- 1 - NC: 2025:KHC:13055 CRL.P No. 2861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2861 OF 2025 BETWEEN: SAMEERA BANU (AS PER AADHAAR CARD) SAMEERA PHANU @ SAMEER BHANU (AS PER BAIL ORDERS) @SAMEER A BHANU @ SAMEERA (AS PER CHARGE SHEET), W/O NAYAZ PASHA AGED ABOUT 40 YEARS, PRESENTLY R/AT 454/A, 3RD FLOOR, NARAYANAMMA B.V. YADAV HOUSE, SECTOR-3, HSR LAYOUT, BENGALURU CITY - 560 102 PERMANENT R/AT 48, 9TH MAIN ROAD, PADARAYANAPURA, BENGALURU SOUTH, BENGALURU - 560 026 …PETITIONER (BY SRI. MOHAMMED PASHA C., ADV.) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, BANGALORE, REP BY S P P, HIGH COURT CAMPUS, BANGALORE- 560 001 2. SMT. SOWMYA N CENTRAL CRIME BRANCH, (WOMEN PROTECTION WING), OFFICE NO. 95, BTS BUS DEPOT ROAD, VINAYAKA NAGAR, KSRTC COLONY, WILSON GARDEN, BENGALURU 560 027. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13055 CRL.P No. 2861 of 2025 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH. HCGP FOR R1; SURYA B.E., ADV. FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS BAIL PETITION AND RELEASE THE PETITIONER ON BAIL IN VIDE SPL CC NO: 2578/2024 ARISING OUT OF CRIME NO. 378/2024 OF RESPONDENT HSR LAYOUT POLICE STATION PENDING ON THE FILE OF HONBLE FTSC-1 ADDL CITY CIVIL AND SESSION S JUDGE, AT BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 143(2), 143(3) OF BNS AND SECTION 3, 4, 5 OF ITP ACT AND SECTIONS 4, 6, 8, 16, 18 OF POCSO ACT, IN WHICH THIS PETITIONER IS ARRAYED AS ACCUSED NO.01. 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 No.1 in Spl.C.C.No.2578/2024 pending before the Court of Additional City Civil and Sessions Judge, FTSC-1 Bengaluru, arising out of Crime No.378/2024 registered by HSR Layout Police Station, Bengaluru, for offences punishable under Sections 143(2) and 143(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), Sections 3, 4 and 5 of Immoral Traffic Prevention Act (for short 'ITP Act') and Sections 4, 6, 8 16 and - 3 - NC: 2025:KHC:13055 CRL.P No. 2861 of 2025 18 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.378/2024 was registered by HSR Layout Police Station, Bengaluru for the aforesaid offences against the petitioner and other person, on the basis of the first information dated 15.10.2024 received from Smt. Saumya.N - Police Inspector attached to Central Crime Branch. 4. During the course of investigation of the case, petitioner was arrested on 16.10.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against four persons and the petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner in Crl.Misc.No.52/2025 before the Jurisdictional Sessions Court was rejected on 17.01.2025. Therefore, the petitioner is before this Court. - 4 - NC: 2025:KHC:13055 CRL.P No. 2861 of 2025 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that material on record would go to show that, victim girl who is now alleged to a minor was arrested in a case in Coimbatore in the year 2024, registered for offences under ITP Act and she was remanded to judicial custody in the said case. Therefore, a serious doubt arises with regard to her age. Petitioner is a married lady having three small children. There is absolutely no material to show that petitioner had the knowledge that the alleged victim was a minor and therefore, the alleged offences under POCSO Act cannot be invoked against the petitioner. 6. Per contra, learned High Court Government Pleader and learned counsel appearing for de-facto complainant have opposed the petition. They submits that material on record prima facie would go to show that victim is a minor and therefore, alleged offence get attracted against the accused person. Accordingly, they pray to dismiss the petition. 7. Material on record would go to show that, based on credible information received, a raid was conducted to a house within the jurisdiction of HSR Police Station, Bengaluru and from the said house, the victim lady was rescued and accused - 5 - NC: 2025:KHC:13055 CRL.P No. 2861 of 2025 named in the FIR were arrested and produced before the Jurisdictional Court. Petitioner who is a married lady is in custody from 16.10.2024 onwards. Investigation of the case is completed and the charge sheet is filed. 8. Perusal of the confession statement of the alleged victim would go to show that, she had left her house and was staying at Karnool in Andhra Pradesh and subsequently, she had come to Coimbatore in Tamil Nadu and in the month of July-2024, she got acquainted to a lady know as Jamura, who allegedly used her for the purpose of prostitution. The victim was arrested in Coimbatore on 14.07.2024 and subsequently, remanded to judicial custody and she was in custody for a period of 28 days. Therefore, a serious doubt arises with regard to the age of the victim girl. In addition to the same, there is absolutely no material which prima facie goes to show that petitioner knowing very well that victim girl was a minor had used her for the purpose of illegal business of prostitution. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- - 6 - NC: 2025:KHC:13055 CRL.P No. 2861 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.378/2024 registered by HSR Layout Police Station, Bengaluru, for offences punishable under Sections 143(2) and 143(3) of BNS, Sections 3, 4 and 5 of ITP Act and Sections 4, 6, 8 16 and 18 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; 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 - 7 - NC: 2025:KHC:13055 CRL.P No. 2861 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 45