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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^th DAY OF SEPTEMBER 2019

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.5681/2019

BETWEEN:

SRI. TEJAS GOWDA V.N.,

S/O V.NAGARAJ,

AGED ABOUT 19 YEARS,

R/AT 112, RAVUGODLU,

BOLARE POST, KANAKAPURA ROAD,

BANGALORE – 560 082. …PETITIONER

(BY SRI. DAYANANDA HIREMATH, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY SHO, KONANAKUNTE POLICE STATION,

BANGALORE, REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS,

BANGALORE – 560 001. …RESPONDENT

(BY SRI. HONNAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.205/2019

OF

KONANAKUNTE

POLICE

STATION,

BENGALURU CITY FOR THE OFFENCE P/U/SS.354, 354-D, 384

R/W SEC.34 OF IPC AND SEC.15 AND 17 OF POCSO ACT 2012

AND SEC.67 OF INFORMATION AND TECHNOLOGIES ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:-

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ORDER

Heard and perused the records.

2. The brief facts of the case of the prosecution is that

the police have registered a case in Crime No.205/2019 of

Konanakunte police station for the offence under Sections

15,17 of the Protection of Children from Sexual Offences

Act, 2012; under Section 67 of the Information Technology

Act 2000 and Sections 354, 354(D), 384 r/w.34 of IPC,

1860 on the complaint lodged by the victim girl aged about

17 years.

3. The allegations are that A1 by name Harshapande

was persuading the victim girl that he fell in love with her

and asked her to love him also. He has taken some

photographs of the victim girl with her male friend and has

threatened her stating that he would show the said photos

to her family members and state that they are in love with

each other. Further, instructed her stating that if the said

photo is to be deleted, the victim girl has to send a nude

video of herself to him (A1) and he would delete the same

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after he watching it. Heeding to his words, the victim girl

has sent her nude video. It appears A1 has deleted the

earlier photograph said to be of the victim girl with another

person. It is also alleged that A1 has transmitted the

nude video to his friends wherein the petitioner herein (A4)

is one among them. It is further alleged that they all

demanded an amount of Rs.4,00,000/- for the purpose of

deleting the said nude video of the victim girl.

4. Looking to the above said circumstance, what was

the necessity for the girl to send her nude video to A1

when there was no such photograph of her with A1 is to be

established during the course of investigation. Any way,

the police have already arrested petitioner (A4), a friend of

A1, interrogated him and he has been sent to judicial

custody and that he is no more required for any further

investigation. Under the above said circumstance, in my

opinion, the petitioner, has made out a case for grant of

bail particularly under Section 439 of IPC. Hence, the

following :

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ORDER

The Petition is allowed. Consequently, the petitioner

shall be released on bail in connection with Crime

No.205/2019 of Konanakunte Police Station, registered for

the offence punishable under Sections 15,17 of The

Protection of Children from Sexual Offences Act, 2012;

under Section 67 of The Information Technology Act 2000

and Sections 354, 354(D), 384 r/w.34 of IPC, 1860 subject

to the following conditions:

(i)

The petitioner shall execute his personal

bond for a sum of Rs.1,00,000/-(One Lakh

only) with one surety for the like-sum to the

satisfaction of the jurisdictional court.

(ii) The petitioner shall not indulge in tampering

the prosecution witnesses.

(iii) The petitioner shall appear before the

jurisdictional court on all the future hearing

dates unless exempted by the court for any

genuine cause.