Vishwanath v. State by Tiptur Town Police
In the High Court of Karnataka
Cri. P. 8544/2017
Before Justice Budihal R.B.
Decided on November 28, 2017

Relevancy of the case: Bail application in a case involving the recording of a sexual act wherein the victim is a minor

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Section 376(2)(i))
• Protection of Children from Sexual Offences Act, 2012 (Section 3, 4, 13(b), 14(2))
• The Code of Criminal Procedure, 1973 (Section 164)

Relevant Facts of the Case

• The victim’s statement revealed that the petitioner followed her while going to school and threatened her. He forced her to reveal what was happening between her and the other accused (Accused number 1) and gave her a phone to record a video to know the same. The accused number 1 recorded it when they were together, and she gave it back to the petitioner.
• His bail application was rejected by the Tumkur Sessions judge.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that no prima-facie case has been made out against the petitioner as allegations in the complaint are against accused no. 1 only. The petitioner was completely unconnected with the offence under Section 376 of the Indian Penal Code, 1860.
• The respondent’s counsel submitted that as per the statement of the victim girl, there is a prima-facie case against the petitioner. Thus, the petitioner is not entitled to bail.

Opinion of the Bench

• There is no allegation against the petitioner, according to the victim’s statement. He has maintained he is not guilty and has also undertaken to abide by the bail conditions.

Final Decision

• Petition allowed.
• The petitioner released on bail, subject to bail conditions.

This case summary has been prepared by Akshita Rohatgi, an undergraduate student at the University School of Law and Legal Studies, GGSIPU, during her internship with The Cyber Blog India in January/February 2021.