Court holds disputed claim of non-functional internet connection insufficient to dismiss charges of anonymous criminal intimidation and cheating by personation
In a significant ruling delivered on September 1, 2026, the Karnataka High Court dismissed a petition seeking quashing of criminal proceedings against Abhay Shee, accused of sending threatening emails warning of bomb blasts at Kempegowda International Airport and major shopping malls in Bengaluru. The petitioner contended that his internet connection was not functional on the date of the alleged incident, and thus he could not have sent the threatening emails. However, the Court rejected this defense at the threshold, emphasizing that such a claim raises disputed factual issues that are to be examined during the trial and cannot serve as a basis for quashing the prosecution.
The case originated from electronic mails received on November 30, 2025, by the Commissioner of Police, Bengaluru City, claiming to be from the terrorist organization Jaish-e-Mohammed. These emails threatened bomb blasts at several public venues and demanded payment to avert the attacks. The police registered Crime No. 66 of 2025 initially invoking the charge of cyber terrorism under Section 66F of the Information Technology Act, 2000. However, the investigation later resulted in a charge sheet being filed under Section 351(4) of the Bharatiya Nyaya Sanhita, 2023 (criminal intimidation by anonymous communication) and Section 66D of the IT Act (cheating by personation using computer resource).
Abhay Shee's counsel argued that since the petitioner's internet connection was inoperative on the day of the incident, it was impossible for him to have sent the emails. The High Court Government Pleader countered that an email account is not tied to a single device or internet connection and that the issue of internet connectivity is a matter of defense to be examined at trial.
Justice M. Nagaprasanna, while rejecting the petition, held that the internet connection's alleged inoperability cannot conclusively establish the impossibility of sending the emails. The Court noted that electronic communication can be accessed through multiple devices and networks, and therefore, the petitioner's defense raises disputed questions of fact unsuitable for adjudication at the quashing stage.
The Court underscored the seriousness of the allegations involving threats of bomb blasts at crowded public places, which cause fear, public disruption, and diversion of law enforcement resources. Such threats, whether real or false, warrant judicial scrutiny in a full trial. The Court further emphasized that the extraordinary jurisdiction to quash criminal proceedings under Section 482 of the Criminal Procedure Code is an exception and cannot be exercised to pre-emptively decide contested factual issues.
The petitioner's case, therefore, will proceed to trial, where the prosecution must establish the elements of criminal intimidation by anonymous communication and cheating by personation, while the defense may present evidence regarding internet connectivity and other material facts.
This judgment clarifies the threshold for quashing criminal proceedings involving cyber threats and affirms the principle that disputed factual defenses are to be tested in trial rather than quashing petitions.
Bottom Line:
Quashing of criminal proceedings - Allegation of anonymous threatening e-mail in name of terrorist organisation warning of bomb blasts at airport and malls and demanding payment - Plea that petitioner's internet connection was not working on date of incident held to be a disputed question of fact and a matter of defence - At stage after filing of charge-sheet, High Court cannot conduct mini-trial or appreciate disputed material - Proceedings for offences under Section 351(4) of Bharatiya Nyaya Sanhita, 2023 and Section 66D of Information Technology Act, 2000 not liable to be quashed.
Statutory provision(s): Section 351(4) of Bharatiya Nyaya Sanhita, 2023, Section 66D of Information Technology Act, 2000, Section 482 of Criminal Procedure Code
Abhay Shee v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 3001687
