Allowed¶28

Isak S/O. Modinsab Jamadar v. the State of Karnataka

Karnataka HC5 Feb 2025CRL.P/100521/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings under S.67(B) IT Act for alleged uploading of pornographic videos involving minors on Instagram; unexplained delay of nearly one year between incident (09.02.2022) and FIR (02.01.2023); absence of material evidence; mere allegations insufficient; continuation held to be abuse of process; CRL.P No.100521 of 2025, High Court of Karnataka, Dharwad Bench, Hemant Chandangoudar J., decided 05.02.2025.

What did the court decide?

Petition allowed; the impugned proceedings in CC No.211/2023 pending on the file of the Prl. Senior Civil Judge and CJM, Bagalkot, insofar as they relate to the petitioner-accused, stand quashed. ¶28

Isak S/O. Modinsab Jamadar Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:2245 CRL.P No. 100521 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF FEBRUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100521 OF 2025 (482(Cr.PC)/528(BNSS))

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BETWEEN:

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ISAK S/O. MODINSAB JAMADAR AGE. 21 YEARS, OCC. COOLIE, R/O. WARD NO.3, BEPARI GALLI, MUDHOL-587313, TQ. MUDHOL, DIST. BAGALKOT.

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…PETITIONER

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(BY SRI. N.L.BATAKURKI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY PSI CEN POLICE STATION, BAGALKOT-587103, TQ. AND DIST. BAGALKOT, REP. BY SPP, HIGH COURT BUILDING, DHARWAD.

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…RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE)

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B K MAHENDRAKUMAR Digitally signed by B KMAHENDRAKUMAR Location: High Court ofKarnataka, Dharwad BenchDate: 2025.02.07 11:09:20 +0530

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, ADMIT THE PETITION AND QUASH THE IMPUGNED ORDER DATED 04.11.2023 OF ISSUANCE OF PROCESS AGAINST THE PETITIONER/ACCUSED HEREIN FOR THE OFFENCES P/U/SEC. 67 (B) OF IT ACT BY THE PRL. SENIOR CIVIL JUDGE AND CJM BAGALKOT IN CC NO. 211/2023 AND ALSO QUASH THE CHARGE SHEET FILED BY RESPONDENT HEREIN AGAINST PETITIONER HERE IN BAGALKOT CEN PS CR.NO.1/2023.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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NC: 2025:KHC-D:2245 CRL.P No. 100521 of 2025

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ORAL ORDER

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The learned Additional Government Advocate accepts notice for the respondent-State.

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The petitioner/accused is being prosecuted for the offence punishable under Section 67(B) of the Information Technology Act, 2000.

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The prosecution alleges that the petitioner/accused uploaded pornographic videos involving a minor girl and boy on Instagram.

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Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State.

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The alleged incident took place on 09.02.2022, whereas the FIR was lodged nearly a year later, on 02.01.2023, without any plausible explanation for the delay. Moreover, the prosecution has failed to produce any material evidence to substantiate that the petitioner/accused uploaded the alleged pornographic video on Instagram. Mere allegations, without supporting material, cannot form the basis for prosecution.

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In view of the foregoing, the continuation of criminal proceedings against the petitioner/accused would amount to an abuse of the process of law. Accordingly, I pass the following:

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ORDER

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i) The petition is allowed .

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NC: 2025:KHC-D:2245 CRL.P No. 100521 of 2025

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ii) The impugned proceedings in CC No.211/2023 pending on the file of Prl. Senior Civil Judge and CJM Bagalkot, insofar as it relates to the petitioner – accused stands quashed.

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Sd/(HEMANT CHANDANGOUDAR)

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JUDGE

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AC Ct:vh List No.: 1 Sl No.: 29

Isak S/O. Modinsab Jamadar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Isak S/O. Modinsab Jamadar v. the State of Karnataka

Case brief

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What the court decided

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