B.R. Guruprasad v. State of Karnataka
In the High Court of Karnataka
C.P. 7705/2020
Before Justice H.P. Sandesh
Decided on December 22, 2020

Relevancy of the case: Bail application in a case involving video graphing of a minor’s rape

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67, 67B)
• The Indian Penal Code, 1860 (Section 376(2)(n), 376(3))
• The Code of Criminal Procedure, 1973 (Section 439)
• The Protection of Children from Sexual Offences Act, 2012 (Section 4, 5(l), 6, 14, 15)

Relevant Facts of the Case

• The accused number 1 allegedly raped a 15-year-old girl, and on his instructions, the petitioner (accused number) video graphed the act.
• The petitioner filed the present petition seeking bail.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the act of the petitioner does not invite Section 376 of the Indian Penal Code, 1860 rather Section 67B of the Information Technology Act, 2000 under which the punishment is five years imprisonment with a fine.
• The petitioner’s counsel further states that the petitioner has been in custody from 25.10.2020, and as the investigation is almost complete, his presence is not required.
• The respondent’s counsel submitted that the petitioner video graphed a heinous offence against a 15-year-old girl and that there is a prima-facie case against him.

Opinion of the Bench

• The Court was of the view that the allegations against the petitioner do not involve punishment of death or imprisonment for life.
• Grave allegations are made only against accused number 1, and the petitioner has been in custody from 25.10.2020.
• Thus, bail can be given, but whether he has photographed the act or not will be determined in the trial.

Final Decision

• Petition allowed.
• Bail granted with conditions.