Karnataka High Court
K M Praveen S/O Sugurayya Swamy vs State Of Karnataka on 16 July, 2024
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NC: 2024:KHC-D:9889
CRL.P No. 101706 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 101706 OF 2024 (439)
BETWEEN:
K.M.PRAVEEN S/O SUGURAYYA SWAMY,
AGED ABOUT 21 YEARS,
OCC: STUDENT,
R/O: WARD NO.9,
NEAR AYYAPPA SWAMY TEMPLE,
SHREERAMANAGAR, ANDRAL,
TQ. AND DIST: BALLARI.
(NOW IN JC)
...PETITIONER
(BY SRI MAHESH WODEYAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THROUGH RURAL POLICE STATION GANGAVATHI,
REPTD. BY ADDL. S.P.P.,
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD-580011.
2. M.SHARANABASAYYA,
S/O VEERESHAYYA MARALIMATH,
CHANDRASHEKAR HIGH
AGE: 34 YEARS, OCC: BUSINESS,
COURT OF
LAXMAN
KATTIMANI
KARNATAKA R/O: UDAMKAL VILLAGE,
TQ: GANGAVATHI,
DIST: KOPPAL-583231.
...RESPONDENTS
(BY SMT.KIRTILATA R.PATIL, HCGP FOR R1;
SRI SHIVANAND MALASHETTI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE
PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO. CR.NO.63/2024
OF RURAL POLICE STATION, GANGAVATHI FOR THE OFFENCE
PUNISHABLE U/S 354(C) IPC, SECTION 14 AND 15 OF THE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
AND SECTION 66(C) AND 67(B) OF THE INFORMATION TECHNOLOGY
ACT, 2000.
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NC: 2024:KHC-D:9889
CRL.P No. 101706 of 2024
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard Sri Mahesh Wodeyar, learned counsel for the petitioner, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1/State and Sri Shivanand Malashetti, learned counsel for respondent No.2.
2. The petitioner herein is before this Court seeking regular bail in Crime No.63/2024 wherein the respondent/police have registered a case against the petitioner for the offences u/sec. 354-C of IPC, Section 14 and 15 of the Protection of Children from Sexual Offences Act, 2012 and Section 66(C) and 67(B) of the Information Technology Act, 2000.
3. Brief facts of the case are as under:
It is the case of the prosecution that the complainant was using instagram. He received the nude photos of his brother's daughter to his instagram on 03.04.2024 around 12.30 p.m. and it was morphed. He instructed the said instagram account user that he should not circulate such -3- NC: 2024:KHC-D:9889 CRL.P No. 101706 of 2024 photos and videos and asked him to stop the circulation. The accused/petitioner herein again challenging him that he would keep on circulating the said photos and asked him to do whatever he wanted. Based on the said threatening and also blackmailing, he lodged a complaint before the jurisdictional police and sought for action to be taken against the petitioner. The jurisdictional police have registered a case in Crime No.63/2024 for the offences stated supra and started investigation. After conducting investigation submitted the charge sheet.
4. It is the submission of the learned counsel for the petitioner that the complainant and the petitioner are relatives and the petitioner has been falsely implicated in this case. The victim was studying in the house of the accused/ petitioner. The parties have settled the matter and the petitioner has apologized about the postings which were uploaded in the instagram and moreover, the petitioner is a student and his career will be vanished if the case is continued. The petitioner will abide the conditions imposed by this Court in the event of his release on bail. Making such -4- NC: 2024:KHC-D:9889 CRL.P No. 101706 of 2024 submissions, the learned counsel for the petitioner prays to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently objected the said submissions and further, she submitted that uploading the nude photos of the victim in the instagram certainly creates scar on her career and also it is menace to the society. The petitioner is required to be taught some lesson. Therefore, it is not appropriate to grant him bail. Making such submissions, the learned High Court Government Pleader prays to dismiss the petition.
6. Having heard the learned counsel for the respective parties and also perused the averments made in the said application, it appears from the records that the complainant when he saw his instagram account, he noticed some obscene photographs have been uploaded into his account through unidentified person. The said obscene picture was of his brother's daughter. After having seen the said morphed video and photographs, he instructed the person who uploaded through his account that he should not -5- NC: 2024:KHC-D:9889 CRL.P No. 101706 of 2024 post such photos and videos or else, he would be dealt with in accordance with law. Inspite of that, the unknown person through his account threatened the complainant and challenged that he would keep on uploading such photos and further challenged that let him do whatever he wanted. Thereafter, a complaint came to be registered by the complainant. During investigation, it is found that the said photographs and videos have been uploaded by the relative of the complainant. The complainant is present before this Court today and voluntarily requested that he would advise him properly in order to maintain quietus in the family, he requested the Court to grant him bail.
7. Having considered the submission of the learned counsel for the respective parties. It is appropriate to grant him bail by imposing suitable conditions. Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.63/2024 of Gangavathi Rural -6- NC: 2024:KHC-D:9889 CRL.P No. 101706 of 2024 Police Station, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:
a) The petitioner shall not threaten the prosecution witnesses nor hamper the proceedings of the Court.
b) The petitioner shall co-operate with the investigation as and when it is required.
In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
Sd/-
JUDGE CLK CT:ANB List No.: 1 Sl No.: 8