Criminal Petition No. 14052 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9546 CRL.P No. 14052 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14052 OF 2024 BETWEEN: SAGAR NANDI, S/O JYOTHISH NANDI, AGED ABOUT 40 YEARS, R/AT 404, SAI DEEP HIGHRU APARTMENT, KAGGADASAPURA, VIJNANA NAGAR, BENGALURU -560 047. …PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka (BY SMT.SHIVAMMA.D., ADVOCATE FOR SRI. M KRISHNE GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA,
Facts
STATE BY VIVEKNAGAR PS, RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. ANIL KUMAR GS, VIVEKNAGAR POLICE STATION, VIVEKNAGAR, BANGALORE - 560 047.
Legal Reasoning
granted regular bail by this Court in Crl.P.No.11799/2024. It is not in dispute that petitioner who has no other criminal antecedents is in custody for the last more than one year. The alleged victims have been already examined before the Trial Court as P.W.1 and P.W.2 and therefore, there cannot be any apprehension that the material chargesheet witnesses may be tampered. Accused Nos.4 and 5 have been granted regular bail by the Trial Court. - 6 - NC: 2025:KHC:9546 CRL.P No. 14052 of 2024 Under the circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Arguments
(BY SMT.N.ANITHA GIRISH., HCGP) …RESPONDENTS THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING - 2 - NC: 2025:KHC:9546 CRL.P No. 14052 of 2024 THAT THIS HONOURABLE COURT MAY BE PLEASED TO ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.24/2024 OF VIVEKNAGAR POLICE NOW IN SPL.C.NO.760/2024 PENDING BEFORE THE HONBLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FTSC IV FOR THE OFFENCE P/US/ 376, 109, 370, 370-A OF IPC U/S.5(L), 6, 17 OF POCSO ACT 2012 U/S.3, 4, 5, 7(1), 7(1)(a) OF IMMORAL TRAFFIC PREVENTION ACT 1956. 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.2 in Spl.C.No.760/2024 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.24/2024 registered by Viveknagar Police Station, Bengaluru City for the offences punishable under Sections 376, 109, 370 and 370(A) of IPC, Sections 5(L), 6 and 17 of the Protection of Children from Sexual Offenses Act, 2012 (for short 'POCSO Act') and Sections 3, 4, 5, 7(1), 7(1)(A) of the Immoral - 3 - NC: 2025:KHC:9546 CRL.P No. 14052 of 2024 Traffic Prevention Act, 1956, is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.24/2024 was registered by Viveknagar Police Station, Bengaluru City, against Munna Suravra and others for the aforesaid offences, on the basis of the first information dated 04.02.2024 received from respondent No.2 who was the Inspector of Police attached to Viveknagar Police Station, Bengaluru City. 4. During the course of investigation of the case, petitioner herein who is arraigned as accused No.2 in the FIR was arrested on 04.02.2025 and remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.10515/2024 was rejected on 7th December, 2024. Therefore, he is before this Court. 5. Learned Counsel for the petitioner submits that accused Nos.1 and 3 have been granted regular bail by - 4 - NC: 2025:KHC:9546 CRL.P No. 14052 of 2024 this Court in Crl.P.No.11799/2024. Allegation against the petitioner is that he had leased his property to the other accused persons and the said property was used for the purpose of committing the alleged crime. Petitioner has no other criminal antecedents. Victim girls are already examined before the Trial Court as P.W.1 and P.W.2. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed this petition. She submits that allegations against the petitioners are serious and therefore his prayer needs to be rejected. 7. Material on record would go to show that based on credible information received on 04.02.2024 a raid was conducted to the premises in which illegal business of prostitution was being conducted by accused Nos.1 and 3 and the alleged victims were rescued from the said premises and accused Nos.1 to 5 were arrested and subsequently, remanded to judicial custody. Investigation of the case was completed and chargesheet has been filed - 5 - NC: 2025:KHC:9546 CRL.P No. 14052 of 2024 against five persons. Petitioner is arraigned as accused No.2 in the chargesheet. Allegation against the petitioner herein in the chargesheet is that he is owner of the premises in which the raid was conducted and the said premises was used for the purpose of carrying on the illegal activity of prostitution by all the accused persons. Allegation against accused Nos.1 and 3 is that they had induced the victim girls with the assurance that they would provide employment in beauty parlour and they had brought the victim girls to Bengaluru from Bangladesh and thereafter, the victim girls were used for the purpose of illegal activities of prostitution. Accused Nos.1 and 3 have
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.760/2024 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.24/2024 registered by Viveknagar Police Station, Bengaluru City for the offences punishable under Sections 376, 109, 370 and 370(A) of IPC, Sections 5(L), 6 and 17 of the Protection of Children from Sexual Offenses Act, 2012 (for short 'POCSO Act') and Sections 3, 4, 5, 7(1), 7(1)(A) of the Immoral Traffic Prevention Act, 1956, subject to the following conditions: a) The 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; - 7 - NC: 2025:KHC:9546 CRL.P No. 14052 of 2024 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 45