Karnataka High Court
Sri Tejas Gowda V N vs The State Of Karnataka on 6 September, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6th DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.5681/2019
BETWEEN:
SRI. TEJAS GOWDA V.N.,
S/O V.NAGARAJ,
AGED ABOUT 19 YEARS,
R/AT 112, RAVUGODLU,
BOLARE POST, KANAKAPURA ROAD,
BANGALORE - 560 082. ...PETITIONER
(BY SRI. DAYANANDA HIREMATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SHO, KONANAKUNTE POLICE STATION,
BANGALORE, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE - 560 001. ...RESPONDENT
(BY SRI. HONNAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.205/2019 OF KONANAKUNTE POLICE STATION,
BENGALURU CITY FOR THE OFFENCE P/U/SS.354, 354-D, 384
R/W SEC.34 OF IPC AND SEC.15 AND 17 OF POCSO ACT 2012
AND SEC.67 OF INFORMATION AND TECHNOLOGIES ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
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ORDER
Heard and perused the records.
2. The brief facts of the case of the prosecution is that the police have registered a case in Crime No.205/2019 of Konanakunte police station for the offence under Sections 15,17 of the Protection of Children from Sexual Offences Act, 2012; under Section 67 of the Information Technology Act 2000 and Sections 354, 354(D), 384 r/w.34 of IPC, 1860 on the complaint lodged by the victim girl aged about 17 years.
3. The allegations are that A1 by name Harshapande was persuading the victim girl that he fell in love with her and asked her to love him also. He has taken some photographs of the victim girl with her male friend and has threatened her stating that he would show the said photos to her family members and state that they are in love with each other. Further, instructed her stating that if the said photo is to be deleted, the victim girl has to send a nude video of herself to him (A1) and he would delete the same 3 after he watching it. Heeding to his words, the victim girl has sent her nude video. It appears A1 has deleted the earlier photograph said to be of the victim girl with another person. It is also alleged that A1 has transmitted the nude video to his friends wherein the petitioner herein (A4) is one among them. It is further alleged that they all demanded an amount of Rs.4,00,000/- for the purpose of deleting the said nude video of the victim girl.
4. Looking to the above said circumstance, what was the necessity for the girl to send her nude video to A1 when there was no such photograph of her with A1 is to be established during the course of investigation. Any way, the police have already arrested petitioner (A4), a friend of A1, interrogated him and he has been sent to judicial custody and that he is no more required for any further investigation. Under the above said circumstance, in my opinion, the petitioner, has made out a case for grant of bail particularly under Section 439 of IPC. Hence, the following :
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ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.205/2019 of Konanakunte Police Station, registered for the offence punishable under Sections 15,17 of The Protection of Children from Sexual Offences Act, 2012; under Section 67 of The Information Technology Act 2000 and Sections 354, 354(D), 384 r/w.34 of IPC, 1860 subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-(One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior 5 permission of the court till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in 15 days in the concerned police station fill the filing the final report.
Sd/-
JUDGE rs