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2025 DAILYLAW 13680 (KAR)

SHAIK MOHAMMED MAHEEN v. THE STATE

CRL.P/663/2025 · 2025-02-13

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:6536 CRL.P No. 663 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 663 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SHAIK MOHAMMED MAHEEN AGED ABOUT 30 YEARS, R/A NO. 28, SLATER HOUSE ROAD, SULTAN G GUNTA ROAD, SHIVAJI NAGAR, BENGALURU - 560 001. …PETITIONER (BY SMT. HALEEMA AMEEN.,ADVOCATE) AND: 1. THE STATE BY PULIKESHINAGAR POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. ARJUN PATYAM, F/O 'X' AGED MAJOR NO.10, LLOYD ROAD, COOKE TOWN, BANAGALORE - 560 005. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.392/2024 OF PULAKESHINAGAR POLICE STATION REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTIONS 75(2) OF BNS, AND SECTION 7 AND 8 OF POCSO ACT, PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-I, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6536 CRL.P No. 663 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is arraigned as an accused in Crime No.392/2024 of Pulakeshinagar Police Station, Bengaluru City, registered for the offence punishable under Section 7 and 8 of the POCSO Act, Section 75(2) of the BNS, 2023. 3. In the complaint lodged by victim’s father, he has alleged that his minor daughter aged about 17 years had booked an Ola bike in Ola app, to travel from her college to home on 16.11.2024 at about 05:25 p.m. The driver (petitioner), on the way back to her house, near Cox Town flyover, touched her inappropriately and tried to molest her etc. 4. Contention of the learned counsel is that petitioner has been implicated in a false case, since he did - 3 - NC: 2025:KHC:6536 CRL.P No. 663 of 2025 not agree to the request of the victim to go in a particular route and this resulted in some verbal quarrel which ultimately ended in filing a false compliant against him. 5. Statement of the victim is already recorded by the Magistrate. Investigation is completed and charge sheet is also filed. While filing charge sheet Section 75(2) of BNS, 2023 has been deleted. Petitioner was arrested on 21.11.2024. He is in custody since then. Offence alleged are punishable with maximum imprisonment of 5 years. Having regard to the facts and circumstances, by imposing necessary conditions, relief sought by the petitioner can be granted. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused in Crime No.392/2024 of Pulakeshinagar Police Station, Bengaluru City is ordered to be released on bail subject to following conditions: - 4 - NC: 2025:KHC:6536 CRL.P No. 663 of 2025 a) He shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is change in the address. c) He shall not tamper with the prosecution witnesses either directly or indirectly. d) He shall appear before the trial Court on all dates of hearing without fail. iii) Violation of any of the conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 35