This petition filed by the petitioner/accused No.1 under

Section 439 of Code of Criminal Procedure, 1973 for granting bail in

Crime No.149/2021 registered by the Cottonpet Police for the

offence punishable under Sections 120(B) and 201 of Indian Penal

Code, 1860 (hereinafter referred to as the ‘IPC’, for short) and under Sections 3,

6, 9 of the Official Secrets Act, 1923.

2.

Heard the arguments of learned counsel for petitioner

and learned High Court Government Pleader for respondent.

3.

The case of the prosecution is that on the complaint

filed by one Police Inspector Shivaprasad of CCB Police on

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19.09.2021 alleging that the petitioner said to be projected himself

as Army man and in conspiracy with the accused No.2 and accused

No.3 who belongs to Pakistan, he has provided the information to

the accused No.2 through Whatsapp and other social media by

taking photographs of the important places like Naval Base Army

area and other important places to Pakistan ISI people who is at

Karachi, Pakistan. Therefore, the petitioner said to have committed

the offences under the provisions of the Official Secrets Act, 1923.

Based upon this information, the police arrested the petitioner on

19.11.2021 and he was remanded to judicial custody. The ACP of

Anti Terrorist Cell and CCB wing took up the investigation and filed

the charge sheet against the petitioner. The bail petition of this

petitioner came to be rejected by the Sessions Judge. Hence, he is

before this Court.

4.

Learned counsel for the petitioner has contended that

the petitioner is innocent of the alleged offences and he has been

falsely implicated. He came in contact with one lady through social

media and started chatting with her. In order to get her love and

affection, the petitioner worn the Indian Military uniform and used

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to chat with Pooja who is from Pakistan. Except using uniform and

sharing some photographs, there is no incriminating material

against the petitioner to show he has sent any information to the

Pakistani. He has been in custody more than seven months. The

investigation is completed and charge sheet is filed. The

punishment for the alleged offences is maximum three years

imprisonment. Learned counsel also contended that as per Section

13 of the Official Secrets Act, 1923, the police have no authority to

file complaint and there is a bar for taking cognizance. Hence, he

prayed for grant of bail.

5.

Per contra, Smt. Rashmi Jadhav, learned High Court

Government Pleader has objected the bail petition and contended

that the accused defrauding himself as an Army man, sent official

secrets of the India including the Army, Naval and Air force. He has

sent various photographs to accused Nos.2 and 3 who are from

Pakistan. The police traced the documents and the messages which

clearly reveal that he has sent various secret information to

Pakistani.

There

were

two

cell

phones

used

by

the

petitioner/accused, out of which, one cell phone is recovered by the

5

police and another cell phone is already destroyed by the petitioner

and they unable to retrieve the information sent by the petitioner.

The offence is very serious one. The petitioner not only given

information about Army details, base camps, pokran etc. to the lady

who is an ISI agent of Pakistan. Therefore, if the petitioner is

released on bail, he may commit similar offence or abscond from

the case is not ruled out. She also contended that the Army Officer

was given instruction to the complainant to file complaint and for

official reason, the name of the complainant is not disclosed in the

complaint. The Assistant Commissioner of Police, Anti Terrorist

Cell, Bengaluru has investigated the matter and filed the charge

sheet. Therefore, on the technical ground, the Court cannot grant

bail to the petitioner. Hence, she prayed for dismissal of the

petition.

6.

Having heard the arguments of the learned counsel for

petitioner and learned High Court Government Pleader for

respondent, perused the records.