Karnataka High Court
Akshay @ Arjun vs State Of Karnataka on 16 May, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:17452
CRL.P No. 4163 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL PETITION NO. 4163 OF 2024
BETWEEN:
1. AKSHAY @ ARJUN
S/O BHEEMARAJ H.
AGED ABOUT 23 YEARS
#8, LOKESHREDDY BADAVANE
BIDARAKERE ROAD
JAGALURU-578 528
DAVANAGERE DISTRICT.
...PETITIONER
(BY SRI. BALU MAHENDRA Y.H., ADVOCATE)
AND:
Digitally signed 1. STATE OF KARNATAKA
by DEVIKA M BY SOUTH CEN CRIME POLICE STATION
Location: HIGH BANGALORE (REPRESENTED BY SPP)
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. WAHEED M.M. HCGP.)
THIS CRL.P. IS FILED U/S.438 OF CR.P.C., PRAYING TO
ENLARGE THE PETITIONER ON ANTICIPATORY BAIL, WHO IS IN
APPREHENSION OF ARREST, WHO IS ACCUSED IN CRIME
No.593/2024 REGISTERED BY SOUTH CEN CRIME POLICE
STATION BANGALORE CITY FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 384, 511 OF IPC READ WITH 67(A) OF
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NC: 2024:KHC:17452
CRL.P No. 4163 of 2024
INFORMATION TECHNOLOGY ACT, NOW THE FILE PENDING
BEFORE THE XLV ADDL. CHIEF METROPOLITAN MAGISTRATE,
BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner/accused on bail in the event of his arrest in respect of Crime No.593/2024 registered by CEN Crime Police Station, Bangalore City for the offence punishable under Sections 384, 511 of IPC and Section 67(A) of Information Technology Act, 2008 (' the I.T Act' for short).
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that the complaint was given by the complainant making an allegation against this petitioner that he had made a request through instagram and she accepted the request and started chatting with her and he -3- NC: 2024:KHC:17452 CRL.P No. 4163 of 2024 also started asking her nude pics by harassing her. She has shared the nude pics to him through instagram after which he started blackmailing her to send the money of Rs.1,00,000/- to him or else he will share her nude pictures with her family and friends. As a result he has mentally harassed and tortured her with a nude pics and hence she requested to take action against him. The police after receiving the complaint, registered the complaint and invoked the offence under Section 67(A) of I.T Act, 2008 and Sections 384 and 511 of IPC. The matter is under investigation.
4. The counsel appearing for the petitioner would submits that a false allegation is made against the petitioner and petitioner has not indulged in any such act of sharing the same to her family and friends. Even not having any nude picture of her also and it is not a case that he had shared the nude pics of her to her family and any friends. Even the petitioner is ready to co-operate with the investigation.
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NC: 2024:KHC:17452 CRL.P No. 4163 of 2024
5. Per Contra, the counsel appearing for the State would contend that the complainant is a lady and this petitioner had indulged in harassing her having collecting the nude picture of her and blackmailing her and demanding for money. It is a clear case of extortion since he is demanding the money as well as blackmailing her and hence the petitioner is not entitled for anticipatory bail.
6. Having heard the counsel for petitioner and also the counsel appearing for the respondent/State as well as considering the contents of the complaint, the allegation made in the complaint is only with regard to the harassment in the instagram. The complainant herself has stated that she has got an instagram friend and shared nude pictures to him and he is blackmailing her. Having taken note of the contents of the complaint as well as the offences are not triable by Sessions Court, the same is triable by the Magistrate Court and also no allegation of sharing of her picture either in social media or in any mode. Hence, it is a fit case to exercise the discretion to -5- NC: 2024:KHC:17452 CRL.P No. 4163 of 2024 grant the relief of anticipatory bail subject to condition that the petitioner has to co-operate with the investigating officer to investigate the matter and imposing certain conditions to safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER The petition is allowed. Consequently, the petitioner/accused shall be released on bail in the event of his arrest in connection with Crime No.593/2024 registered by CEN Crime Police Station, Bengaluru City, for the offence punishable under Sections 384 and 511 of IPC and Section 67(A) of Information Technology Act, subject to the following conditions:-
(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) with two -6- NC: 2024:KHC:17452 CRL.P No. 4163 of 2024 sureties for the like-sum to the
satisfaction of the concerned Investigating Officer.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for.
(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.
(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a -7- NC: 2024:KHC:17452 CRL.P No. 4163 of 2024 period of three months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE RHS List No.: 1 Sl No.: 90