Anticipatory bail granted due to lack of criminal antecedents and cooperation in investigation despite serious allegations.

ORAL ORDER

1. Accused No. 2 in Crime No.169/2025 registered by Yelahanka New Town Police Station, Bengaluru, for the offences punishable under Section 66(B) of the Information Technology Act, 2000 and Sections 316(4), 318(3) read with Section 3(5) of BNS, 2023 , is before this Court under Section 482 of BNSSS, 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.169/2025 was registered by Yelahanka New Town Police Station, Bengaluru, for the aforesaid offences against one Asha M. Gothe and others based on the first information dated 15.04.2025 received from Anupama Buddharaju, authorized representative of a Partnership Firm known as 'Elements Landscape Architecture Urban Design and Planning Studio LLP'. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3464/2025 before the jurisdictional Session Court which was rejected on 12.05.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that petitioner is a qualified person having no other criminal antecedents. The allegation against him is that he had committed theft of data from the Company in which he was working. Such an allegation is made only after the petitioner has resigned from the Company. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. Except the petitioner, all other accused persons have been granted anticipatory bail by this court. Accordingly, he prays to allow the petition.

5. Per contra, learned Addl. SPP has opposed the petition. She submits that serious allegations are found in the first information. The allegation against the petitioner is about committing data theft of the Company and by misusing the same, he has made unlawful gain. She submits that considering the seriousness of allegation, custodial interrogation is necessary.

6. First information is submitted on 15.04.2025 by the first informant, who is allegedly the authorized representative of a Partnership Firm known as 'Elements Landscape Architecture Urban Design and Planning Studio LLP' alleging that accused persons, who were working in the partnership firm, for the period from September 2023 to January, 2025, committed theft of the data of the Company and have caused loss to the Company in which they were working. Learned counsel for the petitioner has produced material before this Court which would prima facie reflect that petitioner has submitted his resignation in the month of January, 2025. First information is submitted in the present case on 15.04.2025, though a statement is made in the first information that the firm was alerted by their internal team in the month of January, 2025 itself about the alleged act of theft committed by accused persons. Accused Nos. 1,3 and 4 have been granted anticipatory bail by this court in Crl.P.No.7615/2025 and Crl.P.No. 7618/2025 disposed of on 12.06.2025. Undisputedly, petitioner has no other criminal antecedents. He is a qualified person who was working in the Partnership Firm. The alleged offences are triable by the Court of Magistrate. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has undertaken to cooperate with the police for the purpose of investigation. All the documents of the partnership firm is in the custody of the firm and petitioner, who has now resigned does not have access to the same. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to releas