Criminal Petition No. 5470 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21673 CRL.P No. 5470 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5470 OF 2025 BETWEEN: MONIRUDDIN @ MONIR S/O SHIRAZ UDDIN, AGED ABOUT 21 YEARS, PRESENTLY R/AT C/O GANESH, A.G ENTERPRISES, BATTERY SHOP,T CROSS, WHITEFIELD, BENGALURU-560 066. PREMANENT RESIDENT AT NO.2 AND 3 SARATE GOAN, NAKUTI PRF, NAKUTI BAZAR, NAGOAN, LANKA, ASSAM-781 001. (BY SRI. MOHAMMED PASHA C.,ADVOCATE) AND: 1. STATE OF KARNATAKA
Legal Reasoning
STATE BY CHIKKAJALA POLICE STATION BENGALURU, REP BY SPP, HIGH COURT CAMPUS, BENGALURU - 560 001.
Legal Reasoning
2. SMT. SOWMYA N, POLICE INSPECTOR, CCB, WOMENS PROTECTION CELL BENGALURU - 560 001. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA …PETITIONER (BY SRI. RANGASWAMY R., HCGP FOR R1; …RESPONDENTS - 2 - NC: 2025:KHC:21673 CRL.P No. 5470 of 2025 HC-KAR SRI. SURYA B.E., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.8/2025 ARISING OUT CR.NO.213/2024 OF RESPONDENT CHIKKAJALA POLICE FOR THE ALLEGED OFFENCES P/U/S 3, 4 AND 5 OF IMMORAL TRAFFIC PREVENTION ACT, 1956. SEC 4, 8 AND 6 OF POCSO ACT AND SEC. 143(2), 143(3) OF BNS, 2023, PENDING ON THE FILE OF THE HONBLE CITY CIVIL AND SESSIONS JUDGE, FTSC-1 AT BANGALORE, WHEREIN THIS PETITIONER IS ARRAYED AS ACCUSED NO.8. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.8 in Spl.C.No.8/2025 pending before the Court of Additional City Civil and Sessions Judge, FTSC-I, Bengaluru, arising out of Crime No.213/2024 registered by Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 143(2), 143(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNS'), Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for short ' POCSO Act') and Sections 3, 4 and 5 of Immoral Traffic Prevention Act and Sections - 3 - NC: 2025:KHC:21673 CRL.P No. 5470 of 2025 HC-KAR 3(1)(W)(i) (ii) of SC and ST (Prevention of Atrocities) Act, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.213/2024 was registered by Chikkajala Police Station, Bengaluru City, against Gopalareddy and others for the aforesaid offences on the basis of first information dated 25.10.2024 received from the respondent No.2, who is a police officer attached to CCB- Bengaluru. During the course of investigation of the case, the petitioner herein was arrested on 18.12.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against eight persons and petitioner herein is arraigned as accused No.8 in the charge sheet. 4. The bail application filed by the petitioner in Crl.Misc.No.754/2025 before the jurisdictional Sessions - 4 - NC: 2025:KHC:21673 CRL.P No. 5470 of 2025 HC-KAR Court was rejected on 03.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that allegations against accused No.7 and petitioner herein are similar in the charge sheet. Accused No.7 has been granted regular bail by this Court in Crl.P.No.4847/2025 disposed of on 25.04.2025. All other accused except accused No.8 are enlarged on bail. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP and learned counsel for the respondent who have opposed the bail petition, do not dispute the submission made by the learned counsel for the petitioner. 7. FIR in the present case was registered initially against accused No.1-Gopalareddy. After completing investigation charge sheet has been filed against eight accused persons. Allegation in the charge sheet is that victim girl was brought to Bangalore by the accused No.7 - 5 - NC: 2025:KHC:21673 CRL.P No. 5470 of 2025 HC-KAR with a promise to marry her and thereafter he had sexual intercourse with her. Subsequently, he had handed over the victim girl to accused No.8 who allegedly promised to provide a better life to victim girl had sexual intercourse with her and handed over the victim girl to accused No.9 after receiving money from her and accused No.9 in turn had handed over the victim girl to accused No.1, who is a person allegedly involved in carrying on illegal activities of prostitution in Bengaluru. It is further alleged that in the hotel belonging to accused No.6, in which accused No.5 was working as a manager, accused No.1 had sent the victim girl to the room in which accused Nos. 2 to 4 were staying and said accused allegedly had misbehaved with the victim girl. 8. Perusal of the charge sheet would go to show that allegation against accused No.7 and accused No.8 are similar. Accused No.7 has been granted regular bail by this Court in Crl.P.No.4847/2025. It is not in dispute that all other accused persons have also granted regular bail in - 6 - NC: 2025:KHC:21673 CRL.P No. 5470 of 2025 HC-KAR the present case. Undisputedly, petitioner has no criminal antecedents and he has undertaken to cooperate before the Trial Court. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following:
Decision
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.213/2024 registered by Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 143(2), 143(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNS'), Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for short ' POCSO Act') and Sections 3, 4 and 5 of Immoral Traffic Prevention Act and Sections 3(1)(W)(i) (ii) of SC and ST (Prevention of Atrocities) Act, subject to the following conditions: - 7 - NC: 2025:KHC:21673 CRL.P No. 5470 of 2025 HC-KAR a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 1 Sl No.: 51