ORDER

The petitioner-accused No.5 is before this Court seeking grant of anticipatory bail in Crime No.1 of 2024 of Cyber Crime Police Station, pending on the file of the learned I Additional CMM Court, Nrupatunga Road, Bengaluru, registered for the offences punishable under Sections 343, 344, 409, 426, 34, 36, 37, 201 and 204 of Indian Penal Code (for short 'IPC') and under Section 66 and 84C of Information Technology Act (for short 'the IT Act') , on the basis of the first information lodged by the informant K Ravishankar.

2. Heard Sri M Aruna Shyam, learned senior advocate for Sri E Suyog Herele, learned counsel for the petitioner and Sri B N Jagadeesha, learned Special Public Prosecutor for the respondent-State. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?”

My answer to the above point is in ‘Affirmative’ for the following:

R E A S O N S

4. The petitioner being accused No.5 is seeking grant of anticipatory bail on the apprehension of being arrested. One of the police officer has lodged first information against accused Nos.1 to 5 making serious allegations that accused Nos.2 to 5 being the Investigating Officers in the earlier criminal cases, including Crime No.91 of 2020 of KG Nagar Police Station and Crime No.153 of 2020 of Cottonpete Police Station, have colluded with accused Nos.10 and 12 in Crime No.91 of 2020. Accused No.10 was detained from 14.11.2020 till 17.11.2020 and accused No.12 was also detained from 14.11.2020 to 18.11.2020 in CAR guest house illegally and after joining hands with the co-accused, they had access to the bit coin account and bit coins valued at Rs.1,83,624/- was transferred to the account of accused Nos.2 and 3, thereby they criminally misappropriated the amount, making wrongful gain.

5. Petitioner is the Investigating Officer in Crime No.91 of 2020. It is alleged that he apprehended accused Nos.10 and 12 in the said case and detained them in custody. It is also alleged that accused No.10 - Sri Krishna @ Sriki who is the professional hacker was given access to the laptop by accused No.5 and other Investigating Officers and tried to hack the websites and servers to steal the information. It is also stated that accused No.10 - Sri Krishna @ Sriki was provided with computer/laptop with internet facility while in custody on 22.01.2021 and permitted him to send an e-mail to his friend. It is alleged that accused Nos.2 to 5 being the Investigating Officers under various criminal cases referred therein were hand in glove with accused Nos.10 and 12 in Crime No.*91 of 2020 referred to above and have committed the offences as stated above.

6. The petitioner had filed Criminal Petition No.2916 of

2024 before this Court under Section 482 of Cr.P.C. praying to quash the criminal proceedings registered against him. The said *Corrected vide Court Order Dated 05.07.2024 criminal petition was taken up for consideration along with two other criminal petitions i.e., Criminal Petition Nos.2380 of 2024 and 2925 of 2024 and the co-ordinate Bench of this Court passed the order on 02.05.2024 to dispose off the Criminal Petition No.2916 of 2024 directing the petitioner to positively join investigation on 08.05.2024 by appearing before the Investigating officer at 9.00 a.m., reserving liberty to the Investigating Officer to take the petitioner to the judicial custody and conclude the custodial interrogation on the very same day before 6.00 p.m. The petitioner was directed to co- operate with the investigating agency. *Respondent was directed not to indulge in extra judicial methods while investigating the matter. Other reasonable conditions were also imposed to safe guard the interest of the prosecution.

7. It is stated that the said order dated 02.05.2024 is challenged by the respondent before the Hon'ble Apex Court and t