Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17812 CRL.P No. 5329 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5329 OF 2025 BETWEEN:
AMEEN KHAN S/O LATE.JAMEER AGED ABOUT 20 YEARS R/AT NO.20, PATHIMAGALLI MUNEGOWDA GARDEN NEELASANDRA, BENGALURU - 560 049. …PETITIONER (BY SRI ABDUL NABI, ADV.) AND:
THE STATE OF KARNATAKA ASHOK NAGAR P.S REP. BY STATE PUBLIC PROSECUTOR CITY CIVIL COURT COMPLEX BENGALURU. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.320/2024 (NOW IN CC.NO.74300/2024) OF AHSOK NAGAR POLICE FOR THE ALLEGED OFENCE P/U/S. 64, 87 OF BNS PENDING ON THE FILE OF XXIX ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI D Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17812 CRL.P No. 5329 of 2025
ORAL ORDER
Accused in Crime No.320/2024 registered by Ashoknagar Police Station, Bengaluru City for the offences punishable under Sections 64 & 87 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned appearing for the parties.
3. FIR in Crime No.320/2024 was registered by Ashoknagar Police Station, Bengaluru City initially for the offence punishable under Section 64 of BNS, 2023 against the petitioner herein, on the basis of first information dated 14.10.2024 received from the victim girl, aged about 19 years. During the course of investigation, the petitioner was arrested on 15.10.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.2274/2025 was dismissed on 22.03.2025. Therefore, he is before this Court.
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NC: 2025:KHC:17812 CRL.P No. 5329 of 2025
5.
Learned counsel for the petitioner submits that the petitioner and the victim girl were in love. The petitioner aged about 20 years having no criminal antecedents is in custody for the last six months. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP has opposed the petition. She submits that the victim girl has made serious allegation against the petitioner in her statement recorded under Section 183 of BNS, 2023. Accordingly, she prays to allow the petition. 7. Perusal of the material on record would go to show that, the petitioner and the victim girl are acquainted to each other. In the statement of the victim girl under Section 183 of BNS, 2023 recorded before the jurisdictional Magistrate on 25.10.2024 she has stated that the petitioner has been following her for the last two years and he was pestering her to love him. On 13.10.2024 at about 8.30 p.m, when she was returning from her office, the petitioner called her over phone and on her way to her house, the petitioner who was in his activa scooter allegedly forced her to come along with him in his activa scooter and caused injury to her. Subsequently, the petitioner forcibly took her to a lodge in his scooter and in the
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NC: 2025:KHC:17812 CRL.P No. 5329 of 2025
said lodge he allegedly had sexual intercourse with her multiple times and on the next day, after vacating room, the payment towards room rent was paid through google pay account of the victim girl and thereafter she received a phone call from her uncle and the petitioner allegedly informed her uncle that he intends to marry her. Subsequently, the victim girl also received a phone call from her father. Thereafter, the victim girl received a phone call from the mother of the petitioner and she came to the house of the petitioner along with his mother and she was allegedly made to write in a paper stating that she had voluntarily gone with the petitioner. 8. From a reading of the aforesaid statement made by the victim girl, it appears that, the petitioner and the victim girl were in love and this was also known to their parents.
The victim girl had stated that she has received a phone call from the mother of the petitioner on her mobile phone after she came out of the lodge, which goes to show that, she is acquainted to the family of the petitioner. 9. Investigation of the case is complete and charge sheet has been filed. The petitioner is in custody from
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NC: 2025:KHC:17812 CRL.P No. 5329 of 2025
15.10.2024. Continued detention of the petitioner in custody would have a adverse impact on his career. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following:
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.320/2024 registered by Ashoknagar Police Station, Bengaluru City for the offences punishable under Sections 64 & 87 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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;
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NC: 2025:KHC:17812 CRL.P No. 5329 of 2025
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS