Karnataka High Court
V M Chandrashekar S/O Mahalingappa vs The State Of Karnataka on 14 June, 2023
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 101199 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101199 OF 2023
BETWEEN:
V.M. CHANDRASHEKAR S/O MAHALINGAPPA,
AGED ABOUT 52 YEARS,
OCC: EMPLOYED IN PRIVATE SECTOR,
RESIDENT OF DOOR NO.15, WARD NO.6
LOHAR MOHALLA STREET, KAMELA ROAD,
BRUCEPET, BALLARI -583101.
...PETITIONER
(BY SRI. T. HANUMAREDDY, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY THE POLICE INSPECTOR
CYBER ECONOMIC AND NARCOTICS,
CHANDRASHEKAR CRIMES POLICE STATION,
LAXMAN BALLARI, REPRESENTED BY SPP,
KATTIMANI
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
Digitally signed by
CHANDRASHEKAR
DHARWAD -580011.
LAXMAN KATTIMANI ...RESPONDENT
Date: 2023.06.15 (BY SMT. GIRIJA S. HIREMATH, HCGP)
15:36:38 -0700
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF
CR.P.C. SEEKING TO DIRECT THE RESPONDENT POLICE TO
ENLARGE THE PETITIONER/SOLE ACCUSED ON BAIL IN THE
EVENT OF ARREST IN CRIME NO.03/2023 FOR OFFENCE
U/SEC. 67(B) OF THE INFORMATION TECHNOLOGY ACT, 2000
ON THE FILE OF THE CYBER ECONOMICS AND NARCOTICS
CRIME POLICE STATION, BALLARI NOW PENDING ON THE FILE
OF THE 5TH ADDL. JMFC BALLARI.
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CRL.P No. 101199 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri T. Hanumareddy, learned counsel for the petitioner and Smt.Girija S.Hiremath, learned High Court Government Pleader for the respondent- State. Perused the records.
2. The present petition is filed under Section 438 of Cr.P.C. with the following prayer :-
"To direct the respondent police to enlarge the petitioner/sole accused on bail in the event of arrest in Crime No. 03/2023 for offence u/sec. 67(B) of the Information Technology Act, 2000 on the file of the Cyber Economics and Narcotics Crime Police Station, Ballari now pending on the file of the 5th Addl. JMFC Ballari."
3. The brief facts of the case are as under :-
Upon the complaint lodged by Vijay Kumar, a Police Officer, Ballari CEN Crime Police registered a case in Crime No.3/2023 on 17.01.2023 for the -3- CRL.P No. 101199 of 2023 offence punishable U/sec.67(B) of the Information Technology Act, 2000.
4. Gist of the complaint averments reveal that from Cyber Crime and Training Research Centre, Bengaluru, Ballari CEN Police received a written complaint along with compact disk (CD). When the said CD was played, it is noticed that in the instagram account of the petitioner, a video clip is uploaded wherein a major lady had indulged with a minor boy in sexual activity. Based on the same, a case came to be registered against the petitioner from whose account the said video clip has been uploaded. Police are investigating the matter and in the meantime, they have issued notice to the son of the petitioner U/sec.41A of Cr.P.C. to further investigate the matter.
5. The attempt made by the petitioner to obtain an order of anticipatory bail is rejected by the learned District Judge by order dated 03.05.2023 in -4- CRL.P No. 101199 of 2023 Crl.Misc.No.269/2023. Thereafter, the petitioner is before this Court.
6. Sri T.Hanumareddy, learned counsel for the petitioner submitted that though from his instagram account, the said video clip has been uploaded, he is innocent of the alleged offence as somebody else has operated his instagram account and therefore sought for grant of anticipatory bail.
7. He also pointed out that the police have summoned the son of the petitioner which shows that it is the son of the petitioner or somebody else who is responsible for the alleged act and sought for grant of anticipatory bail.
8. Per contra, learned High Court Government Pleader opposes the bail grounds and sought for rejection of the bail petition.
9. Perused the material on record meticulously.
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10. After registering the case, police have taken necessary steps to see that further publication and further sharing of the offensive video clip has been stopped. After registration of the case, police are trying to arrest the petitioner, but they are unsuccessful. Police have also issued a notice to the son of the petitioner U/sec.41A Cr.P.C. Taking note of these aspects of the matter and no progress has been made in the investigation for want of the presence of petitioner, directing the petitioner to join the investigation and co-operate with the investigation agency and to undergo limited period of custodial interrogation to meet the ends of justice in balancing the right of the petitioner as well as the need of investigation agency.
11. Further, even if the offence alleged against the petitioners stands proved, the same is not punishable with death or life imprisonment and therefore, the gravity of the offence has been reduced to considerable extent.
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12. Hence, without further discussion on merits of the matter, following order is passed.
ORDER The criminal petition is allowed subject to the following conditions:
1. The Petitioner is directed to join the investigation by appearing before the Investigation Officer on 23.06.2023 at 10.00 a.m.
2. The Investigation Officer is at liberty to take the petitioner to custody and complete the custodial investigation if any, on the same day before 6.00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum.
3. The petitioner shall co-operate with the Investigating Agency by furnishing his instagram account details including the password and other queries to be made by the investigation agency in proper manner.-7- CRL.P No. 101199 of 2023
4. The petitioner shall not tamper the prosecution witnesses in any manner.
5. The petitioner shall attend the Court regularly and appear before the Investigation agency as and when directed.
6. The petitioner shall mark his attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till the final report is filed or for a period of six months whichever is earlier.
7. The petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner.
8. The petitioner shall not leave the jurisdiction of Ballari District without prior permission.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
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Ordered accordingly.
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JUDGE CLK List No.: 1 Sl No.: 12