This petition is filed under Section 438 of Cr.P.C. praying

this Court to enlarge the petitioner on bail in the event of his

arrest in respect of Crime No.435/2021 registered by the West

CEN Crime Police Station, Bengaluru, for the offence punishable

under Sections 67 and 67B of the Information Technology Act.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case is that the father of

the victim girl, who is aged about 15 years had lodged the

complaint stating that the petitioner was causing threat to post

sexual videos and photos of his minor daughter since his

daughter was in Snapchat and hence based on the complaint,

the police have registered the case and the matter is under

investigation.

4.

The learned counsel for the petitioner would submit

that this petitioner has not indulged in such activities and not

caused any threat and the very complaint itself discloses that

one Arjun is chatting with the complainant9s daughter and the

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allegation is also against Arjun and not against this petitioner

and this petitioner is a Software Engineer and he would assist

the police for investigation, if discretion is exercised in favour of

the petitioner.

5.

The

learned

High

Court

Government

Pleader

appearing for the respondent-State would submit that the

complaint is very specific that the petitioner used to cause threat

to upload the videos of minor daughter of the complainant and

also caused threat and for the investigation, the presence of the

petitioner is required since the device which was used for the

said purpose has to be seized and investigated.

6.

Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader appearing for

the respondent3State and looking into the contents of the

complaint, no doubt, earlier the minor daughter of the

complainant came in contact with one Arjun and was sending

videos and photos in Snapchat and the complainant9s daughter is

aged about 15 years. Having taken note of the contents of the

complaint, whether the petitioner has indulged in such act or

not, the matter has to be investigated and looking into the

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contents of the complaint, it is appropriate to invoke Section 438

of Cr.P.C. and direct the petitioner to appear before the

Investigating Officer for further investigation in the matter as to

whether he indulged in such act or not.

7.

In view of the discussions made above, I pass the

following:

ORDER

The petition is allowed. Consequently, the petitioner shall

be released on bail in the event of his arrest in connection with

of Crime No.435/2021 registered by the West CEN Crime Police

Station, Bengaluru, for the offence punishable under Sections 67

and 67B of the Information Technology Act, subject to the

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 shall execute a personal bond for a

sum of Rs.2,00,000/- (Rupees Two Lakhs only)

with two sureties for the like-sum to the

satisfaction of the concerned Investigating

Officer.

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(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

the

Investigating

Officer

without

prior

permission 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 month i.e., on 30^th of every month

between 10.00 a.m. and 5.00 p.m., before the

Investigating Officer for a period of three

months or till the charge-sheet is filed,

whichever is earlier.

Sd/-

JUDGE

MD