Karnataka High Court
Sri. Niranjan Jadhav vs The State Of Karnataka on 5 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:31942
CRL.P No. 6383 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6383 OF 2023
BETWEEN:
SRI. NIRANJAN JADHAV
S/O NAGARAJ
AGED ABOUT 21 YEARS
STUDENT, R/O SHIVARAJAPURA
SURALI BALEBAILU VILLAGE
DOORVASAPURA POST
THIRTHAHALLI TALUK
SHIVAMOGGA - 577 432.
...PETITIONER
(BY SRI. SUYOG HERELE E., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed
by NANDINI MS
THROUGH THIRTHAHALLI POLICE STATION
Location: High REPRESENTED BY SPP
Court of
Karnataka OFF/AT HIGH COURT OF KARNATAKA BUILDING
AMBEDKAR VEEDHI
BENGALURU - 01.
2. KUM. SPOORTHI
D/O PRABHAKARA RAO
AGED ABOUT 19 YEARS
R/AT INDIRANAGARA
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NC: 2023:KHC:31942
CRL.P No. 6383 of 2023
SEEBINAKERE, THIRTHAHALLI
SHIVAMOGGA - 577 432.
...RESPONDENTS
(BY SMT. N.ANITHA GIRISH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C., BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH FIR
IN CR.NO.117/2023 REGISTERED BY RESPONDENT
THIRTHAHALLI POLICE STATION FOR THE ALLEGED OFFENCE
U/S 66(E), 678(A) OF I.T. ACT, 2008 AND U/S 34, 386 OF IPC
AND U/S 4 AND 8 OF POCSO ACT, 2012 ON THE FILE OF
LEARNED PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT,
THIRTHAHALLI, SHIMOGA DISTRICT.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused No.3 in Crime No.117 of 2023 registered by Thirthahalli police station, Shimoga for offences punishable under Sections 34, 386 of the IPC, 66 (E), 67(A) of the Information Technology Act, 2008 and Sections 4 and 8 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) is before this Court under Section 439 of the Cr.P.C.
2. Heard the learned counsel for the parties. -3-
NC: 2023:KHC:31942 CRL.P No. 6383 of 2023
3. On the complaint of one Sri Ganesh Prasad dated 19.06.2023 FIR in Crime No.117 of 2023 was registered by Thirthahalli police against one Prathik Gowda and others initially for offences punishable under Sections 34 and 386 of the IPC and Sections 66(E) and 67(A) of the Information Technology Act, 2008. In the complaint it is averred that accused No.1 Prathik Gowda had recorded certain obscene videos of college students and was blackmailing the girls involved in those obscene videos and demanding money. During the course of investigation in the said complaint the petitioner was arrested on 01.07.2023. His bail application filed before the Sessions Court, Shivamogga in Crime No.70 of 2023 was rejected on 12.07.2023. Therefore, he has approached this Court in this petition.
4. Learned counsel for petitioner submits that the petitioner is a student studying BCA 6th semester in Government First Grade College, Thirthahalli and the allegation against him is about recording the obscene videos. The allegation of threatening girls and also about sexual exploitation of the girls is as against accused No.1. Accused -4- NC: 2023:KHC:31942 CRL.P No. 6383 of 2023 Nos.2 and 4 have been granted regular bail before the trial Court and accused No.1 has been granted interim bail by the trial Court. Even the present petitioner was granted interim bail by this Court and thereafter the petitioner has appeared before the police and has cooperated for the purpose of investigation. He accordingly prays to allow the petition.
5. Per-contra, learned High Court Government Pleader has opposed the bail petition. She submits that investigation in the case is not yet completed and accordingly, prays to reject the petition.
6. FIR was initially registered against accused No.1 Prathik Gowda on the complaint of one Ganesh Prasad, after Ganesh Prasad came to know about the illegal activities of accused No.1 Prathik Gowda. During the course of investigation the other accused have been also arrested. One of the victim girl has stated before the Investigation Officer that she had gone along with accused No.1 and had involved herself in sexual activities with accused No.1 and the said act of hers was captured in the mobile phone by accused No.3. -5-
NC: 2023:KHC:31942 CRL.P No. 6383 of 2023
7. Accused No.1, during the course of his confession statement, has stated that the said obscene videos of the girl were circulated in the social media by accused Nos.2 and 3. Therefore, the offence under Section 4 of the POCSO Act would get attracted only as against accused No.1 and only offence under Section 8 of the POCSO Act would get attracted as against the other accused persons. The petitioner who is a student was arrested on 01.07.2023 and was granted interim bail by this Court on 28.07.2023 considering the fact that he was required to appear for his examinations. Thereafter, this Court had directed the petitioner to appear before the police for investigation and in compliance of the said order it is stated that the petitioner has appeared before the police and has co-operated for the purpose of investigation. Major portion of the investigation is completed. All the accused persons are arrested and out of them, accused Nos.2 and 4 have been enlarged on bail and accused No.1 is also granted interim bail by the trial Court. The petitioner is aged 21 years and is a student. In the circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively.
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NC: 2023:KHC:31942 CRL.P No. 6383 of 2023
8. Accordingly, petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.117 of 2023 of Thirthahalli Police Station for offences punishable under Sections 34, 386 of the IPC, 66 (E), 67(A) of the Information Technology Act, 2008 and Sections 4 and 8 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the trial Court unless the trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;-7-
NC: 2023:KHC:31942 CRL.P No. 6383 of 2023
e) The petitioner shall not leave the jurisdiction of the trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE BKP List No.: 1 Sl No.: 43