The court established that anticipatory bail may be granted when there are no criminal antecedents and the accused are willing to cooperate with the investigation.

ORAL ORDER

1. Accused Nos.1, 3 and 4 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 , are before this Court in these two petitions filed 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 petitioners 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, petitioners herein had filed Crl.Misc.No.3505/2025 and Crl.Misc.No.3373/2025 before the jurisdictional Session Court which were rejected on 12.05.2025. Therefore, they are before this Court.

4. Learned counsel for the petitioners submits that petitioners are all qualified persons having no other criminal antecedents. The allegations against them is that they had committed theft of data from the Company in which they were working. Such an allegation is made only after the petitioners have resigned from the Company. Petitioners are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petitions.

5. Per contra, learned Addl. SPP has opposed the petitions. She submits that serious allegations are found in the first information. The allegations against the petitioners is about committing data theft of the Company and by misusing the same, accused persons have made unlawful gain. She submits that considering the seriousness of allegations, 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 petitioners, 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 petitioners has produced material before this Court which would prima facie reflect that petitioners have submitted their resignation in the month of January, 2025. First information is submitted in the present case on 15.04.2025 though an 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. Undisputedly, petitioners have no other criminal antecedents. They are all qualified persons 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. Petitioners have 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 petitioners, who have now resigned do not have access to the same. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

7. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.169/2025 registered by Yelahanka New Town Police Station, Bengaluru, for the offences punishable under Section