Citation : 2026 Latest Caselaw 998 Kant
Judgement Date : 9 February, 2026
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NC: 2026:KHC:7453
CRL.P No. 14484 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14484 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
AMIT KUMAR PANDEY
AGED ABOUT 40 YEARS,
S/O MAHESH PANDEY,
R/AT NO. 3136,
PRESTIGE PARK SQUARE TOWER-2,
NEAR SHERWOOL HIGH SCHOOL,
BASAVAPURA, GOTTIGERE,
BENGLURU - 560 083.
...PETITIONER
(BY SRI. C.H. JADHAV, SENIOR COUNSEL FOR
SRI. DHANANJAYA C.M., ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA STATE OF KARNATAKA
MURTHY RAJASHRI BY THE KONANAKUNTE POLICE STATION,
Location: HIGH COURT
OF KARNATAKA BENGALURU,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M.M. HCGP;
SRI. CHANDAN SANJAY BHAT, ADVOCATE FOR
SRI. HARSHITH N. BALAKRISHNA, ADVOCATE
FOR DEFACTO COMPLAINANT)
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NC: 2026:KHC:7453
CRL.P No. 14484 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C
(UNDER SECTION 482 BNSS) PRAYING TO GRANT AN ORDER
OF ANTICIPATORY BAIL TO THE PETITIONER TO THE EFFECT
THAT IN THE EVENT OF HIS ARREST IN CRIME NO.273/2025
REGISTERED BY THE KONANAKUNTE POLICE, BENGALURU,
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 74, 78,
351(2) AND 352 OF BNS AND UNDER SECTIONS 66(E), 67(A)
AND 67 OF I.T ACT, AT XXX ACMM COURT, BENGALURU.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by sole accused under Section
482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant anticipatory bail in Crime No.273/2025 of
Konanakunte Police Station registered for offences
punishable under Sections 74, 78, 351(2) and 352 of
Bharatiya Nyaya Sanhita, 2023 and under Sections 66(E),
67(A) and 67 of Information Technology Act.
2. Heard learned Senior Counsel for petitioner and
learned High Court Government Pleader for respondent -
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HC-KAR
State who is assisted by learned counsel for defacto
complainant.
3. Learned Senior Counsel for petitioner would
contend that, the victim lady earlier had filed NCR on
12.06.2025 and at that time, the petitioner has been
secured to the Police Station and he gave statement and
he has deleted all the photos and videos which he has
copied from the mobile of the victim lady to his mobile and
also taken in the car. There is no any other act by the
petitioner subsequent to the said NCR dated 12.06.2025.
The offence alleged against the petitioner is provided with
the sentence of imprisonment which may extend to three
(3) years and it is triable by Judicial Magistrate First Class.
The petitioner is ready to cooperate with the Police in
investigation and abide by any conditions to be imposed
by this Court. With these, he prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent - State who is assisted by the
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learned counsel for defacto complainant would contend
that, the victim lady earlier had filed NCR on 12.06.2025
regarding the harassment given by the petitioner of
sending photos and videos to other persons. At that time,
the petitioner has been secured by the Police. He gave
statement before the Police and submitted that, he has
deleted the said photos and videos. She further submits
that, thereafter the petitioner has harassed the victim
lady. The victim lady approached the Police and Police
called him on 28.07.2025 and warned him. Inspite of the
said warning, the petitioner again started harassing the
victim lady and her husband. The victim lady was pregnant
and subsequently she gave birth to a child. Thereafter
also, the petitioner even blocking his phone number by the
victim lady has started harassing by making call and
sending messages to other number. The statement of the
victim lady has been recorded under Section 183 of BNSS
wherein she has stated in detail the harassment given by
the petitioner. The petitioner stated to have demanded
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Rs.9,00,000/- and threatened to take revenge if it is not
given. The petitioner is required for custodial
interrogation. With these, she prayed for dismissal of the
petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. The victim lady has filed a complaint on
15.09.2025 and it is registered against the petitioner for
the aforesaid offences. As averred in the said complaint,
earlier on 12.06.2025 the victim lady had approached the
Police and filed a complaint and registered in NCR
No.668/2025. At that time, the Police have summoned the
petitioner and recorded his statement and he has
undertaken not to harass the victim lady and to delete all
the photos and videos from his mobile. The further
averments of the complaint indicates that, the petitioner
inspite of the same, he met the victim lady in parking lot,
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followed her and claimed that he has not deleted her
photos and videos and he started spreading them within
the society. On 28.07.2025, the Police called him to the
Station and he denied of any wrongdoing. The Police gave
him a strict warning not to disturb the victim lady. Inspite
of that, he continued harassing the victim lady and her
family members. That on 12.09.2025, he claimed that he
has already spread the video and photos in the society and
about 90% of the residents are now aware of it and he has
not deleted the videos and photos. He continued to post
irrelevant content. The victim lady was pregnant and it is
stated that, it affected her pregnancy. It is submitted by
the learned High Court Government Pleader that the
statement of the victim lady has been recorded under
Section 183 of BNSS wherein she has stated in detail each
and every act of petitioner harassing the victim lady even
after she is shifting to some other place along with her
family members. The investigation is in progress and the
petitioner is required for custodial interrogation.
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7. Considering all the above aspects, the petitioner
has not made out any grounds for grant of discretionary
relief of anticipatory bail. In the result, the Criminal
Petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 6
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