Nizamuddin v. State of Karnataka
In the High Court of Karnataka
Criminal Petition 294/2022
Before Justice H.P. Sandesh
Decided on January 21, 2022

Relevancy of the case: Bail application in a case involving uploading of children’s obscene photos and videos

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67, 67B)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The petitioner uploaded obscene photos and videos of children using his IP address. Based on the inputs received from NCRB and the service provider, the police has registered a case.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the maximum punishment for these offences is five years. The petitioner will assist the investigating officer in the investigation.
• The government pleader submitted that the IP address belongs to the petitioner. His presence is necessary for the investigation.

Opinion of the Bench

• It is a fit case to exercise the powers under Section 438 of the Code of Criminal Procedure, 1973. These offences are not punishable by death or life imprisonment.

Final Decision

• The court allowed the petition and granted bail subject to conditions.

Parul Anand, an undergraduate student at the National Law University, Jodhpur, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.