- 1 - NC: 2025:KHC:6516 CRL.P No. 1397 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. 1397 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: NAYAZ PASHA S/O LATE WAJID PASHA, AGED ABOUT 32 YEARS, RESIDING AT: NO.177, 5TH CROSS, 11TH MAIN, MANGO GARDEN, BIKASIPURA, KUMARSWAMY LAYOUT, BENGALURU-560 078. …PETITIONER (BY SRI. GIRISH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOUTH WOMEN PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. HIFZA BHANU W/O SYED SIDDIQ, AGE 24 YEARS, R/AT Z.R. RESIDENCY, MEENUKUNTE, HOSUR ROAD, BENGALURU-560 057. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R-1; SMT. SULOCHANA V., ADVOCATE FOR R-2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6516 CRL.P No. 1397 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT SOUTH WOMEN POLICE TO RELEASE THE PETITIONER IN CR.NO.123/2024 IN CRL.MISC.NO.22/2025 PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (FTSC-III), BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 5(L), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND 64(2)(f), 64(2)(m), 115(2), 127(4), 351(2), 351(3), 61(2), 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 accused No.1 in Crime No.123/2024 of South Women Police Station, Bengaluru City, pending on the file of the Court of Additional City Civil and Sessions Judge - FTSC III, Bengaluru City in Spl.C.C.No.2058/2024. - 3 - NC: 2025:KHC:6516 CRL.P No. 1397 of 2025 3. Complaint is lodged by victim’s sister (CW.1) on the basis of which case was registered against accused Nos.1 to 3. 4. It is alleged that the petitioner has committed aggravated penetrative sexual assault on a minor victim between 16.07.2024 and 11.08.2024. 5. Charge sheet is filed against accused Nos.1 to 3 for offences punishable under Section 64(2)(f), 64(2)(m), 115(2), 127(4), 351(2), 351(3), 61(2) r/w 3(5) of BNS, 2023 and Section 5(l) and 6 of POCSO Act, 2012. 6. In this case, the evidence of the complainant namely the victim’s sister as well as the victim girl has been recorded by the trial Court. Both the witnesses have denied the prosecution case. 7. Since the evidence of complainant and the victim has been recorded, question of tampering the said witnesses does not arise. Petitioner is in judicial custody from 28.08.2024. Accused Nos.2 and 3 are already - 4 - NC: 2025:KHC:6516 CRL.P No. 1397 of 2025 enlarged on bail. Hence, without expressing any view on the merits of the case, petitioner can be admitted to bail by imposing conditions: ORDER (i) Petition is allowed. (ii) Petitioner/accused No.1 in Spl.C.C.No.2058/2024 pending on the file of the Court of Additional City Civil and Sessions Judge - FTSC III, Bengaluru City (Crime No.123/2024 of South Women Police Station, Bengaluru) shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in 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 proof of his residential address and shall inform the Court, if there is change in the address. - 5 - NC: 2025:KHC:6516 CRL.P No. 1397 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 42 Ct:ar