IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.8495/2018 BETWEEN:
SRI. HARISHA POOJARY S/O. ACHUTHA POOJARY AGED ABOUT 37 YEARS R/AT NOOJI HOUSE, ILLANTHILA VILLAGE BELTHANGADY TALUK, D.K.
PIN: 576 201 … PETITIONER [BY SRI. RAJARAM SOORYAMBAIL, ADVOCATE] AND:
THE STATE OF KARNATAKA UPPINANGADY P.S., PUTTUR TALUK, D.K. DIST., REP. BY PUBLIC PROSECUTOR MANGALURU D.K., PIN: 576 301 REP. BY SPP, BANGALORE – 1 HIGH COURT BUILDING … RESPONDENT [BY SMT. NAMITHA MAHESH B.G., HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.240/2018 REGISTERED BY UPPINANGADI POLICE STATION, D.K., FOR THE OFFENCES P/U/S. 417, 354[D], 509, AND 506 R/W. 149 OF IPC AND SECTION 67[A] OF I.T. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Petitioner is Accused No.7 in Crime No.240/2018 of Uppinangadi Police Station. The petitioner and six others were charge sheeted in the said case for the offences punishable under sections 417, 354[D], 509 and 506 r/w. section 149 of IPC and section 67A of the Information Technology Act, 2008.
2. It is alleged that Accused No.1 luring CW.1 [the victim] of love obtained her sexually explicit photographs and circulated them to Accused Nos. 2 to 7. It is further alleged that Accused Nos.1 to 7 further circulated those photographs to others.
3. The allegations of initially obtaining photographs and circulating them are against Accused No.1. The allegations against Accused Nos. 2 to 7 are that they further circulated them. This Court in Criminal Petition No.7144/2018 has granted anticipatory bail to Accused No.5 on 7.12.2018. It is submitted that Accused No.1 also has been granted bail.
4. The maximum punishment prescribed under section 67 of the Information Technology Act, 2008 is imprisonment for five years. Under these circumstances, it is a fit case to grant anticipatory bail. Therefore, the petition is allowed.
The petitioner/accused No.7 is granted anticipatory bail in Crime No.240/2018 of Uppinangadi Police Station. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
AN/-
Sd/- JUDGE