- 1 - NC: 2025:KHC:15512 CRL.P No. 4088 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4088 OF 2025 BETWEEN: SANJAY PAIKIRA W/O LAKSHMIKANTHA PAIKIRA AGED ABOUT 41 YEARS R/AT NO-304, 3RD FLOOR LORDS ENCLAVE B. CROSS N.R. COLONY, MURUGESH PALYA VIMANAPURA, BENGALURU NORTH - 560 017. …PETITIONER (BY SRI BASAVARAJU T.A, ADV.) AND: 1. STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION BENGALURU REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR PUBLIC PROSECUTORS OFFICE HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DTD09.04.2025) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.443/2024 OF ELECTRONIC CITY P.S., BANGALORE, FOR THE OFFENCES P/U/S 3,4,5,6,7 OF ITP, U/S 143(2),64(2)(m) OF BNS, 2023, U/S 4,5(l),6,17 OF POCSO ACT, PENDING ON THE FILE OF HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II (SPECIAL COURT OF TRIAL OF CASES Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15512 CRL.P No. 4088 of 2025 FILED UNDER POCSO ACT), AT BENGALURU RURAL DISTRICT, IN SPL.C.NO.14/2025. 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.4 in Spl.C.14/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-II (Special Court of trial of cases filed under POCSO Act), Bengaluru Rural District arising out of Crime No.443/2024 registered by Electronic City Police Station, Bengaluru City for the offences punishable under Sections 3, 4, 5, 6 and 7 of Immoral Traffic Prevention Act, 1956, Sections 143(2) and 64(2)(m) of BNS, 2023 and Sections 4, 5(l), 6 & 17 of the Protection of Children from Sexual Offences Act, 2012 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:15512 CRL.P No. 4088 of 2025 4. FIR in Crime No.443/2024 was registered by Electronic City Police Station, Bengaluru City against Imran and others initially for the offence punishable under Section 3, 4, 5, 6, 7 of Immoral Traffic Prevention Act, 1956 and Section 143(2) of BNS, 2023, on the basis of first information dated 11.10.2024 received from Sri Siddappa, Police Officer attached to Electronic City Police Station. During the course of investigation, accused No.1 was arrested. After completing investigation, charge sheet has been filed against five persons and the petitioner herein is arraigned as accused No.4 in the charge sheet. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.204/2025, which was rejected on 18.03.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. The allegation against the petitioner is that he had abetted the other accused persons to commit the crime. Except the statement of co-accused (accused No.1) there is no other - 4 - NC: 2025:KHC:15512 CRL.P No. 4088 of 2025 material to connect the petitioner to crime. The victim girl has not made any allegation against the petitioner. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP for respondent No.1, who has opposed the bail petition does not dispute the submission made by learned counsel for the petitioner. 7. Perusal of the material on record would go to show that, name of the petitioner is not found in the FIR. During the course of investigation, accused No.1 Imran Khan was arrested. It appears that based on the statement of accused No.1, petitioner is also arraigned as accused No.4 in the present case. Accused No.1 is said to have been enlarged on bail by the jurisdictional Sessions Court. 8. As per charge sheet allegation, the petitioner had abetted the other accused persons to commit crime. The victim girl has not made any allegation against the petitioner about he committing any act of sexual assault on her. - 5 - NC: 2025:KHC:15512 CRL.P No. 4088 of 2025 9. Considering the aforesaid aspects of the matter, more so, nature of allegation found as against the petitioner in the charge sheet, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal 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 Spl.C.14/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-II (Special Court of trial of cases filed under POCSO Act), Bengaluru Rural District arising out of Crime No.443/2024 registered by Electronic City Police Station, Bengaluru City for the offences punishable under Sections 3, 4, 5, 6 & 7 of Immoral Traffic Prevention Act, 1956, Sections 143(2) and 64(2)(m) of BNS, 2023 and Sections 4, 5(l), 6 & 17 of - 6 - NC: 2025:KHC:15512 CRL.P No. 4088 of 2025 the Protection of Children from Sexual Offences Act, 2012 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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 NMS