- 1 - NC: 2025:KHC-K:2388 CRL.P No. 200502 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200502 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SURESH S/O SHANKAR JADHAV, AGE:32 YEARS, OCC: COOLIE, R/O.GUNDAHALLI TANDA, GUNDAHALLI, TQ. AND DIST. YADGIR-585319. …PETITIONER (BY SRI GANESH NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CEN POLICE STATION, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2388 CRL.P No. 200502 of 2024 YADGIRI, IT’S REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, DIST. KALABURAGI-585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO, QUASH THE CHARGE SHEET AND CRIMINAL PROCEEDINGS IN C.C NO.2733/2023 CRIME NO.8/2023 OF CEN POLICE STATION, YADGIRI AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE U/SEC 67(B) OF INFORMATION TECHNOLOGY ACT, 2000 PENDING ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC YADGIRI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - NC: 2025:KHC-K:2388 CRL.P No. 200502 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner is before this Court seeking for quashing the charge sheet and criminal proceedings in C.C.No.2733/2023 in Cr.No.8/2023 of CEN police station, Yadgiri, against the petitioner for the offences punishable under Sections 67 (B) of Information Technology Act. Factual matrix of the case:- 2. It is the case of the prosecution that the informant being Head Constable in C.E.N Police Station, Kalaburagi, lodged a First Information Report against the accused stating that the Police Inspector of C.E.N Police Station received a C.D along with a letter and Cyber Tipline report with cyber tip No.118578693. A preliminary enquiry was held by the Cyber Tip Number which was related to the petitioner. It is stated that the C.D which was received through post to the above said cyber tip line number was having a video relating to female and male minor children were having sexual intercourse. It is stated that the said pornography was uploaded from the jio sim card bearing - 4 - NC: 2025:KHC-K:2388 CRL.P No. 200502 of 2024 mobile number 7975467391 of the petitioner which was confirmed during preliminary enquiry .The petitioner has thereby committed an offence punishable under Section 67(B) of I.T. Act and requested the Police to register a case and to initiate legal action against the petitioner. The respondent – Police registered a case, conducted investigation and submitted the charge-sheet which is numbered as C.C.No.2733/2023. 3. Heard learned counsel Sri. Ganesh Naik for the petitioner and learned High Court Government Pleader Sri. Jamadar Shahabuddin for respondent. 4. It is the submission of the learned counsel for the petitioner that though the allegations are made against the petitioner that he had uploaded the pornography of children in the g-mail address, the fact remains that, the said mobile has not been traced by the Investigating Officer. Hence, it is not appropriate at this stage to consider that the petitioner was using the said mobile to upload the said pornography. It is further submitted that even assuming that the g-mail address has been formed by the petitioner, that cannot be said that he is the only person who created the g-mail address. Therefore, - 5 - NC: 2025:KHC-K:2388 CRL.P No. 200502 of 2024 even if the matter is referred for trial, the possibility of convicting the petitioner would be very bleak. Hence, the proceedings against the petitioner may be quashed. 5. Per Contra, the learned High Court Government Pleader,vehemently, justified that the filing of the charge-sheet against the petitioner was only after conducting the investigation. The Cyber Cell conducted a preliminary enquiry and found that the petitioner had uploaded the pornography of the children through his mobile via g-mail. Accordingly, a case was registered against him. However, the petitioner had destroyed the evidence. Hence, it is appropriate to take action on that count also. 6. It is further submitted that since there are allegations made against the petitioner which are necessarily required to be proved beyond reasonable doubt, the petition has to be rejected. 7. Having heard the learned counsels for the respective parties and also perused the averments of the charge-sheet, it appears from the record that though the allegations made against the petitioner is that he had uploaded the - 6 - NC: 2025:KHC-K:2388 CRL.P No. 200502 of 2024 pornography of the children, the fact remains that, the police did not trace the mobile and also cited some reasons that it was thrown to the river by the petitioner at the time of preliminary enquiry, which cannot be believable and the same cannot be accepted. Until and unless, they produce the mobile which was a primary source of evidence, it cannot be said that the petitioner had committed the offence and uploaded pornography of the children via the said mobile to his g-mail address. 8. Having considered the facts and circumstances of the case, I am of the considered opinion that it is not appropriate to proceed with the case. Hence, the petition has to be allowed. Accordingly, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The Criminal Proceedings in C.C.No.2733/2023 pending on the file of CEN Police Station, Yadgiri is hereby, quashed. Sd/- (S RACHAIAH) JUDGE RSP, List No.: 1 Sl No.: 44 CT:PK