, 2000 (for short 'IT Act') and under

Section 318(2) (3) (4) of BNS, 2023.

2. Brief facts of the case are:

A complaint was lodged on 25.12.2024 by one

Sameer Joshi, CEO of NewSpace Research and

Technologies Pvt. Ltd. (for short 'NRT') alleging that

NC: 2025:KHC:11059

accused Nos. 1, 2, and 3, who were former employees of

complainant's company conspired to steal sensitive

information for the benefit of their current employer,

Lenviz Technologies Pvt. Ltd. (for short 'Lenviz'). Accused

No.1, who held the position of Vice President at the

complainant's company, is accused of operating

dishonestly as a Director of Lenviz, alongwith his wife,

accused No.4. Both accused Nos.1 and 4, shareholders in

Lenviz, alleged to have retained confidential information

obtained during their employment at the complainant's

company. Further, accused No.1, purportedly orchestrated

the theft of confidential data, including source codes, CAD

designs, copyrighted information, project files and other

proprietary information. It is alleged that accused No.1

utilized this stolen data to place a competing bid on behalf

of Lenviz for the Meher Baba Swarm Drone Competition-II,

thus causing irreparable loss and damage to the

complainant's company. Following the resignation of

accused Nos. 2 and 3, an IT audit of their laptops revealed

the existence of a separate Autodesk Fusion 360

NC: 2025:KHC:11059

workspace labeled "Lenviz Tech". It is alleged that accused

Nos.2 and 3 illegally hacked, copied, and shared highly

sensitive information including source codes and original

designs, with Lenviz. The said accused conspired to erase

the evidence related to the crime. The stolen information

was allegedly used by Lenviz to develop similar products

to those of the complainant's company and to secure

defense contracts, causing significant harm to the

complainant's business.

3. The LVI Additional City Civil and Sessions

Judge, Bengaluru, rejected the anticipatory bail application

of the petitioners/accused Nos.1 and 3 respectively in

Crl.Misc.Nos.11937/2024 and 11938/2024 vide order

dated 13.01.2025. The trial Court has observed that the

petitioners being the ex-employee of the complainant's

company allegedly colluded to destabilize the national

defence data for illegal financial gain. The investigation

needs to thoroughly explore the data theft, its upload on

the dark web and the involvement of the accused and the

NC: 2025:KHC:11059

same has to be nipped at the threshold itself. The Court

has emphasized the importance of addressing data theft at

its root to safeguard the national security and as the

allegations are serious against the petitioners and the

investigation is under progress, anticipatory bail to the

petitioners was rejected.

4. Heard the learned counsel for petitioners,

learned counsel for the State and the learned counsel for

defacto complainant.

5. The contention of the learned counsel for

petitioners are as under:

i. FIR lacks specific allegations against the

petitioners and that investigation was conducted without

any prima facie evidence of the offence.

ii. The Sessions Court erroneously held that,

petitioners were accused of destabilizing the national

defense data for illegal purposes and engaging in data

theft, which was deemed a menace that needed to be

NC: 2025:KHC:11059

nipped in the bud. However, there is no evidence on

record to substantiate such a threat to national defense,

nor there is any data, information or document indicating

data theft. Complaint does not indicate any threat to

national security and no offence under Section 66(F) of

the IT Act was established.

iii. Investigation would not be hindered by the

grant of anticipatory bail. Existence of a civil suit with

identical statements as in the complaint, filed much

earlier, and the extreme delay in filing the complaint after

the alleged date of the offence, further undermine the

credibility of the complaint.

iv. Conduct of the complainant and the respondent

demonstrates that the apprehension is justified. Despite

filing a civil suit on 25.11.2024, complainant has belatedly

filed a criminal complaint on 25.12.2024 ensuring that the

Commissioner appointed by the co-ordinate Bench of this

Court could not execute the warrant. This has been done

solely to abuse the process of law and harass.

NC: 2025:KHC:11059

v. Despite lacking proof of data theft, the

complainant prompted the police to conduct search and

seize the devices of the accused on the next day. The

respondent disregarded due process, failing to make a

report or list of seized assets or draw mahazar.

vi. The unlawful detention, arrest and public

parading of accused No.2 at his former office under the

complainant's instructions constitute serious legal

violations. These actions have led the petitioners to

apprehend their imminent arrest fearing similar unlawful

treatment. No incriminating material is found and no

chargesheet is filed till date.

vii. Complaint and FIR do not establish any

elements of alleged offences. Furthermore, respondent-

Police have taken law into their own hands during

investigation.

viii. The respondent, in contempt of this Court's

order, has already seized all media devices and relevant

documents related to this case. There is nothing left to be

NC: 2025:KHC:11059

recovered from the petitioners herein. The entire case

relies on electronic evidence and documents in the custody

of the police. There is no possibility of devices and

documents being tampered with. Arresting these

petitioners would be unnecessary and would only serve to

coerce a confession from the petitioners while in custody.

ix. Petitioners have deep roots in the society and a

reputation for professionalism among their peers. They

have no criminal antecedents and are the sole

breadwinners of their families. There is no material

evidence to show that the petitioners are a flight risk.

x. Respondent police have flouted multiple

procedural rules established by the BNSS and the Courts.

The petitioners have cooperated with the police voluntarily

appearing before them and submitting all the devices to

the I.O. Despite holding the petitioners' devices for over

20 days, the respondent has not made out any case

against the petitioners, and there is no prima facie case

requiring their immediate arrest. No prejudice will be

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NC: 2025:KHC:11059

caused, if anticipatory bail is granted to the petitioners

and they are willing to abide by any conditions imposed by

this Court.

6. In support of his contentions, learned counsel

has placed reliance on the following decisions:-

     a.       Chethan     v.   The       State     of   Karnataka,
              Crl.P. 103890/2024 dd.21.01.2025

     b.       Ramesh Kumar v. State of NCT of Delhi, (2023)
              7 SCC 461

     c.       Sushila Agarwal and others v. State (NCT of
              Delhi) and others (2020) 5 SCC 1.

     d.       Ramappa @ Ramesh v. State of Karnataka
              Crl.P.1052/2024 DD.22.06.2021

     e.       Pinapala Uday Bhushan v. The State of Andhra

Pradesh, Crl.P.No.1052/2024 DD.26.03.2024

7. Learned Addl. SPP appearing for respondent-

State has vehemently opposed for granting anticipatory

bail and filed statement of objections. The contentions of

the learned Addl. SPP are as under:

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NC: 2025:KHC:11059

i. Accused No.2 unlawfully accessed and copied

the confidential data including source codes, CAD designs

and flight controller parameters belonging to the

complainant's company. Forensic analysis confirmed the

misappropriation of this data by Lenviz to develop

competing products causing significant harm to the

complainant. Further, unauthorized bid submission for the

Meher Baba Swarm Drone Competition-II facilitated by the

petitioner/accused No. 1 using stolen data, constitutes

corporate espionage and breach of trust.

ii. The data stolen by accused No. 1, in collusion

with other accused persons, includes proprietary software

and designs for high-altitude drones developed by the

complainant's company, which are used by Indian defence

forces for border security. The custodial interrogation of

the petitioner/accused No.1 is imperative to uncover the

full extent of the data theft, retrieve encrypted and

concealed digital evidence and track unlawful utilization of

the stolen information in defence related projects.

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NC: 2025:KHC:11059

iii. A notice under Section 41A of the Cr.P.C. was

issued to the petitioner/accused No.1 on 27.12.2024,

requiring his appearance before the I.O. on 31.12.2024.

However, deliberate non-compliance with the said notice

by the said petitioner exhibits lack of cooperation with the

investigation and constitutes a direct affront to the due

process of law.

iv. Investigation reveals that stolen proprietary

data and digital records may have been stored in cloud-

based environments placing them beyond the immediate

reach of law enforcement authorities. Custodial

interrogation of the petitioners is imperative to decrypt

and access such digital evidence, thereby ascertaining full

extent of the conspiracy and identifying its beneficiaries.

v. Considering gravity of the offence, if

anticipatory bail is granted to the petitioners, at this stage,

it would irreparably hamper the ongoing investigation and

they may tamper the witnesses or abscond, as they lack

permanent residence in Bengaluru.

- 13 -

NC: 2025:KHC:11059

vi. Granting bail to accused will set a wrong

precedent and convey adverse message to the Society.

Therefore, it is prayed that the anticipatory bail petitions

preferred by the petitioners be rejected by imposing

exemplary costs.

8. In support of her contentions, the learned Addl.

SPP has cited the following decisions:

     a.    Rakesh      Baban        Borhade      vs.         State   of
           Maharashtra, (2015) 2 SCC 313.

     b.    Rajesh Yadav vs, CBI, (2007) 1 SCC 70


     9.    Learned     counsel          appearing      for      defacto

complainant has also vehemently opposed for granting

anticipatory bail to the petitioners and has filed statement

of objections. His contentions are reiterated as under:

i. The complainant-NRT was incorporated in 2017

and specializes in the development of aerospace and

defense research. Its clientele includes government

agencies such as the Indian Army, Air Force, Navy, BEL,

- 14 -

NC: 2025:KHC:11059

Hindustan Aeronautics, and DRDO, emphasizing highly

sensitive nature of its business and its focus on national

security.

ii. The complainant's operations are governed by

stringent confidentiality and security protocols. These

products play a critical role in national security as all

transactions involving government agencies and defense

organizations are subject to strict confidentiality

agreements. Any unauthorized divulgence undermines

client trust and can have serious repercussions for national

security.

iii. Petitioner/accused no.1-Prabhat Sharma,

served as the Vice President of the complainant company

had access to sensitive and confidential information

including source codes, CAD drawings, flight controller

parameters and other proprietary data. During his tenure,

complainant's company was unaware that

petitioner/accused No.1 held a dual role as Director and

Shareholder in Lenviz, a direct competitor. He concealed

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NC: 2025:KHC:11059

his involvement in a UAV tender from the complainant and

used his position to benefit the rival company at the

expense of the complainant.

iv. Petitioner/accused No.1 recruited accused Nos.

2 and 3, who worked in the autonomous division system

and were given access to critical project data. These

accused were entrusted with confidential information and

it was not known to the complainant that accused No.1

was recruiting them to steal proprietary information and

transfer it to Lenviz for the benefit of the rival firm.

v. The complainant discovered the wrongdoing

when petitioner/accused No.1, who was authorized to

place a bid for the Meher Baba Swarm Drone Competition-

II on behalf of the complainant, instead placed a

competing bid on behalf of Lenviz. It is suspected that

this bid was based on confidential information that

petitioner/accused No.1 had obtained during his tenure

with the complainant. This led to an internal investigation.

- 16 -

NC: 2025:KHC:11059

vi. When confronted, petitioner/accused No.1

admitted that he violated the commitments and

contractual obligations by participating in the M-Prize

Phase II competition on behalf of Lenviz. He further

admitted that being the controlling director of Lenviz and

accused No.4 wife of petitioner/accused N0.1 i.e.,

Mrs.Garima Sharma, Shareholder, submitted a bid through

Lenviz.

vii. Upon termination, petitioner/accused No.1

executed a declaration dated 12.01.2023, undertaking to

refrain from using information acquired during his tenure

and to return any proprietary information in possession of

both himself and his wife. Subsequently, in 2024, accused

Nos.1 to 3 resigned from the complainant's company.

viii. The complainant's company investigation

revealed that accused Nos.2 and 3 had copied large

volumes of sensitive and confidential data. Company

laptop of accused No.2 showed a separate workspace

under the name "Lenviz_Tech" on his AutoDesk Fusion

- 17 -

NC: 2025:KHC:11059

360 account, indicating the use of proprietary data for the

rival firm. Further, forensic analysis by Secure Info

Solutions OPC Pvt. Ltd. (SIS) confirmed that accused No.2

systematically stole and transferred sensitive data to

Lenviz, which used the information to develop competing

products. The stolen data was used by the accused

persons to secure lucrative contracts with defense

organizations.

ix. The defacto complainant filed a suit in

O.S.No.8367/2024 seeking injunctive reliefs and filed

I.A.No.3 under Order XXVI Rule 9 of CPC, seeking

appointment of a Court Commissioner to seize the

computer, laptop and other data in possession of the

accused. However, the trial court issued notice.

Aggrieved by this, the complainant filed Writ Petition

No.32999/2024 before this Hon'ble Court, which issued an

ex-parte order appointing a Court Commissioner to seize

and draw up an inventory. Despite the Court

Commissioner having a warrant to inspect the premises of

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NC: 2025:KHC:11059

the accused, he was prevented from entering and drawing

up the inventory.

x. The Court Commissioner's report was presented

before this Court and the matter was considered on its

merits. The Court, disposed of the writ petition on

29.01.2025, noting that intellectual property is a crucial

form of property. The main purpose of permitting search

and seizure without prior notice is to prevent evidence

tampering in intellectual property cases, especially when

the plaintiff i.e., complainant's company has an extremely

strong prima facie case that the actual or potential

damage is very serious and there is a real possibility of

evidence destruction.

xi. The offence committed by these petitioners

involves systematic and premeditated corporate espionage

affecting economic and national security interests. The

petitioners still have access to stolen confidential data and

given their financial resources and business connections,

there is a high flight risk and possibility of tampering with

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NC: 2025:KHC:11059

electronic evidence that is yet to be fully recovered and

analyzed. The investigation would require custodial

interrogation.

xii. If the petitioners are granted anticipatory bail,

a) they may delete or alter critical forensic evidence

before it can be examined. b) use insider knowledge of

the victim organization's Information Technology

infrastructure to further compromise security systems and

c) collude with co-conspirators to manipulate the records

and frustrate the ongoing investigation.

xiii. Non-compliance with Section 41A Cr.P.C. Notice

indicates deliberate non-cooperation, disqualifying the

accused from discretionary relief. The accused

intentionally avoided the Notice to evade investigation,

which disqualifies them from seeking anticipatory bail.

Such non-compliance suggests evidence concealment and

tampering as the data theft involves digital evidence that

could be erased. Custodial interrogation aims to recover

the stolen data. Their failure to appear before the

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NC: 2025:KHC:11059

respondent-Police suggests an intent to destroy evidence,

indicating interference with the investigation and delaying

forensic analysis. Section 41A Cr.P.C. is not a absolute

right, however it is a procedural safeguard that

necessitates co-operation with the investigating agency.

10. In support of his contentions, learned counsel

appearing for defacto complainant has placed reliance

upon following decisions:

a. Sumitha Pradeed v. Arun kumar C.K. (2022) 17 SCC 391

b. Sourish Bose v. State of Karnataka,

c. State, CBI v. Anil Sharma, 1997 (4) RCR (Crl)

11. A preliminary objection was raised by the

learned counsel for the petitioner that the complainant has

no locus standi to oppose the bail application. He has

relied on para 33 of Ramesh Kumar's case (supra) which

reads as follows:

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                                                   NC: 2025:KHC:11059





           '33.   We   hold   that     at   this    stage,   the

complainants have no right of audience before this Court or even the High Court having regard to the nature of offence alleged to have been committed by the appellant unless, of course, a situation for compounding of the offence under Section 420IPC, with the permission of the court, arises.'

Relying on 'Chetan's case' (supra), he contended that

application under Section 301(2) r/w 24(8) of Cr.P.C.,

would be applicable only to trial and enquiries and not at

stage of consideration of bail application.

Placing reliance on the judgments in 'Sri Ramappa @

Ramesh' (supra) and 'Pinapala Uday Bhushan', the learned

counsel has contended that even when a notice is issued

under Section 41A of the Cr.P.C., the apprehension of

arrest does not completely vanish away and under such

circumstance the Courts cannot evade to entertain an

application under Section 438 Cr.P.C.

Relying on the judgment in Sushila Agrawal's case

(supra), it is contended that the anticipatory bail does not

in any manner restrict or limit the rights or duties of police

- 22 -

NC: 2025:KHC:11059

or investigating agencies and Section 438 of Cr.P.C.,

cannot be time bound.

12. It is relevant to extract paras 23 and 24 in the

case of Jagjeet Singh and others VS. Ashish Mishra @

Monu and another reported in 2022 LiveLaw (SC)

376.

"23. A "victim" within the meaning of CrPC cannot be asked to await the commencement of trial for asserting his/her right to participate in the proceedings. He/She has a legally vested right to be heard at every step post the occurrence of an offence. Such a "victim" has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision. We may hasten to clarify that "victim" and "complainant/informant" are two distinct connotations in criminal jurisprudence. It is not always necessary that the complainant/informant is also a "victim", for even a stranger to the act of crime can be an "informant", and similarly, a "victim" need not be the complainant or informant of a felony.

24. The above stated enunciations are not to be conflated with certain statutory provisions, such

- 23 -

NC: 2025:KHC:11059

as those present in the Special Acts like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, where there is a legal obligation to hear the victim at the time of granting bail. Instead, what must be taken note of is that:

24.1.First, the Indian jurisprudence is constantly evolving, whereby, the right of victims to be heard, especially in cases involving heinous crimes, is increasingly being acknowledged.

24.2.Second, where the victims themselves have come forward to participate in a criminal proceeding, they must be accorded with an opportunity of a fair and effective hearing. If the right to file an appeal against acquittal, is not accompanied with the right to be heard at the time of deciding a bail application, the same may result in grave miscarriage of justice. Victims certainly cannot be expected to be sitting on the fence and watching the proceedings from afar, especially when they may have legitimate grievances. It is the solemn duty of a court to deliver justice before the memory of an injustice eclipses.

13. In the aforesaid judgment the Apex Court has

also observed that High Court or a Sessions Court, as the

case may be, are bestowed with considerable discretion

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NC: 2025:KHC:11059

while deciding an application for bail. This discretion is not

unfettered, but has to be exercised judiciously, cautiously

and strictly in compliance with the basic principles as laid

down in plethora of decisions.

14. In Rakesh Baban Burhade (supra) it is held that

anticipatory bail not to be granted as a matter of rule, but

should be granted only when a special case is made out,

and the Court is convinced that the accused will not

misuse his liberty.

15. The relevant observations made by the Hon'ble

Apex Court in Rajesh Yadav V. CBI (supra) is as follows:

' We are of the opinion that while it is true that Article 21 is of great importance because it enshrines the fundamental right to individual liberty, but at the same time a balance has to be struck between the right to individual liberty and the interest of society. No right can be absolute, and reasonable restrictions can be placed on them. While it is true that one of the considerations in deciding whether to grant bail to an accused or not is whether he has been in jail for a long time, the court has also to take into consideration other facts

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NC: 2025:KHC:11059

and circumstances, such as the interest of the society.'

16. In Sumita Pradeep V. Arun Kumar C.K. (supra),

the Apex Court has addressed the principles governing the

grant of anticipatory bail. The judgment clarifies that the

Court must first assess the prima facie case against the

accused and then evaluate the nature and severity of the

offence before deciding on anticipatory bail. Custodial

interrogation can be one of the grounds to decline

anticipatory bail, however, even if custodial interrogation

is not required or necessitated, by itself cannot be a

ground to grant anticipatory bail.

17. It is well settled that, while considering a bail

application, Court should refrain from evaluating or

undertaking detailed assessment of evidence, as the same

is not a relevant consideration at the threshold stage. The

Court may examine prima facie issues, including any

reasonable grounds whether the accused committed an

offence.

- 26 -

NC: 2025:KHC:11059

18. The allegations are that accused Nos.1 to 3,

former employees of complainant's company conspired to

steal sensitive information for the benefit of their current

employer 'Lenviz'. The accused are alleged to have

retained the confidential information obtained during their

employment at the complainant's company. Accused No.1

orchestrated the theft of confidential data, including

source codes, CAD designs, Copyrighted information,

project files and other proprietary information. It is stated

that following the resignation of accused Nos.2 and 3, an

IT audit of their laptops revealed the existence of a

separate Autodesk Fusion 360 workspace labeled 'Lenviz

Tech'. The accused are alleged to have hacked, copied

and shared highly sensitive information including source

codes and original designs, with Lenviz.

19. The complainant - NRT is said to be specialized

in the development of Aerospace and defence research.

Government agencies such as the Indian Army, Air Force,

Navy, BEL, Hindustan Aeronautics and DRDO are said to

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NC: 2025:KHC:11059

be its clients, which emphasizes the highly sensitive

nature of its business. The operations are said to be

governed by stringent confidentiality and security

protocols, hence, play a critical role in national security.

Therefore, any unauthorized divulgence can have serious

repercussions.

20. It cannot be said that there is no prima facie

case against the petitioners. Granting pre-arrest bail can

significantly hamper the investigation, particularly in

collecting useful information and uncovering concealed

materials. Courts must exercise caution when granting

anticipatory bail, specially in cyber economic crimes.

Custodial interrogation is necessary, due to the technical

nature of the crime and to reveal full extent of data theft

and its concealment methods. The petitioners actions

show their ability and willingness to destroy and tamper

with evidence. Preliminary findings would establish that

the petitioners continued to access, retain and use

proprietary information even after their resignation and

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NC: 2025:KHC:11059

demonstrates a deliberate attempt to misappropriate data

for unlawful benefits, constituting a prima facie case.

Granting anticipatory bail could jeopardize investigation

and may frustrate the investigating agency in

interrogating the accused and collecting useful information

and may weaken the ability of law enforcement agencies

to combat sophisticated cyber crimes.

21. For the foregoing reasons, this Court is of the

considered view that the petitioners are not entitled for

anticipatory bail.

Petitions are dismissed.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

HB

Ct:ar

 
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