- 1 - HC-KAR NC: 2025:KHC:25564 CRL.P No. 8750 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8750 OF 2025 BETWEEN: SACHIN A.S. S/O SHIVAPPA AGED ABOUT 25 YEARS OCC: WORKING IN BEKARY R/O AJJANAHALLI VILLAGE BELUR HOBLI, HALEBEEDU TALUK, HASSAN DISTRICT - 573 115. …PETITIONER (BY SRI CHINNAPPA GOWDA D.G, ADV.) AND: 1. THE STATE OF KARNATAKA BY YAGATHI POLICE STATION BIRUR CIRCLE, CHIKKAMAGALURU DISTRICT - 577 140 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001) 2. XXX …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; V/O DTD:09.07.2025 NOTICE TO R-2 IS H/S) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.46/2025 OF YAGATI P.S., CHIKKAMAGALURU DISTRICT, FOR THE OFFENCES P/U/S 305,352,77 OF BNS, 2023, U/S 66(E),67(B) OF I.T ACT, 2008, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25564 CRL.P No. 8750 of 2025 U/S 12 OF POCSO ACT, 2012, PENDING ON THE FILE OF FTC-1, CHICKMAGALUR DISTRICT, CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.46/2025 registered by Yagati Police Station, Chikkamagaluru, for the offences punishable under Sections 66(E) and 67(B) of the Information Technology Act, 2008, Section 12 of the POCSO Act, 2012 and Sections 305, 352 and 77 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.46/2025 was registered by Yagati Police Station, Chikkamagaluru, for the aforesaid offences against petitioner herein based on the first information dated 30.05.2025 received from respondent No.2, who is the mother- in-law of the petitioner herein. Petitioner was arrested on 01.06.2025 and remanded to judicial custody. His bail application filed before the Trial Court in Crime No.46/2025 was rejected on 16.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:25564 CRL.P No. 8750 of 2025 4. Learned counsel for the petitioner submits that there is a matrimonial dispute and petitioner's wife is staying in her parents house. Therefore, a false case has been registered against the petitioner. He submits that alleged victim who is said to be a minor, is now married and therefore, it is apparent that false statement is made in the first information. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that investigation of the case is under progress. 6. First informant in the present case is the mother-in-law of the petitioner. It is alleged that petitioner had committed theft of mobile phone belonging to minor daughter of the first informant, who was aged about 17 years and thereafter, on 17.05.2025, he allegedly had sent obscene photos and videos from the said mobile and also had abused the minor daughter of the first informant using filthy language. It is further alleged that petitioner had forwarded certain obscene photos and messages to a whatsapp group of students who were studying along with the victim girl. Petitioner was arrested in the present - 4 - HC-KAR NC: 2025:KHC:25564 CRL.P No. 8750 of 2025 case on 01.06.2025. Major portion of the investigation in the case is already completed and the mobile phone recovered from the petitioner has been forwarded to the FSL for the purpose of examination. The maximum punishment for the alleged offences is imprisonment for a period of seven years. It is not in dispute that the petitioner has no other criminal cases registered against him. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.46/2025 registered by Yagati Police Station, Chikkamagaluru, for the offences punishable under Sections 66(E) and 67(B) of the Information Technology Act, 2008, Section 12 of the POCSO Act, 2012 and Sections 305, 352 and 77 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC:25564 CRL.P No. 8750 of 2025 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN