Date:09/01/2007 URL: http://www.thehindu.com/2007/01/09/stories/2007010913170500.htm

Karnataka - Bangalore

State opposes `compromise' in obscene SMS, MMS case

Staff Reporter

HIGH COURTROUND-UP

BANGALORE: The State Government on Monday told the High Court that sending obscene SMS and MMS messages through mobile telephones was a serious offence against the State and that they should be firmly dealt with.

Making these submissions, the State Public Prosecutor (SPP), S. Dore Raju, urged the court not to accept the compromise arrived at between the parties in a case in which a youth was accused of sending obscene SMS and MMS to a woman colleague.

The advocate for the youth said the case was destroying his client's life. He said his client was married. The other side too said they had arrived at a compromise. They urged the court to drop the case.

Opposing their stand, the SPP said no compromise could be reached under Section 482 of the Cr. Pc in the High Court. Such an application would have to be filed under Sections 67 of the Information Technology Act and 509 of the Indian Penal Code (IPC) before a Magistrate trying the case.

Bail opposed

The State Government on Monday opposed bail to two persons who are among the several accused of having abused a District Judge and Presiding Officer of a Fast Track Court and assaulted one of his relatives. The Presiding Officer, Avin, and his relative had gone to perform "Bhoomi Puja" for a site they had purchased in the Bangalore City Corporation (BCC) Layout near Vajarahalli, Thalghatapura in Bangalore Rural district.

A group of persons abused the Presiding Officer and his relatives. They had caused grievous hurt to one of Mr. Avin's relatives. Opposing the bail petitions, the State Government said the two accused, Chandra and Marappa, along with seven others had indulged in rioting, assault, trespass, attempt to commit murder and unlawful assembly even after Mr. Avin identified himself as a serving judicial officer.

The Government urged the court not to grant bail to the accused. Justice Mohan Shantanagouder adjourned further hearing on the case.

Adjourned

A Division Bench comprising Chief Justice Cyriac Joseph, and Justice B.S. Patil on Monday adjourned hearing on a petition by former Speaker and Congress MLA from Srinivasapura, Ramesh Kumar, his brother and two others challenging the appointment of Thimarayappa as the Special Public Prosecutor (SPP) in the Gownpalli murder case. Mr. Ramesh Kumar alleged that he had been deliberately included as an accused in the case.