Karnataka High Court
Mr Krishna M vs The State Of Karnataka on 10 August, 2020
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2020
BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.3510 OF 2020
BETWEEN:
MR. KRISHNA M.,
S/O. MARIYAPPA,
AGED ABOUT 48 YEARS,
OCC: PRINCIPAL,
MAHATMA PU COLLEGE,
KEREBEEDI, KURUPETE,
KANAKAPURA TALUKA,
RAMANAGARA DISTRICT. ... PETITIONER
[BY SRI. SHIVARAJ N. ARALI, ADVOCATE]
AND:
THE STATE OF KARNATAKA,
BY CEN POLICE STATION,
RAMANAGARA TOWN,
RAMANAGARA,
REP., BY PP RAMANAGARA. ... RESPONDENT
[BY SRI.VINAYAKA V.S., HCGP]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR. NO.09/2020 REGISTERED BY
RAMANAGARA CEN CRIME POLICE STATION, RAMANAGARA FOR
THE OFFENCE P/U/S 67 AND 67(B) OF THE INFORMATION
TECHNOLOGY ACT.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THROUGH VIDEO CONFERENCE, THIS DAY THE COURT MADE THE
FOLLOWING:
ORDER
Learned HCGP takes notice for the respondent/State.
2. Heard the learned counsel for the petitioner and the learned HCGP.
3. The petitioner has filed this petition under Section 438 of Cr.P.C. to enlarge him on anticipatory bail in the event of his arrest in Crime No.9/2020, registered by CEN Police Station, Ramanagara Town.
4. On the basis of a complaint lodged by HC 119 attached to CEN Crime Police Station, Ramanagara, the aforesaid crime was registered against the petitioner for the offences punishable under Sections 67 and 67(B) of the Information Technology Act, 2008.
5. It is stated in the First Information Report that, as per the directions issued by the Hon'ble Apex Court, in order to prevent sexual offences against women, children and 3 others, the Central Government in the year 2018 opened a separate Cyber Crime Prevention against Women and Children (CCPWC), National Cyber Crime Portal (NCCRP)/National Centre for Missing and Exploited Children (NCMEC). In respect of State of Karnataka, the complaints related to cyber crimes were sent in the form of portal/CD to the CID wing through NCRB. The information collected by NCMEC regarding sexual crimes committed against children are sent through NCRB every month, in the form of CD under the caption 'Cyber Tipline'.
It is further stated that, after receiving the Cyber Tipline complaints and analyzing the secret information and collecting information from the concerned service provider, the entire information along with necessary documents were received by the CID.
It is further stated that on a preliminary enquiry, CID has found the address of the petitioner and his mobile No.6361617475. Thereafter on receiving the CD sent by the CID., containing obscene videos of children and other 4 information, suo motu case was registered against the petitioner.
6. Learned counsel for the petitioner would vehemently contend that the petitioner is innocent and he has not committed any offence as alleged. He submits that there are no prima facie facts indicating as to which of the alleged acts are attributed to the petitioner or committed by him, as per the material found in the alleged CD which according to the respondent/Police contained incriminating details of the act alleged. He submits that the respondent/Police have registered the case for the sake of statistic. He further submits that the offence is alleged to have taken place on 01.06.2019 and there is an inordinate delay in lodging the complaint. There are no ingredients of any of the offences as alleged are made out. There is no direct or circumstantial evidence so as to connect the petitioner with the case.
7. The learned counsel for the petitioner would also submit that the petitioner is a respectable citizen discharging his duties as a Principal of Mahatma P.U. College, Harohalli. There are no criminal antecedents and in the event of his 5 arrest he will be put to great hardship. Hence, he submits that the petitioner may be released on bail.
8. The learned HCGP contends that the offences alleged are punishable with imprisonment for a period of 5 years. The act committed by the petitioner has to be investigated. The petitioner has been served with a notice for his appearance before the Investigating Officer for the purpose of enquiry. Since the investigation is still under progress, the petitioner is not entitled for the relief he has sought and accordingly, seeks to reject the petition.
9. The offences alleged against the petitioner are under Sections 67 and 67(B) of the Information Technology Act. The offences are not punishable either with death or imprisonment for life. At this stage, it cannot be said that the petitioner has committed the offences as alleged in the First Information Report. It is stated that the petitioner is working as a Principal. The Police have served him with a notice dated 09.07.2020. The petitioner therefore apprehends that he may be arrested in the guise of an enquiry. Considering the facts and circumstances, I am of the view that the petitioner 6 is entitled to the relief sought for by him. Hence the following:
ORDER The petition is allowed.
In the event of arrest of the petitioner in Crime No.9/2020 of CEN Crime Police Station, Ramanagara, registered for the offences punishable under Sections 67 and 67(B) of the Information Technology Act, he shall be released on bail, subject to the following conditions:
1) The petitioner shall appear before the Investigating Officer within a period of 2 [two] weeks from the date of receipt of a copy of this order and he shall execute a personal bond in a sum of Rs.1,00,000/-
[Rupees One Lakh only] with one surety for the likesum.
2) The petitioner shall co-operate with the investigation and he shall appear before the Investigating Officer as and when required for the purpose of investigation. 7
3) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly.
4) The petitioner shall furnish his correct address and shall intimate change of address, if any.
Sd/-
JUDGE Ksm*