This judgment grants anticipatory bail to the petitioner under Section 438 Cr.P.C. in a challa case registered for uploading porn videos of a minor girl, imposing standard bail conditions.
Interim release on personal bond with one surety for Rs. 50,000, available for interrogation, and not repeating the offence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 100779 OF 2023 (438-)
BETWEEN:
SHRI. VEERESHAYYA S/O ESHWARAYYA AGE. 27 YEARS, OCC. AGRICULTURE, R/O. WARD NO.2, SIDDAPUR, TQ. GANGAVATHI, DIST. KOPPAL. PIN CODE. 583227.
…PETITIONER
(BY SRI. S. B. MALAGOUDAR, ADVOCATE)
AND:
SAMREEN AYUB DESHNUR High Court of Karnataka, Dharwad
THE STATE OF KARNATAKA THROUGH PSI CEN POLICE STATION, KOPPAL, REPTD. BY ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARANTAKA, DHARWAD.
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ALLOW THE PRESENT CRIMINAL PETITION BY ENLARGING THE PETITIONER/ACCUSED ON BAIL IN EVENT OF HIS ARREST ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN CEN KOPPAL PS CRIME NO. 19/2022 FOR THE OFFENCES P/U/SEC. 67(B) OF IT ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard on bail application.
Police Station Koppal have registered the case in Crime No.19/2022 against the accused for the commission of offence punishable under Section 67(B) of Information Technology Act (for short ‘I.T Act’).
age and occupation of the petitioner, it is just and proper
to allow the application and enlarge the petitioner on bail
on certain condition. Accordingly, I pass the following:
ORDER
The bail application filed under Section 438 of Cr.P.C. is allowed. The petitioner shall be released on bail, in the event of his arrest, in connection with Crime No.19/2022 of CEN Police Station, Koppal, subject to condition that,
(d) the petitioner shall not commit similar
offence.
(Sd/-) JUDGE
SMM List No.: 1 Sl No.: 29
2 issues framed by the court
Whether to allow anticipatory bail to the petitioner facing charges under Section 67(B) of the Information Technology Act.
Whether the petitioner has sufficient cause to apprehend arrest given the nature of the alleged offence and lack of notice under Section 41(A).
3 provisions across 2 enactments
SHRI. VEERESHAYYA
SAMREEN AYUB DESHNUR
THE STATE OF KARNATAKA
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
