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2025 DAILYLAW 30640 (KAR)

SRI BINOJ P J v. STATE BY KARNATAKA

CRL.P/9424/2025 · 2025-07-11

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25623 CRL.P No. 9424 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. 9424 OF 2025 BETWEEN: SRI BINOJ P.J S/O SRI.JOSE P.V AGED ABOUT 39 YEARS R/AT PUDUSSERY HOUSE CHOTTUPARA KILLANNUR THRISSUR DIST KERALA STATE - 680 581. …PETITIONER (BY SRI SHEKARAPPA, ADV.) AND: 1. STATE BY KARNATAKA COMMERCIAL STREET POLICE STATION, BENGALURU NOW REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU HIGH COURT COMPLEX BANGALORE - 560 001. 2. SRI AMBARAYA.M.KAMANAMI AGE ABOUT 48 YEARS POLICE INSPECTOR / STATION HOUSE OFFICER, COMMERCIAL STREET POLICE STATION BENGALURU - 560 001. …RESPONDENTS (BY SMT. RASHMI PATEL. HCGP FOR R-1 & R-2) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.82/2025, FOR THE OFFENCE P/U/S. 67(B) OF I.T. ACT, 2000 AND Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25623 CRL.P No. 9424 of 2025 SEC.15 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012, REGISTERED BY THE COMMERCIAL STREET POLICE STATION, ON THE FILE OF FAST TRACT COURT-1, ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. 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.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 - 3 - HC-KAR NC: 2025:KHC:25623 CRL.P No. 9424 of 2025 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. - 4 - HC-KAR NC: 2025:KHC:25623 CRL.P No. 9424 of 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: - 5 - HC-KAR NC: 2025:KHC:25623 CRL.P No. 9424 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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 KK