Shri Kenchappa Alias Santosh vs The State Of Karnataka on 16 February, 2024

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Karnataka High Court

Shri Kenchappa Alias Santosh vs The State Of Karnataka on 16 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                              NC: 2024:KHC-D:3743
                                                              CRL.P No. 100455 of 2024




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                                     BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                             CRIMINAL PETITION NO. 100455 OF 2024 (438-)

                      BETWEEN:

                      1.   SHRI KENCHAPPA @ SANTOSH
                           S/O RAMAPPA SOTTAMMANAVER,
                           AGE. 32 YEARS, OCC. AGRICULTURE,
                           R/AT. HOUSE NO. 184, BELAGALI,
                           TQ. HUBBALLI- 580024
                           DIST. DHARWAD.

                      2.   SHRI MANJUNATH S/O RAMAPPA BELLI
                           AGE. 29 YEARS, OCC. AGRICULTURE,
                           R/AT. BELAGALI, TQ. HUBBALLI-580024.
                           DIST. DHARWAD

                                                                          ...PETITIONERS
                      (BY SRI ZANZA JOSHI, ADVOCATE
                      FOR SRI GOURISHANKAR MOT, ADVOCATE)

                      AND:
ANNAPURNA
CHINNAPPA
DANDAGAL              THE STATE OF KARNATAKA
                      CYBER FINANCIAL & NARCOTICS
Digitally signed by   CRIME POLICE STATION, KOPPAL
ANNAPURNA
CHINNAPPA             REP BY ITS STATE PUBLIC PROSECUTOR,
DANDAGAL
Date: 2024.02.19
                      HIGH COURT OF KARNATAKA,
14:49:22 +0530        DHARWAD BENCH,
                      AT. DHARWAD.

                                                                          ...RESPONDENT
                      (BY SRI. T.P.MALIPATIL, AGA)

                             THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
                      SEEKING    TO   GRANT   ANTICIPATORY       BAIL   DIRECTING   THE
                      RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN
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                                         NC: 2024:KHC-D:3743
                                         CRL.P No. 100455 of 2024




THE EVENT OF THEIR ARREST FOR THE ALLEGED OFFENCES
PUNISHABLE U/S 66(c), 67, 67(a) OF IT ACT AS ATTACHED IN
CYBER      FINANCIAL   AND   NARCOTICS    CRIME   POLICE   STATION,
KOPPAL CRIME NO.12/2023 PENDING ON THE FILE OF PRL.CIVIL
JUDGE AND JMFC COURT, AT KOPPAL BY IMPOSING CONDITIONS.


      THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                               ORDER

Apprehending arrest in Crime No.12/2023 registered

by Cyber Financial Narcotics Crime Police Station, Koppal,

for the offences 66(C), 67 and 67(A) of the Information

Technology Act, 2000 (for short, ‘the I.T.Act’) petitioners

are before this Court under Section 438 of the Criminal

Procedure Code (for short, ‘the Cr.P.C.’).

2. Heard learned counsel for the parties.

3. FIR in Crime No.12/2023 was registered by

Cyber Financial Narcotics Crime Police Station, Koppal, for

the aforesaid offences against unknown persons based on

the complaint of Manjula, who is the wife of the 1st

petitioner herein. Apprehending arrest in the said case,

petitioners herein had filed Crl.Misc.No.38/2024 which was
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CRL.P No. 100455 of 2024

rejected on 02.02.2024. Therefore, they are before this

Court.

4. Learned counsel for the petitioners submits that

due to matrimonial dispute between the petitioner and

complainant, an attempt is made to falsely implicate the

petitioners in the case. Petitioners have no criminal

antecedents. Petitioners are ready and willing to cooperate

with the Police for the purpose of investigation.

Accordingly, he prays to allow the petition.

5. Learned High Court Government Pleader

opposes the prayer made in the application. He submits

custodial interrogation of the petitioners is required.

Accordingly, he prays to dismiss the petition.

6. In the complaint dated 26.10.2023, lodged by

Manjual, who is the wife of the 1st petitioner herein, it is

averred that some persons had posted obscene messages

to her Instagram Account. Police during the course of

investigation have issued notice under Section 41A of the

Cr.P.C to the petitioners for the purpose of enquiry.
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CRL.P No. 100455 of 2024

7. Material available on record would go to show

that there is a matrimonial case between the 1st petitioner

and the complainant, which is pending consideration before

the jurisdictional Court. Maximum punishment for the

alleged offence is imprisonment for a period of 5 years. The

1st petitioner is the husband of complainant and the 2nd

petitioner is the brother of the 1st petitioner’s sister-in-law

and they have no criminal antecedents. They have

undertaken to co-operate with the police for the purpose of

investigation. Therefore, I am of the opinion that some

protection is required to be given to them. Under these

circumstances, I am of the opinion that the prayer made by

the petitioners for grant of anticipatory bail is required to

be answered in the affirmative. Accordingly the following:

ORDER

Petition is allowed.

The respondent-Police or any other police in the

State of Karnataka are directed to release the petitioner in

the event of their arrest in Crime No.12/2023 registered
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CRL.P No. 100455 of 2024

by Cyber Financial Narcotics Crime Police Station, Koppal,

for the offences 66(C), 67 and 67(A) of the I.T.Act,

subject to the following conditions :

(i) Petitioners shall appear before the
Investigating Officer on 22.02.2024 at 10.30
a.m. and if necessary, the Investigating Officer
is at liberty to take petitioners to custody for
the purpose of interrogation on the said date.

       However,      it     is   made       clear     that     the
       Investigating       Officer     shall       release     the

petitioners on the very same day on or before
6.00 p.m.

(ii) The petitioners shall execute a personal
bond for a sum of Rs.1,00,000/- each with
one surety for the like-sum to the satisfaction
of the Investigating Officer.

(ii) Petitioners shall regularly appear
before the Trial Court without fail unless
exempted by the Trial Court for valid reasons.

(iii) Petitioners shall not tamper with the
prosecution witnesses either directly or
indirectly.

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CRL.P No. 100455 of 2024

(iv) The petitioners shall co-operate with
the Investigating Officer for the purpose of
investigation in the case.

Sd/-

JUDGE

AC
CT:GSM
List No.: 1 Sl No.: 12

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