- 1 - NC: 2025:KHC:11909 CRL.P No. 1728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1728 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI SHABEER PASHA S/O. BASHA SAB, AGED ABOUT 23 YEARS, R/AT GANJIGUNTE VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT, PIN CODE-562 105. …PETITIONER (BY SRI. SYED ZAHEERUDDIN BAREED., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER, DIBBURHALLI POLICE STATION, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. *** …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1, SRI. MAHESH KUMAR K.M., ADV. FOR R2.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE ANTICIPATORY BAIL PETITION AND DIRECT THE RESPONDENT NO.1, DIBBURU HALLI POLICE, THAT IN THE EVENT OF THE ARREST OF THE PETITIONER / ACCUSED NO.3 TO ENLARGE HIM ON BAIL FOR THE OFFENCES Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11909 CRL.P No. 1728 of 2025 P/U/S 137(2),54,64(2)(m),87,127(4) OF BNS ACT AND SEC.6,8,12,17 OF THE POCSO ACT AND SEC.9 OF THE PROHIBITION OF CHILD MARRIAGE ACT ARISING OUT OF CR.NO.100/2024 REGISTERED BY THE RESPONDENT NO.1 DIBBURHALLI P.S. AND PENDING ON THE FILE OF THE FAST TRACT SPL.COURT-1 (POCSO) ADDL. SESSION JUDGE AT CHIKKABALLPURA IN SPL.S.C.NO.180/2024. THIS PETITION, COMING ON FOR ORDERS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in Spl.S.C.No.180/2024 pending before the Court of the Fast Track Special Court - I (POCSOA), Additional Sessions Judge, Chikkaballapura arising out of Cr.No.100/2024 registered by Dibburahalli Police Station, Chikkaballapura, for offences under Sections 137(2), 54, 64(2)(m), 87, 127(4) of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS') and Sections 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') and Section 9 of Prohibition of Child Marriage Act, 2006, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Learned counsel for - 3 - NC: 2025:KHC:11909 CRL.P No. 1728 of 2025 respondent No.2 submits that he has no objection to allow the petition. 3. FIR in Crime No.100/2024 was registered by Dibburahalli Police Station, Chikkaballapura District, initially against accused No.1 for the offence 137 (2) of BNS, 2023 based on the first information dated 25.08.2024 received from respondent No.2, who is the father of victim girl. After completion of investigation, charge sheet has been filed against four persons and petitioner is arrayed as accused No.3 in the charge sheet. Apprehending arrest in the present case, he had filed Crl.Misc.No.834/2024 before the jurisdictional Sessions Court, which was rejected on 18.01.2025. Therefore, he is before this Court. 4. Perusal of charge sheet allegation would go to show that only allegation against the petitioner is that on 25.08.2024, accused Nos.1, 2 and 4 had used the Auto- rickshaw of petitioner to kidnap the victim girl-CW2. It is alleged that petitioner was the driver of the Auto-rickshaw bearing Reg.No.KA-04-C-7946, in which, accused Nos.1, 2 and - 4 - NC: 2025:KHC:11909 CRL.P No. 1728 of 2025 4 had taken the victim girl-CW2. Except aforesaid allegation, there is no other allegation against the petitioner. 5. It is not in dispute that the petitioner has no other criminal antecedent. Investigation of the case is already completed and charge sheet is filed. Considering the nature of allegations found against the petitioner in the charge sheet, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.100/2024 registered by Dibburahalli police station for the offences punishable under Sections 137(2), 54, 64(2)(m), 87, 127(4) of BNS, 2023 and Sections 6, 8, 12 and 17 of the POCSO Act and Section 9 of Prohibition of Child Marriage Act, 2006, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date - 5 - NC: 2025:KHC:11909 CRL.P No. 1728 of 2025 of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE BH List No.: 1 Sl No.: 42