- 1 - NC: 2025:KHC-D:2245 CRL.P No. 100521 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100521 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: ISAK S/O. MODINSAB JAMADAR AGE. 21 YEARS, OCC. COOLIE, R/O. WARD NO.3, BEPARI GALLI, MUDHOL-587313, TQ. MUDHOL, DIST. BAGALKOT. …PETITIONER (BY SRI. N.L.BATAKURKI, ADVOCATE) AND: THE STATE OF KARNATAKA BY PSI CEN POLICE STATION, BAGALKOT-587103, TQ. AND DIST. BAGALKOT, REP. BY SPP, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, ADMIT THE PETITION AND QUASH THE IMPUGNED ORDER DATED 04.11.2023 OF ISSUANCE OF PROCESS AGAINST THE PETITIONER/ACCUSED HEREIN FOR THE OFFENCES P/U/SEC. 67 (B) OF IT ACT BY THE PRL. SENIOR CIVIL JUDGE AND CJM BAGALKOT IN CC NO. 211/2023 AND ALSO QUASH THE CHARGE SHEET FILED BY RESPONDENT HEREIN AGAINST PETITIONER HERE IN BAGALKOT CEN PS CR.NO.1/2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 11:09:20 +0530 - 2 - NC: 2025:KHC-D:2245 CRL.P No. 100521 of 2025 ORAL ORDER 1. The learned Additional Government Advocate accepts notice for the respondent-State. 2. The petitioner/accused is being prosecuted for the offence punishable under Section 67(B) of the Information Technology Act, 2000. 3. The prosecution alleges that the petitioner/accused uploaded pornographic videos involving a minor girl and boy on Instagram. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 5. The alleged incident took place on 09.02.2022, whereas the FIR was lodged nearly a year later, on 02.01.2023, without any plausible explanation for the delay. Moreover, the prosecution has failed to produce any material evidence to substantiate that the petitioner/accused uploaded the alleged pornographic video on Instagram. Mere allegations, without supporting material, cannot form the basis for prosecution. 6. In view of the foregoing, the continuation of criminal proceedings against the petitioner/accused would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. - 3 - NC: 2025:KHC-D:2245 CRL.P No. 100521 of 2025 ii) The impugned proceedings in CC No.211/2023 pending on the file of Prl. Senior Civil Judge and CJM Bagalkot, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 29