Karnataka High Court
Annappa Uppar S/O. Krishna Uppar vs The State Of Karnataka on 23 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102538 OF 2022
BETWEEN:
ANNAPPA UPPAR S/O. KRISHNA UPPAR,
AGE: 37 YEARS, OCC: COOLIE,
R/O. NO.3023, KARKIKODI,
HONNAVAR, DIST. UTTARA KANNADA-581334.
...PETITIONER
(BY SHRI SHIVA SHIRUR., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH HONNAVAR POLICE STATION,
NOW R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT DHARWAD-580001.
...RESPONDENT
(BY SHRI PRASHANTH V.MOGALI., HCGP)
***
Digitally signed
by ROHAN
THIS CRIMINAL PETITION IS FILED U/SEC.438 OF CR.P.C,
HADIMANI T
ROHAN Location: HIGH
HADIMANI
T
COURT OF
KARNATAKA
DHARWAD
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON
Date:
2022.09.26
15:07:35 +0530
ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME
NO.272/2022 OF HONNAVARA POLICE STATION REGISTERED FOR
THE OFFENCES PUNISHABLE U/SEC. 385, 387, 120(B), 506 READ
WITH SECTION 34 OF IPC 1860, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102538 OF 2022
ORDER
This petition is filed by accused No.2 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.272/2022 of Honnavara Police Station registered for the offences punishable under Sections 385, 387, 120(B) and 506 read with Section 34 0f Indian Penal Code, 1860, (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, complainant is resident of Honnavar taluk and he is running a hotel and cement shop. That on 25.07.2022 at 11:30 a.m, when the complainant was in his cement shop at that time, one unknown person came to his shop by wearing a helmet and kept a cover on his table and went away from the shop and after 5 minutes, the complainant received phone from 7620577498 and informed -3- CRL.P No. 102538 OF 2022 him to open the cover and asked to read a letter written to the complainant, which contains that, he has the nude photos and memory card containing nude pictures of complainant's daughter and to return those pictures, he has demanded Rs.50,00,000/- failing which, those pictures will be uploaded in Instagram and Facebook and disconnected the call. The complainant opened the cover and found a letter and nude pictures of his daughter and a letter containing that, the police cannot trace him and to save the family reputation he has to pay the said amount within 3 days and collect the memory card and photos. The said unknown person on 07.08.2022 called repeatedly from No.7620577498 to the complainant and demanded Rs.25,00,000/-. The said complaint came to be registered in Crime No.272/2022 by Honnavara Police Station for the offences punishable under Sections 506 and 385 of IPC. -4-
CRL.P No. 102538 OF 2022 During the investigation on 09.08.2022, the investigating officer arrested accused Nos.1 and 3 and on enquiry, they revealed that this petitioner- accused No.2 is the source of said nude photos of the complainant's daughter and he is also involved in conspiracy to extort money from the complainant. The petitioner who is arrayed as accused No.2 apprehending his arrest has filed Criminal Miscellaneous No.348/2022 seeking anticipatory bail and the same came to be rejected by learned Prl. District and Sessions Judge, Uttara Kannada, Karwar vide order dated 24.08.2022. Therefore, the petitioner-accused No.2 is before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
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CRL.P No. 102538 OF 2022
4. It would be the contention of learned counsel for the petitioner that, the petitioner is innocent and he has been implicated only on the statement of accused No.1. It is his further submission that accused Nos.1 and 3, who were arrested have been granted bail. It is his further submission that petitioner-accused No.2 is ready to cooperate with the police in the investigation. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that, the investigation is still in progress and contents of the remand application reveal that, the petitioner found nude photos of the daughter of the complainant in a laptop which he was repairing and he conspired with accused Nos.1 and 3 to extort money from the complainant. It is his further submission that the accused persons have demanded Rs.50,00,000/- from the complainant -6- CRL.P No. 102538 OF 2022 and thereafter, reduced it to Rs.25,00,000/-. It is his further submission that accused No.1 is having criminal antecedents. It is his further submission that if the petitioner-accused No.2 is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses and flee from justice. It is his further submission that the petitioner is required for his custodial interrogation to recover the laptop and other instruments used by him to retrieve the nude photos of daughter of the complainant. It is his further submission that one of the offence alleged against the petitioner- accused No.2 is under Section 387 of IPC, punishable with imprisonment for 7 years. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the averments of complaint, -7- CRL.P No. 102538 OF 2022 F.I.R, remand application and the order passed by Sessions Court.
7. Accused Nos.1 and 3 who were arrested by the investigating officer have admitted that they have sent letter and nude photos of the complainant's daughter to the complainant by demanding money of Rs.50,00,000/- and they have stated that the said nude photos were found by this petitioner-accused No.2 in a laptop which came to his shop for repair. It is also stated that all accused Nos.1 to 3 conspired together to extort money from the complainant. This petitioner- accused No.2 is the source of the obscene/nude pictures of the informant's daughter, which have been used for blackmailing the informant seeking a ransom of Rs.50,00,000/-. This petitioner-accused No.2 has conspired with accused Nos.1 and 3 and sent the said nude pictures in an envelope with a -8- CRL.P No. 102538 OF 2022 letter through accused No.3 to the informant and thereafter has made a phone call.
8. The offence alleged against this petitioner-accused No.2 under Section 387 of IPC is provided with punishment of imprisonment for a period of 7 years. The petitioner is required for investigation. The laptop and other instruments which are used by this petitioner for retrieving photos of the daughter of the complainant are required to be seized at his instance. If the petitioner-accused No.2 is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. Therefore, the petitioner-accused No.2 is not entitled for grant of anticipatory bail.
9. Hence, the Criminal Petition is dismissed.
Sd/-
JUDGE AM