Allowed

Sri Basavaraj S/O Rajappa Bhajantri v. State of Karnataka

Karnataka HC19 Feb 2024CRL.P/100450/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by an accused in a cyber crime case alleging he shared an obscene video of a minor girl through his Facebook account. The court noted the maximum punishment of five years and his clean antecedents, and granted bail with conditions including cooperation with investigation.

What did the court decide?

Petitioner to be enlarged on bail in event of arrest in Crime No.15/2023, subject to conditions including personal bond of Rs.1,00,000/- with one surety.

Sri Basavaraj S/O Rajappa Bhajantri Vs State… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC-D:3856 CRL.P No. 100450 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100450 OF 2024 (438)

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BETWEEN:

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SRI BASAVARAJ S/O RAJAPPA BHAJANTRI AGE 28 YEARS, OCC. PRIVATE JOB R/O VANAGERI, TQ. KUSHTAGI, DIST. KOPPAL

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…PETITIONER

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(BY SRI NEELENDRA.D.GUNDE, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY CYBER ECONOMIC NARCOTICS KOPPAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.

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…RESPONDENT

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.20 10:52:00 +0530

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING TO GRANT HIM ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CRIME NO.15/2023 OF CYBER ECONOMIC AND NARCOTICS POLICE STATION KOPPAL, REGISTERED FOR THE OFFNCES PUNISHABLE UNDER SECTION 67(B) OF IT ACT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC-D:3856 CRL.P No. 100450 of 2024

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ORDER

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Accused in Crime No.15/2023 registered by CEN Crime Police Station, Koppal, for the offences punishable under Sections 67(B) of the Information Technology Act, 2000, is before this Court under Section 438 Cr.PC.

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Heard the learned Counsel for the parties.

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FIR in Crime No.15/2023 was registered by the police against the petitioner herein for the aforesaid offence on the report dated 17.11.2023 filed by the Police Head Constable –

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Andanappa attached to CEN Crime Police Station, Koppal. Apprehending arrest in the said case, the bail application filed by the petitioner before the Court of Prl. District & Sessions Judge, Koppal, in Crl. Misc. No.18/2024 was rejected on 16.01.2024. Therefore, he is before this Court.

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Learned Counsel for the petitioner submits that only on

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suspicion, petitioner has been arrayed as an accused in the case. He is ready and willing to cooperate with the police for investigation. Accordingly, he prays to allow the petition.

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3 - NC: 2024:KHC-D:3856 CRL.P No. 100450 of 2024

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Per contra, learned HCGP has opposed the petition.

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From a reading of the informant’s report dated 17.11.2023 which had resulted in registering FIR in Crime No.15/2023, it is seen that the police are suspecting that the petitioner had uploaded the obscene video of a minor girl in social media known as ‘Facebook’. The allegation against the petitioner is that he had shared the said obscene video of the minor girl through his Facebook account. The maximum punishment for the alleged offence is imprisonment for a period of five years. It is not in dispute that the petitioner has no criminal antecedents. He has undertaken before the court to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the petitioner could be granted the relief of anticipatory bail. Accordingly, the following order:

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Petition is allowed. The petitioner is directed to be enlarged on bail in the event of his arrest in Crime No.15/2023 registered by CEN Crime Police Station, Koppal, for the offences punishable under Sections 67(B) of the Information Technology Act, 2000, subject to the following conditions:

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NC: 2024:KHC-D:3856 CRL.P No. 100450 of 2024

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i. Petitioner shall appear before the Investigation Officer at 10.30 a.m. on 01.03.2024 and if necessary, the Investigation Officer is at liberty to take the petitioner into custody for the purpose of interrogation. However, it is made clear that the Investigation Officer shall release the petitioner on the same day on or before 6.00 p.m., subject to petitioner executing a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the Investigating Officer.

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ii. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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iii. Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.

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iv. Petitioner shall co-operate with the Investigating Officer for the purpose of investigation in the case.

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Sd/JUDGE

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KK CT:GSM List No.: 1 Sl No.: 24

Sri Basavaraj S/O Rajappa Bhajantri v. State of Karnataka

Case brief

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Sri Basavaraj S/O Rajappa Bhajantri v. State of Karnataka

Case brief

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