- 1 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3063 OF 2025 BETWEEN: PARIMAL DAS S/O HAREN DAS AGED ABOUT 33 YEARS, R/AT NO-46/3. 1ST FLOOR, 8TH CROSS, 2ND MAIN, ANEPALYA BENGALURU CITY -560 027 …PETITIONER (BY SRI. BASAVARAJU T.A, ADVOCATE) AND: 1. STATE OF KARNATAKA ASHOKNAGAR POLICE STATION BANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR PUBLIC PROSECUTORS OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU-560 001 2. XXXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP) Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.203/2024 OF ASHOKNAGAR POLICE STATION, BENGALURU CITY FOR AN OFFENCE P/US/ 370(4), 376(2)(n), 376(3), 109 OF IPC AND SEC.4(2), 5(1), 6 AND 16 OF POCSO ACT AND SEC.3(1), 3(2B), 4 AND 5 OF ITP ACT, WHICH IS PENDING ON THE FILE OF THE HON'BLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC VI, BENGALURU CITY IN SPL.C.C.NO.1497/2024. 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.1497/2024 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-VI Bengaluru arising out of Crime No.203/2024 registered by Ashoknagar Police Station, Bengaluru City for the offences punishable under Sections 3(1), 3(2B), 4 and 5 of Immoral Traffic Prevention Act, 1956, Sections 370(4), 376(2)(n), 376(3) and 109 of IPC and Sections 4(2), 5(l), 6 and 16 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel appearing for the parties. - 3 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 3. FIR in Crime No.203/2024 was registered by Ashoknagar Police Station, Bengaluru City initially for the offences punishable under Sections 3, 4 & 5 of Immoral Traffic Prevention Act, 1956 and Sections 370, 370(2) of IPC based on the first information dated 20.06.2024 received from Chandrappa Barki, Police officer attached to CCB wing, Bengaluru. 4. During the course of investigation, the petitioner herein, who was arraigned as accused No.1 in FIR, was arrested on 20.06.2025 and subsequently produced before the Court and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed as against four persons for the aforesaid offences. Petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.8386/2024 was rejected on 23.10.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that there is no allegation against the petitioner about he committing any sexual assault on the minor victim girl-CW.11. - 4 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 He submits that accused Nos.2 to 4 have already been enlarged on bail in the present case and the allegation as against this petitioner is similar. Petitioner has no criminal antecedents and he is in judicial custody for about last one year. CW.11 is already examined before the Trial Court as PW.1. CW.10, who is the other victim girl in the present case, has remained absent before the Trial Court on the last seven dates of hearing and therefore, she could not be examined before the Trial Court. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP for respondent No.1 and learned counsel for respondent No.2 have opposed the petition. They submit that CW.11 is a minor and therefore, the alleged offences get attracted against the accused persons. Accused Nos.2 and 3 were granted bail for the reason that they are ladies and therefore, ground of parity cannot be extended to the petitioner herein. They submit that the petitioner has aided for committing alleged offences and therefore, Section 16 of the POCSO Act gets attracted against him. They also submit that petitioner hails from West Bengal State and in the event - 5 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 he is enlarged on bail, he may flee away from justice. Accordingly, they pray to dismiss the petition. 7. Material on record would go to show that based on credible information received by the first informant, a raid was conducted to a premises situated within the jurisdiction of Ashoknagar Police Station, Bengaluru on 20.06.2024 and from the said premises, accused Nos.1 to 3 were arrested and C.W-10 and C.W-11, who are the alleged victims in the present case, were rescued. Accused Nos.1 to 3 were arrested on 20.06.2024 and subsequently produced before the Court and remanded to judicial custody. Amongst the rescued victims, CW.11 was found to be a minor. Police, after completing the investigation, have filed charge sheet against four accused persons for the aforesaid offences. Allegation in the charge sheet is that accused Nos.1 to 3 were running illegal business of prostitution in the premises bearing registration No.46/3, 8th Cross, 2nd Main, Anepalya, Bengaluru within the jurisdiction of Ashoknagar Police Station, Bengaluru and with an intention of making money, they had brought CW.10 from West Bengal to Bengaluru for the purpose of their illegal business of - 6 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 prostitution. It is further alleged that accused No.4 who is a maternal aunt of CW.11, had brought CW.11, who is a minor, from Punjab to Bengaluru and left her in the house of her friend i.e., accused No.3-Pooja. Accused No.3 along with accused Nos.1 and 2, allegedly had thereafter pushed CW.11 to the illegal business of prostitution. 8. Material on record would go to show that CW.11, who hails from Punjab was in love with a boy namely Sandeep Singh @ Deep and she had eloped with him from her house at Punjab and therefore, her parents had given a police complaint and in the said case, Sandeep Singh @ Deep was arrested. But the whereabouts of the victim girl were not known. Subsequently on 21.06.2024, parents of the victim girl were informed by the Bengaluru Police that victim girl was in their custody, however, parents of the victim girl have not acknowledged their relationship either with the victim girl or with accused No.4, who is said to be younger sister of the mother of CW.11. There is nothing on record to show that accused Nos.1 to 3 knew that victim girl was a minor. Accused Nos.2 and 3, who were arrested along with accused No.1 and - 7 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 as against whom similar allegations are found in the charge sheet, have been granted regular bail in Crl.P.No.12069/2024 disposed of on 27.11.2024. Subsequently, accused No.4 also has been granted regular bail in Crl.P.No.12722/2024 disposed of on 17.12.2024. 9. As stated earlier, there is no allegation against the petitioner or any other accused about they committing any kind of sexual assault on the victim girls namely CW.10 and CW.11. CW.11, who is the minor victim girl, is already examined before the trial Court as PW.1 and therefore, there cannot be apprehension that the accused may tamper with CW.11, who is the prime witness in the present case. 10. So far as other victim girl CW.10 is concerned, it is brought to the notice of this Court that on the last seven dates of hearing, she has not appeared before the Trial Court for the purpose of her examination. This aspect is not denied by learned HCGP or by the learned counsel appearing for respondent No.2. Undisputedly, petitioner has no other criminal antecedents. He is in custody nearly for the last one year. In the charge sheet, which is filed in the present case, prosecution - 8 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 has altogether cited 25 charge sheet witnesses and till date, only one witness has been examined. Therefore, there are no chances of trial being completed and case being disposed of on merits in the near future. The apprehension expressed by the learned HCGP and learned counsel appearing for respondent No.2 can be taken care of by imposing appropriate conditions on the petitioner while enlarging him on bail. 11. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.1497/2024 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-IV Bengaluru, arising out of Crime No.203/2024 registered by Ashoknagar Police Station, Bengaluru City, for the offences punishable under Sections 3(1), 3(2B), 4 & 5 of Immoral Traffic Prevention Act, 1956, Sections 370(4), 376(2)(n), 376(3), 109 of IPC and Sections 4(2), 5(l), 6 & 16 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh - 9 - HC-KAR NC: 2025:KHC:19633 CRL.P No. 3063 of 2025 only) with two sureties out of which, one shall be local surety 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 her 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 the said Court until the case registered against her is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE VM List No.: 1 Sl No.: 45