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2025 Supreme(Online)(Kar) 19202

KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
SRI BINOJ P.J – Appellant
Versus
STATE BY KARNATAKA – Respondent
CRIMINAL PETITION NO. 9424 OF 2025



Advocates:
For the Appellants/Petitioners: SRI SHEKARAPPA
For the Respondents: SMT. RASHMI PATEL, HCGP

Bail granted on the grounds of completed investigation; conditions set to prevent witness interference.

Headnote:(A) Information Technology Act, 2000 - Section 67

(B) - Protection of Children from Sexual Offences Act, 2012 - Section 15 - Bail application under Section 439 CR.PC - Petitioner arrested for possession of pornographic material involving minors - Major portion of investigation completed, and offences not punishable with death or life imprisonment - Court grants bail subject to conditions. (Paras 3, 7, 8)

(B) Criminal Procedure - Conditions for bail - Requirements for bond execution, regular appearances, and absence of threats to witnesses outlined, highlighting judicial discretion in bail decisions. (Paras 8a, 8b, 8c, 8d, 8e)

Table of Content
1. petitioner seeks bail for charges involving child pornography. (Para 1 , 3)
2. legal counsel argues against continued detention noting prior bail. (Para 2 , 4 , 6)
3. evidence retrieved from device indicates possession of illicit material. (Para 5)
4. bail granted with conditions due to the nature of the case. (Para 7 , 8)

ORAL ORDER

1. Accused in Crime No.82/2025 registered by Commercial Street Police Station, Bengaluru City, for the offences punishable under Sections 67 (B) of Information Technology Act, 2000 , Section 15 of the POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023 , seeking regular bail.

2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1.

3. FIR in Crime No.82/2025 was registered by Commercial Street Police Station, Bengaluru City, against the petitioner herein for the aforesaid offences based on the first information dated 02.06.2025 received from Ambaray M.Kamanamani - Police Officer attached to Commercial Street Police Station, Bengaluru City. During the course of investigation, petitioner was arrested on 13.06.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.5130/2025 was rejected on 27.06.2025. Therefore, they are before this Court.

4. Perusal of the material on record would go to show that the petitioner who was arrayed as accused no.3 in Crime No.1/2025 registered by Commercial Street Police Station, for the offences punishable under Sections 126(2), 308(2), 319(2), 336(3), 351(2)(3) & 61(2) of BNS, 2023 and Section 66D of Information Technology Act, was arrested in the said case and it is alleged that from his possession, his mobile phone was seized.

5. In the first information of the present case, it is alleged that when the contents of the mobile phone were retrieved, it was found that nude photographs of minor boys and girls were found in his mobile phone and he was also watching porn videos of minor children. It is under these circumstances, first information was registered against him for the aforesaid offences and he was arrested in the present case on

13.06.2025.

6. Learned Counsel for the petitioner has submitted that in Crime No.1/2025, petitioner is granted regular bail. Learned HCGP does not dispute the said submission made by the learned Counsel for the petitioner.

7. So far as the present case is concerned, the alleged offences are neither punishable with death nor with life imprisonment. Major portion of the investigation is already completed. Suo motu case has been registered against the petitioner based on the contents of his mobile phone which was seized in Crime No.1/2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

Accordingly, the following order:

8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.82/2025 registered by Commercial Street Police Station, Bengaluru City, for the offences punishable under Sections 67 (B) of Information Technology Act, 2000 , Section 15 of the POCSO Act, 2012, subject to the following conditions:

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