T. THIPPESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner suspecting his arrest in Crime No.5/2023 of Ballari CEN Crime Police Station for the offence punishable U/sec. 67(B) of Information Technology Act, 2000 has come up with this petition u/sec.438 Cr.P.C . to grant him anticipatory bail.

(2.) In support of his petition, petitioner has contended that there are no reasonable grounds to believe that petitioner has committed the alleged offence. The enquiry so far conducted does not show his involvement. On the other hand, report submitted by the complainant state that accused-A.Naganagowda through his cell phone has downloaded obscene videos and thereafter uploaded the same to the social media. Though petitioner is not involved in the alleged offence, he has been issued with notice u/sec.41(A) of Cr.P.C ., wherein conditions (a) to (h) have been specified. In the light of the same his apprehension of arrest is well founded. Though the offence u/sec.67(B) of Information Technology Act is non-bailable, it is not punishable with death or imprisonment for life. The petitioner is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

(3.) Learned High Court Government Pleader submitted oral objections stating that on 17/1/2023, Sri Vijay Kumar H.C. 144 of Ballari CEN Police Station submitted compliance report stating that he has received CD and documents from Cyber Tipline No.117630317 from cyber crime research division, CID central, Bengaluru through post. When the CD was played on the computer of CEN crime P.S. he found the following: