- 1 - NC: 2025:KHC:12276 CRL.P No. 1694 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1694 OF 2025 BETWEEN: MR MOTI SINGH AGED ABOUT 31 YEARS S/O. MR. BAHERA SINGH NO. 32, MARUTHINILAYA PLOT NO.1, NEAR SHANI TEMPLE VINAYAKA LAYOUT DODDATHOGURU ELECTRONIC CITY BENGALURU 560 100. …PETITIONER (BY SRI. JAI PRAKASH RAO.,ADVOCATE) AND: 1. STATE BY HSR LAYOUT POLICE STATION HSR LAYOUT BENGALURU CITY - 560 102 REPRESENTED BY THE HIGH COUR GOVERNMENT PLEADER HIGH COURT BUILDING VIDHANA VEEDHI ROAD BENGALURU-560 001. 2. MRS. SAUMYA .N/POLICE INSPECTOR WOMEN PROTECTION WING CENTRAL CRIME BRANCH Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12276 CRL.P No. 1694 of 2025 SHANTHI NAGARA BENGALURU - 560 027. 3. XXX VICTIM REPRESENTED BY BALAKIYARA BALAMANDIRA C/O HSR POLICE STATION BENGALURU. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 & R2 SRI. HARSHITH B .,ADVOCATE FOR R3) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.2578/2024 IN CRIME NO.378/2024 REGISTERED AT HSR LAYOUT POLICE STATION, FOR THE ALLEGED OFFENCE P/US/ 3,4,5 OF IMMORAL TRAFFIC (PREVENTION) ACT, SEC.143(2) OF BNS ACT 2023 AND SEC.4,6,8,16 AND 18 OF POCSO ACT, WITH SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT AND ETC. 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 respondent Nos.1 and 2 and learned counsel for respondent No.3. 2. This petition is preferred to enlarge the petitioner/accused No.3 on bail in Crime No.378/2024 of H.S.R. Layout Police Station, Bengaluru. Aforementioned crime was registered against accused Nos.1 and 2 for the offence punishable under Sections 3, 4 and 5 of Immoral Traffic - 3 - NC: 2025:KHC:12276 CRL.P No. 1694 of 2025 (Prevention) Act, 1956, Sections 8, 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Sections 143(2) and 143(3) of the Bharathiya Nyaya Sanhita (BNS), 2023. 3. Charge sheet is filed against accused Nos.1 to 4 for the offence punishable under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956, under Section 143(2) of the Bharathiya Nyaya Sanhita (BNS), 2023 and under Sections 4, 6, 8, 16 and 18 of POCSO Act, 2012 4. In the charge sheet, petitioner is arraigned as accused No.3, he was arrested on 16.10.2024 and in judicial custody since then. 5. Briefly stated, it is the case of prosecution that accused Nos.1 and 2 were running a brothel in house No.454/A, 3rd Floor, Narayananamma B.V. Yadav house, Sector-3, HSR Layout, Bengaluru city and that they have procured a minor girl of Bangladesh origin and conducting prostitution in said house. It is the further case of the prosecution that on receiving a credible information, the CCB Police conducted a raid in the said house and found that petitioner/ accused No.3 was present - 4 - NC: 2025:KHC:12276 CRL.P No. 1694 of 2025 along with the minor victim and accused No.4 being the aunt of the minor victim was also involved in the offence. 6. Learned High Court Government Pleader for respondent Nos.1 and 2 has opposed the prayer for bail contending that the offence committed is heinous in nature, wherein, the petitioner has committed a heinous act against a minor victim aged only 15 years. She contended, as per the FSL report, seminal stains were noticed on the articles that were seized etc and therefore, there is a prime-facie case against the petitioner. 7. Learned counsel appearing for respondent No.3 contended that victim has given a statement naming the petitioner and therefore, there is a prime-facie case against the petitioner for committing a heinous offence. He further contended that in view of the judgment of the High Court of Kerala in the case of Abhijith Vs. State of Kerala in Crl.R.P.No.1208/2023 disposed of on 21.12.2023, a customer also come within the purview of Section 5 of the Immoral Traffic (Prevention) Act, 1956. He therefore - 5 - NC: 2025:KHC:12276 CRL.P No. 1694 of 2025 contended that the petitioner is not entitled for the relief of bail. 8. I have perused the statement of victim recorded on 18.10.2024, as per which, the Police conducted a raid on 16.10.2024 and arrested the petitioner who was present in the house along with her. 9. It is the specific case of the prosecution that accused Nos.1 and 2 were running a brothel in a rented house and upon receiving a credible information, CCB police conducted a raid on the night intervening 15.10.2024 and 16.10.2024 and arrested accused Nos.1 to 3 and rescued the victim girl. 10. Learned counsel for the petitioner has drawn the attention of the Court to the Medical Examination Report of the victim and history furnished therein. As per which, sexual intercourse was committed on the victim about three days back i.e, on 13.10.2024 by an unknown. If the said document is taken into consideration, at this stage a reasonable doubt arises in the mind of the Court about the allegations made against the petitioner that he was present in the house on 16.10.2024 along with the victim. It is not stated while - 6 - NC: 2025:KHC:12276 CRL.P No. 1694 of 2025 furnishing history by the victim that she was subjected to sexual assault on the said day of raid. 11. Learned counsel for respondent No.3 has contended that the petitioner is a resident of the State of Rajasthan and therefore, if he is enlarged on bail, there are chances of absconding. 12. Prosecution has to establish the case against the petitioner during trial. Petitioner has no criminal antecedents. He is in judicial custody from 16.10.202. Investigation is completed and charge sheet is already filed. The apprehension of the State and respondent No.3 may be safeguarded by imposing stringent conditions. Hence, the following: ORDER i) Petition is allowed. ii) The petitioner/accused No.3 is ordered to be released on bail in Spl.C.C.No.2578/2024, pending before the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru (Crime No.378/2024 of H.S.R. Layout Police Station, Bengaluru), subject to following conditions: a) Petitioner/accused No.3 shall execute a personal bond in a sum of Rs.1,00,000/- - 7 - NC: 2025:KHC:12276 CRL.P No. 1694 of 2025 (Rupees One Lakh only) with two sureties out of which one shall be a local surety, for the likesum to the satisfaction of the Trial Court. b) He shall furnish proof of his residential address and shall furnish his contact number and inform the Investigation Officer/Court, if there is any change in the address or the contact number. c) He shall mark his attendance before the jurisdictional Police Station on every Sunday between 10:00 am and 01:00 pm for a period of three months. d). He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on every date of hearing without fail. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE RL/-