IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5210 OF 2019 BETWEEN:
VENKATESH.P AGED ABOUT 32 YEARS S/O.POONUSWAMY.G R/A.TNO.27, 6TH CROSS 43-A, BUS STOP OPP.KATHRIGUPPE VIVEKANANDANAGAR BENGALURU – 560 085.
(BY SRI.GANESHA G.G., ADV.,) AND:
STATE BY CHANNAMMANAKERE ACHUKATTU POLICE STATION REPRESENTED BY STATE PUBLC PROSECUTOR HIGH COURT COMPLEX BANGALORE – 560 001.
(BY SRI.K.P.YOGANNA, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.153/2019 OF CHANNAMMANAKERE ACHUKATTU POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 67(A) OF INFORMATION TECHNOLOGY ACT 2000, AND U/S.354(A), 504, 506, 509, 354(D), 354 OF IPC.
THIS CRIMINAL 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. A complaint came to be lodged by the complainant (victim girl) aged 19 years. It is stated that she was studying in I.P.S. College in 2nd year Engineering, at that time, the petitioner came in contact with her and requested her to love him and because of his persuasions, she had fallen in love with him and thereafter, it appears that they went to various places. This was not brought to the notice of the father and mother of the victim by her. It is stated that the said Venkatesh started suspecting the victim when she was talking with her friends and in this context he abused her in filthy language. It is further stated that when they were together, the petitioner has taken many photographs and uploaded the same to the instagram account of the petitioner and he has also threatened her with dire consequences. The police have registered a case in Crime No.153/2019 for the offence under Section 67(A) of Information Technology Act, 2000 and under Sections 354(A), 504, 506, 509, 354(D), 354 of IPC. The offences are not punishable seriously with imprisonment for life.
3. Looking to the facts and circumstances of the case, considering the age of the victim girl and petitioner and their conduct through out, in my opinion they might have joined hands with each other and with consent the photographs also might have been taken when they were together. Therefore, under the above said circumstances, in my opinion, it is a fit case to grant bail and the petitioner is required to be enlarged on bail on stringent conditions. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.153/2019 of Channammanakere Achukattu Police Station, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE VMB