Karnataka High Court
H V Puttaraju vs State Of Karnataka on 5 June, 2024
-1-
NC: 2024:KHC:19348
CRL.P No. 4499 of 2024
C/W CRL.P No. 4505 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 4499 OF 2024
C/W
CRIMINAL PETITION NO. 4505 OF 2024
IN CRL.P.4499/2024
BETWEEN:
H V PUTTARAJU,
(WRONGLY MENTIONED IN
BAIL ORDER AS PUTTARAJU @ PUTTI)
S/O LATE H T VENKATESH
AGED ABOUT 55 YEARS
R/AT. NO.1773, WARD 14,
KOTE, DASAGOWDARA BEEDI,
HOLENARASIPURA CITY,
HOLENARASIPURA TALUK,
Digitally signed
by BHARATHI S HASAN DISTRICT - 573 211
Location: high ...PETITIONER
court of (BY SRI. M. SHARASS CHANDRA, ADVOCATE)
karnataka
IN CRL.P.4505/2024
BETWEEN:
KARTHIK N
(WRONGLY SHOWN IN THE
FIR AS KARTHIK)
S/O NAGESHA,
AGED ABOUT 34 YEARS,
(WRONGLY SHOWN IN BAIL
ORDER AS 40 YEARS)
R/AT: NO.140,
KADUVINAKOTE VILLAGE,
HALEKOTE HOBLI,
HOLENARASIPURA TALUK,
HASSAN - 573 211.
...PETITIONER
(BY SRI. M. SHARASS CHANDRA, ADVOCATE)
-2-
NC: 2024:KHC:19348
CRL.P No. 4499 of 2024
C/W CRL.P No. 4505 of 2024
AND:
STATE OF KARNATAKA BY
HASSAN CEN CRIME P.S.
(REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001)
... COMMON RESPONDENT
(BY SRI. .B.N. JAGADEESHA, A.S.P.P.,)
THESE CRIMINAL PETITIONS ARE FILED U/S 438 CR.PC
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF
HIS ARREST IN THE CR.NO.33/2024 REGISTERED HASSAN CEN
CRIME POLICE STATION, HASSAN DISTRICT FOR THE OFFENCE
P/U/S 171G OF IPC AND U/S 67(A) OF I.T. ACT, PENDING ON THE
FILE OF 2ND ADDL. CIVIL JUDGE (SR.DN.) AND JMFC COURT,
HASSAN DISTRICT.
THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
Petitioner-accused No.3 in Crl.P.No.4499/2024 and petitioner- accused No.2 in Crl.P.No.4505/2024 are before this Court seeking grant of anticipatory bail in Crime No.33/2024 of Hassan Police Station, pending on the file of the learned II Addl. Civil Judge (Sr.Dn) and JMFC court, Hassan District registered for the offences punishable under Sections 67(A) of Information Technology Act, 171G of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Poornachandra Tejaswi.
2. Heard Sri. M.Sharass Chandra, learned counsel for the petitioners and Sri. B.N.Jagadeesha, learned Additional Special Public -3- NC: 2024:KHC:19348 CRL.P No. 4499 of 2024 C/W CRL.P No. 4505 of 2024 Prosecutor for the respondent-State. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioners are entitled for grant of bail under Section 438 of Cr.P.C.?"
My answer to the above point is in 'negative' for the following:
REASONS
4. Petitioners in both the petitions being accused Nos.2 and 3 are seeking grant of anticipatory bail for having apprehension of being arrested. The informant has filed the complaint against accused Nos.1 to 8 making allegations that they have conspired and assaulted the victim. In view of Lok Sabha election in order to influence the voters and blackmail the victims and also for the purpose of extracting money, distributed the pen drive, shared the morphed photos and videos through the social media account of accused No.1. It is stated that these petitioners being accused Nos.2 and 3 were in possession of original pen drive, which requires them to be subjected for interrogation.
-4-
NC: 2024:KHC:19348 CRL.P No. 4499 of 2024 C/W CRL.P No. 4505 of 2024
5. Learned Additional Special Public Prosecutor submits that by using these morphed photos and videos, the accused have extracted money from the victim, which made them to leave their house, which resulted in losing their livelihood. The effect of acts of the accused is said to be very serious. It is the specific contention of the prosecution that the petitioners are required for custodial interrogation for the purpose of recovery of material object. Hence, I am of the opinion that the petitioners are not entitled to be released on anticipatory bail.
6. Accordingly, I answer the above point in the negative and proceed to pass the following:
ORDER The Crl.P.No.4499/2024 and Crl.P.No.4505/2024 are dismissed.
Sd/-
JUDGE BH List No.: 1 Sl No.: 32