IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7292 OF 2019 BETWEEN :
SRI. ANTONY FERNANDES @ ANTHONY, S/O. JOHN PETER, AGED ABOUT 19 YEARS, C/O. VENKATESHACHAR’S, RENTED HOUSE, NEAR KIDS CORNER, RAJEEV GANDHI ROAD, SARAKKIGARDEN, J.P. NAGAR 6TH PHASE, BENGALURU-560 072.
(BY SRI. R. HARINATH, ADV.,) AND :
STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION, REPTD., BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BENGALURU-560 001.
... PETITIONER ... RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.205/2019 (SPL.C.C. NO.1014/2019) REGISTERED BY KONANAKUNTE POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 15 AND 17 OF POCSO ACT AND SECTION 67 OF I.T. ACT AND SECTION 354(D) AND 384 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. Petitioner is arraigned as Accused No.3 in Crime No.205/2019 for the offence punishable under Sections 354, 354(D) and 384 r/w Section 34 of IPC and Sections 15 and 17 of POCSO Act and Section 67 of the Information Technology Act, 2000.
3. Accused Nos.1, 4 and 5 have already been released on bail by this Court in Crl.P.No.5681/2019, Crl.P.No.5559/2019 and Crl.P. No.6281/2019.
4. The brief allegations are that, when the complainant was studying in I PUC, one Harshapande, accused No.1 was always following her and forcing her to love him. It is alleged that when she was talking with one Shashi Kumar, accused No.1 has taken photographs and threatened her that he would send those photographs to her father making gossip that she was in love with the said Shashi Kumar. It is further alleged that he demanded her to send her nude videos for the purpose of deleting the earlier photographs and also threatened her in the above such manner. Therefore, it is alleged that she sent her nude video to him, but accused No.1 has sent the same to accused Nos.2 to 5 who are his friends. It is further contended that accused No.2 has demanded an amount of Rs.4,00,000/- i.e., Rs.1,00,000/- each to accused Nos.2 to 5 for the purpose of deleting the said nude videos.
5. On the basis of such information, the police have registered a case. On perusal of the allegations it could be seen that when accused had no photograph or videograph of the complainant, except the photograph in which she was talking with one Shashi Kumar, whether at this stage, it could be believed that for the purpose of deleting the said photograph she could have sent the nude photo or nude video to accused No.1 and on the basis of that the accused persons have demanded Rs.1 Lakh each from the father of the complainant. The said aspect has to be proved beyond reasonable doubt before the Trial Court during the course of full dressed trial. Similar allegations were made against other accused persons who are already released on bail. Therefore, on facts and also on the ground of parity, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No.205/2019 of Konanakunte Police Station registered for the offence punishable under Sections 354, 354(D) and 384 r/w Section 34 of IPC, 1860, Sections 15 and 17 of Protection of Children from Sexual Offences Act, 2012 and Section 67 of Information & Technology Act, 2000, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (One lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall not indulge in tampering the prosecution witnesses;
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause; and (iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE Snc