- 1 - NC: 2025:KHC:6424 CRL.P No. 1089 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1089 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. ABHIJIT DEKA @ ABHISHEK DEKA S/O PRATUL CHANDRA DEKA, AGED ABOUT 35 YEARS, NOW RESIDING IN BYRESHWARA BUILDING, 2ND CROSS, HENNUR, DODDA MARRAPPA LAYOUT, KALYAN NAGAR POS, BENGALURU CITY, KARNATAKA-560 043. …PETITIONER (BY SRI. SANDEEP C.T., ADVOCATE) AND: STATE OF KARNATAKA BY HENNUR P.S. BANASWADI SUB-DIVISION, BENGALURU CITY-560 054. REP: BY STATE PUBLIC PROSECUTOR. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE ON BAIL IN CRIME NO.593/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 64, 352 OF BNSS, 2023 PENDING ON THE FILE OF XI ADDL. CHIEF JUDICIAL MAGISTRATE COURT, BANGALORE CITY, MAYOHALL UNIT, AND PENDING ON THE FILE OF HENNUR PS, BANASWADI SUB-DIVISION, BENGALURU CITY. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6424 CRL.P No. 1089 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused in Cr.No.593/2024 of Hennur Police Station, Bengaluru City, registered for the offence under Section 64 and 352 of BNS, 2023 has preferred this petition seeking to enlarge him on bail. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. In the complaint dated 4.12.2024 lodged by the victim, she has alleged that she is a resident of Kulariya village, persando, Munger District, Bihar State. In search of a job, she came to Bengaluru on 29.11.2024. Her sister referred her to Bookmybai.com for house help job. She was given free food and accommodation by Bookmybai.com till she got a job. On 3rd December, she got a job as baby sitter in the house of Mrs.Tanmistha - 3 - NC: 2025:KHC:6424 CRL.P No. 1089 of 2025 Roy, resident of Byraweshwara Building, 2nd Cross, Doddamarappa Layout, Hennur, Kalyan nagar Post, Bengaluru. She was made to speak to the client via video conference before she went to the house. It is alleged that she was with the child from 4.00 pm to 11.00 pm. After that, she had dinner and went to sleep in a separate room. Allegations are that while she was scrolling her mobile phone, the accused entered her room and forcibly took out her blanket and started kissing her and told he has come to have sex with her and threatening her, removed her clothes and committed forcible sexual intercourse with her. 4. According to victim, on multiple occasions at regular intervals during night hours she was subjected to sexual assault. She has stated that, she woke up in the morning at 7.00 a.m. and cleaned the kitchen and prepared rotis. - 4 - NC: 2025:KHC:6424 CRL.P No. 1089 of 2025 5. The victim is aged about 26 years. Her statement is already recorded under Section 183 of BNSS, 2023. Investigation has been completed. 6. The prosecution has to establish the ingredients of the offence alleged against the petitioner in a full fledged trial. Having considered the facts narrated in the complaint and also considering that the petitioner has been arrested and interrogated and he is in judicial custody from 4.12.2024, without expressing any view on merits of the case, the relief sought in the petition can be granted. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused in Crime No.593/2024 of Hennur Police Station, pending on the file of Court of the XI Additional Chief Judicial Magistrate Court, Bengaluru, shall be enlarged on bail, subject to following conditions: - 5 - NC: 2025:KHC:6424 CRL.P No. 1089 of 2025 1. He shall execute a 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. 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 46 Ct:ar