Nizamuddin vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.544/2021

registered by East CEN Crime Police Station, Bengaluru District, for the offences punishable under Sections 67, 67(B) of the Information Technology

Act, 2000.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

The factual matrix of the case of the prosecution is that as per the CD received through NCRB and the information furnished by Service provider,

obscene photos and videos of children were found to have been uploaded with IP address of this petitioner. Hence, a case has been registered against

the petitioner. The matter is under investigation.

The learned counsel appearing for the petitioner would submit that this petitioner is running aquarium and mobile repair shop and he had not indulged

in any such acts. The learned counsel also would submit that for the offences under Sections 67, 67(B) of the Information Technology Act, 2000,

maximum punishment is 5 years and this petitioner would assist the Investigating Officer for investigation.

Per contra, the learned High Court Government Pleader appearing for the State would submit that as per the information this petitioner had indulged

in upholding the obscene photos and videos of children, the same is from the IP address of this petitioner. Hence, it requires his presence for

investigation.

Having heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State and also

taking into note of the allegations made in the complaint that too an allegation of uploading the obscene photos and videos of children with the IP

address of this petitioner, whether the petitioner has indulged in such act or not, has to be investigated. However, this petitioner be directed to appear

before the Investigating Officer for

investigation in the matter and the offences are not punishable with death or imprisonment for life. Hence, it is a fit case to exercise the powers under

Section 438 of Cr.P.C., in favour of the petitioner.

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 respect of Crime No.544/2021 registered by

East CEN Crime Police Station, Bengaluru District, for the offences punishable under Sections 67, 67(B) of the Information Technology Act, 2000,

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.

(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 30th of every month between 10.00 am and 5.00 pm., before the Investigating

Officer for a period of three months or till the charge sheet is filed, whichever is earlier.