Allowed

Sri Subramani v. the State of Karnataka

Karnataka HC1 Oct 2024CRL.P/9504/2024

Case brief

AI extract

What is this about?

Accused sought regular bail in a POCSO/IT Act case over messages sent to a minor victim's Instagram account. The court noted the limited allegation, maximum punishment of five years and completed victim statement, and allowed bail with conditions including bond, sureties and non-tampering.

What did the court decide?

Petitioner enlarged on bail in Crime No.110/2024 on personal bond of Rs.1,00,000 with two sureties, subject to conditions of appearance, non-tampering and non-repetition.

Sri Subramani Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:40829 CRL.P No. 9504 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9504 OF 2024

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BETWEEN:

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SRI. SUBRAMANI, S/O VENKATAPPA, AGED ABOUT 29 YEARS, R/A SRINIVASAPURA VILLAGE, KYASAMBALLI HOBLI, KOLAR DISTRICT 563 121

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…PETITIONER

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(BY SRI. NANJUNDA GOWDA D.R., ADVOCATE)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA, BY BETHAMANGALA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560 001

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…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; NOTICE TO R2 SERVED AND HELD SUFFICIENT)

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.110/2024 OF BETHAMANGALA P.S. WHICH IS NOW PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE FTSC I (POCSO) AT KOLAR FOR THE OFFENCE P/U/S 67(B) OF I.T. ACT AND SEC.12,17 OF POCSO ACT AND SEC.351(3) OF BNS ACT.

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NC: 2024:KHC:40829 CRL.P No. 9504 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No.110/2024 registered by Bethamangala Police Station, KGF for offences punishable under Sections 67(B) of Information Technology Act, 2008, Sections 12 and 17 of Protection of Children from Sexual Offences Act, 2012 and Section 351(3) of BNS Act, 2023 is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1-State.

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Respondent No.2 who is served in the matter has remained unrepresented before this Court.

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F.I.R. in Crime No.110/2024 was registered by

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Bethamangala Police Station, KGF against the petitioner and two others for the aforesaid offences, on the basis of the first information dated 04.08.2024 received from respondent No.2, who is the mother of the victim girl. During the course of investigation, petitioner who was arraigned as accused No.1 in the F.I..R., was arrested on 04.08.2024 and remanded to

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NC: 2024:KHC:40829 CRL.P No. 9504 of 2024

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judicial custody. Bail application filed by the petitioner before the trial Court in Crime No.110/2024 was rejected on 28.08.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner has no other criminal antecedent. Maximum punishment for the alleged offence is imprisonment for a period of five years. Major portion of the investigation is already completed. The only allegation against the petitioner is that he had forwarded certain message to the instagram account of the victim girl. Accordingly, he prays to allow the petition.

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Per contra, the learned HCGP has opposed the bail petition on the ground that investigation in the case in under progress.

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In the first information dated 04.08.2024 submitted

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by the mother of the victim girl, it is stated that her minor daughter who was studying in 9^th Standard on 02.08.2024 had received message from the mobile phone of the petitioner asking her to come out of the house. The first informant's sister's son Chandu after seeing the said message had enquired with the victim girl, who informed him that petitioner herein

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NC: 2024:KHC:40829 CRL.P No. 9504 of 2024

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was sending messages to her instagram account for the last one month. When the instagram account of the victim girl was checked, it was found that petitioner had sent message in English, which reads as follows:

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"KISS AND HUG, PHOTO PLEASE, NEEDHE PHOTO"

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It is in this background mother of the victim girl had approached the Police and submitted first information dated 04.08.2024 which has resulted in registering F.I.R., in the present case against the petitioner and others for the alleged offences. Petitioner was arrested in the said case on 04.08.2024 and remanded to judicial custody. The maximum punishment for the alleged offences is imprisonment for a period of five years. The statement of the victim girl was recorded before the jurisdictional Magistrate during the course of investigation. Even in the said statement victim girl has only stated that petitioner has forwarded her the aforesaid messages and nothing more. Having regard to the nature of the allegations found as against the petitioner and also considering that the maximum punishment for the alleged offences is imprisonment for a period of five years, I am of the opinion

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NC: 2024:KHC:40829 CRL.P No. 9504 of 2024

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that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime No.110/2024 registered by Bethamangala Police Station, KGF for offences punishable under Sections 67(B) of Information Technology Act, 2008, Sections 12 and 17 of Protection of Children from Sexual Offences Act, 2012 and Section 351(3) of BNS Act, 2023 subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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NC: 2024:KHC:40829 CRL.P No. 9504 of 2024

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d) The petitioner shall not involve in similar offences in future.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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GPG List No.: 1 Sl No.: 37

Sri Subramani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Subramani v. the State of Karnataka

Case brief

What is this about?

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