The main legal point established in the judgment is the consideration of bail in cases involving offences under Section 67B of the Information Technology Act, 2000 and Sections 14 and 15 of POCSO Act, taking into account the petitioner's custody, lack of criminal background, and the imposition of conditions to ensure compliance and prevent potential threats or tampering with witnesses.

JUDGMENT

1. This matter is taken up through Video Conference today.

2. Learned counsel Sri.Ismail Muneeb Musba for petitioner and Sri.P.Thejesh, learned HCGP for respondent are present.

3. The petition is filed under Section 439 of Cr.P.C. wherein the petitioner seeks grant of bail in Crime No.2/2020 for the offence punishable under section 67B of the Information Technology Act, 2000 and Sections 14 and 15 of POCSO Act, of the respondent Police Station.

4. The petitioner is stated to be in Judicial Custody since 30.01.2020.

5. The date of complaint is 27.01.2020. He was arrested and remanded to judicial custody on 30.01.2020.

6. Previously, the petitioner had made application before the learned II Additional District and Sessions Judge, Kolar in Cr.No.2/2020 under Section 439 of Cr.P.C. that came to be dismissed on 02.03.2020. Hence, this petition.

7. Copy of the petition is served on learned HCGP for respondent.

8. Heard.

9. The substance of the complaint as could be seen is that complainant is one Muralidhar R.K., S/o M.S.Radhakrishna, residing at C/o Subramani, Tahsildar, 4th Cross, Swarnanagar, Robertsonpet, KGF. It is stated that he is running cloth business at M.G.Market, Robertsonpet and has a son aged 15 years named Chethan Ganesh and Latavardini studying in 9th standard at BVN School. Complainant had accommodated Latavardini with mobile to facilitate her studies and said phone bears No.9964746648 which is also facilitated with the benefit of whatsapp/application.

10. On 25.01.2020 an unknown person had sent whatsapp message `Hi How are u and on 26.01.2020 when the daughter of the complainant questioned as to who was he, the person had sent bad messages and made use of the photographs attached to the status in `whatsapp and sent obscene photographs connecting photos of the victim and also threatened that if she does not join him for chat he would upload those photographs to face book. In this connection complaint was lodged on 27.01.2020 at 5 P.M. and the case was registered under Section 67B of The Information Technology Act and later offence under Sections 14 and 15 of POCSO Act were also invoked.

Section 67B of the Information Technology Act is as under:

Section 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form Whoever-

(a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or

(b) creates text or digital images, collects, seeks browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or

(c) cultivates, entices or induces children to online relationship with one or more children for an on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or

(d) facilitates abusing children online, or

(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, Shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form-

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing drawing, painting representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or

(ii) which is kept or used for bonafide heritage or religious pur