- 1 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1355 OF 2025 BETWEEN: MR. SYED SHABHAZ S/O SYED ARIF, AGED ABOUT 27 YEARS, OCCUPATION: AUTO DRIVER, R/O. NO. 56 RENTED PREMISE BELONGING TO NAGINA BEGUM, KAUSAR MASJID ROAD, DINNUR MAIN ROAD, R.T. NAGAR, BENGALURU 560 045, THE PETITIONER IS IN JUDICIAL CUSTODY SINCE 21.12.2024 …PETITIONER (BY SRI. BASAVARAJU P., ADVOCATE) AND: 1. STATE OF KARNATAKA, KOTTANURU POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. XXXX …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R1; Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL, IN CONNECTION WITH CRIME NO.0475/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 4, 6, 7 AND 8 OF POCSO ACT, AND SEC.65(1) OF BNS ACT, REGISTERED BY THE KOTHANURU POLICE STATION PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-IV AT BENGALURU. 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 in Crime.No.475/2024 registered by Kottanuru Police Station, Bengaluru for offences punishable under Sections 65(1) of BNS 2023 and Sections 4, 6, 7 and 8 of POCSO Act is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - 3 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 No.1. Respondent No.2 is served in the matter and has remained unrepresented before this Court. 3. FIR in Crime.No.475/2024 was registered by Kottanuru Police Station, Bengaluru against the petitioner herein for the aforesaid offences based on the first information dated 17.12.2024 received from victim girl aged about 14 years. During the course of the investigation of the case, the petitioner herein was arrested on 20.12.2024, investigation in the case is completed and charge sheet has been filed for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.11895/2024 was rejected on 16.01.2025, therefore the petitioner is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that the petitioner has been falsely implicated in the present case at the instance of the victim's mother. He submits that the victim's mother is due to pay a sum of - 4 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 Rs.10,00,000/- (Rupees ten lakhs only) to the sister of the petitioner and cheque issued by the victim's mother towards repayment of the said amount was dishonoured on 12.12.2024 and thereafter a legal notice was issued to her. It is only in this background a false criminal case has been registered against the petitioner. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. She submits that the victim girl has made serious allegation against the petitioner herein in her first information as well as in her statement recorded under Section 183 of BNSS 2023. She submits that even the medical report of the victim girl support the case of the prosecution, accordingly she prays to dismiss the petition. 6. Victim girl in her first information dated 17.12.2024 has stated that the petitioner is acquainted to her and her mother from the year 2021 onwards. In the year 2022, the petitioner came to their house when the - 5 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 victim girl was alone and he had forcible sexual intercourse with her. She has further stated that in the year 2024, the petitioner once again came to their house and had forcible sexual intercourse with her, she has not mentioned the date or month of the alleged incident but she has stated that in the year 2022 and 2024 the petitioner had sexual intercourse with her. Even in her statement recorded under Section 183 of BNSS 2023, she has reiterated the allegations found in the first information. 7. Material produced before the Court by the learned counsel for the petitioner would go to show that the mother of the victim girl Mehnoor Aktar had issued a cheque for a sum of Rs.5,50,000/- (Rupees five lakhs fifty thousand only) in the name of Mohamad Saif, who is said to be the husband of the petitioner's elder sister Arbiya, and the said cheque was dishonoured by the drawee-Bank and thereafter, Arbiya had approached the Police on 03.12.2024 and submitted a compliant. The Police - 6 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 appears to have summoned both the parties and thereafter, fresh cheque was issued by the mother of victim girl in the name of Arbiya dated 12.12.2024 for a sum of Rs.10,00,000/- (Rupees ten lakhs only), and the said cheque was once again dishonoured and a legal notice was issued on behalf of Arbiya to the mother of the victim girl on 18.12.2024. 8. The first information in the present case is filed on 17.12.2024. It is the specific case of the petitioner that only after the cheques issued by the mother of the victim girl in the name of petitioner's sister and petitioner's brother-in-law was dishonoured, a false criminal case has been filed against the petitioner with an intention to coerce the petitioner and his family. Be that as it may, the investigation in the case is completed and chare sheet has been filed. The medical report of the victim does not clearly state about any recent sexual assault on her, even the victim girl has not mentioned the specific date or month of the alleged forcible sexual intercourse by the - 7 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 petitioner either in her first information or in her statement recorded under Section 183 of BNSS 2023. Under the circumstances, I am of the opinion that the prayer for grant of regular bail needs to be answered affirmatively, accordingly following: ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.475/2024 of Kottanuru Police Station, Bengaluru registered for the offences punishable under Sections 65(1) of BNS 2023 and Section 4, 6, 7 and 8 of POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; - 8 - NC: 2025:KHC:10500 CRL.P No. 1355 of 2025 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 AT List No.: 1 Sl No.: 40 CT:SNN