- 1 - NC: 2025:KHC:17850 CRL.P No. 6067 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. 6067 OF 2025 BETWEEN: ABDUL HAFEEZ S/O LATE BABA JAN SHEB AGED ABOUT 76 YEARS R/A NO.35, 3RD CROSS SULTHAN NAGAR, THIMMAIAH ROAD CROSS SHIVAJINAGAR BANGALORE - 560 051. …PETITIONER (BY SRI SHIVARAMU H.C, ADV.) AND: 1. STATE OF KARNATAKA BY SHIVAJINAGAR POLICE REP. BY PUBLIC PROSECUTOR BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DTD:29.04.2025) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER/ACCUSED FROM JUDICIAL CUSTODY IN SPL.C.NO.2240/2023 ARISING OUT IN CRIME NO.103/2023 OF THE RESPONDENT POLICE REGISTERED FOR ALLEGED OFFENCE P/U/S. 354, 506 OF IPC SEC.8, 12 OF POCSO ACT PENDING BEFORE THIS HONBLE FTSC-I. 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 - 2 - NC: 2025:KHC:17850 CRL.P No. 6067 of 2025 ORAL ORDER 1. Accused in Spl.C.No.2240/2023 pending before the Court of Addl. District & Sessions Judge (FTSC-I), Bengaluru, arising out of Crime No.103/2023 registered by Shivajinagar Police Station, Bengaluru City, for the offences punishable under Sections 354, 506 IPC and Sections 8 & 12 of the POCSO Act, is before this Court under Section 439 Cr.PC, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that on the merits of the case, petitioner was granted regular bail by the jurisdictional Sessions Court in Crl. Misc. No.10434/2023 disposed of on 22.11.2023. For the reason that petitioner had not appeared before the Trial Court, coercive steps were taken against him and by executing non-bailable warrant issued against the petitioner, he was arrested on 03.04.2025 and subsequently remanded to judicial custody. Petitioner is aged about 76 years and he is suffering from multiple ailments, and therefore, he could not appear before the Trial Court on the regular dates of hearing. - 3 - NC: 2025:KHC:17850 CRL.P No. 6067 of 2025 4. Learned HCGP has not seriously opposed the petition. Respondent no.2 though served in the matter has remained unrepresented before this Court. 5. Perusal of the material on record would go to show that on the merits of the case, petitioner had been granted regular bail in the present case by the jurisdictional Sessions Court in Crl. Misc. No.10434/2023 disposed of on 22.11.2023. It appears that thereafter, petitioner had absented himself before the Trial Court on the regular dates of hearing, and therefore, NBW was issued against him and his presence was secured before the court on 03.04.2025 and on the said date, he was remanded to judicial custody. Learned Counsel for the petitioner has produced certain medical records of the petitioner which would go to show that petitioner is suffering from age old ailments. Petitioner is aged 76 years. It appears that because of his health conditions, petitioner could not appear before the Trial Court on the regular dates of hearing. For the mistake committed by the petitioner, he has been sufficiently punished. He is in custody from 03.04.2025. Under the circumstances, I am of the opinion that petitioner’s prayer - 4 - NC: 2025:KHC:17850 CRL.P No. 6067 of 2025 for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.2240/2023 pending before the Court of Addl. District & Sessions Judge (FTSC-I), Bengaluru, arising out of Crime No.103/2023 registered by Shivajinagar Police Station, Bengaluru City, for the offences punishable under Sections 354, 506 IPC and Sections 8 & 12 of the 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; - 5 - NC: 2025:KHC:17850 CRL.P No. 6067 of 2025 e) 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 KK