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2025 DAILYLAW 25987 (KAR)

SRI.S.MOHAMMED AMANULLA @ SYED AMANULLA v. STATE OF KARNATAKA

CRL.P/6598/2025 · 2025-06-03

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18644 CRL.P No. 6598 of 2025 C/W CRL.P No. 7575 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6598 OF 2025 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 7575 OF 2025 (482(Cr.PC) / 528(BNSS) IN CRL.P No. 6598/2025 BETWEEN: SRI S. MOHAMMED AMANULLA @ SYED AMANULLA S/O AR SHAFIULLA AGED ABOUT 35 YEARS R/AT . 840/7 NEAR MOHAN MEDICAL SHOP AVALAHALLI, ANJANAPURA BENGALURU CITY – 562 106. …PETITIONER (BY SRI. AVINASH P..,ADVOCATE) AND: 1. STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION, REP BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 009. 2. SMT FAMIDA BANU, W/O MOHAMMED FAKRUDDIN, AGED ABOUT 38 YEARS R/AT 188, 10TH MAIN ROAD, YARABNAGAR, BSK II STAGE, BENGALURU – 560 106. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 & R-3 SRI. KIRAN.C.R, ADVOCATE FOR R-2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ARREST AND REMAND AGAINST THE VIDE ANNEXURE-A AND B THE PETITIONER IN SPL.C.NO.287/2025 FOR THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18644 CRL.P No. 6598 of 2025 C/W CRL.P No. 7575 of 2025 OFFENCE P/U/S 5(m), 5(n), AND 6 OF POCSO ACT, FILED BY THALAGHATTAPURA P.S., NOW IS PENDING BEFORE LEARNED ADDL. DISTRICT AND SESSIONS COURT, FTSC-I HENCE THIS PETITION. IN CRL.P NO. 7575/2025 BETWEEN: SRI MOHAMMED AMANULLA ALIAS SYED AMANULLA S/O A R SHAFIULLA AGED ABOUT 35 YEARS R/AT 840/7 NEAR MOHAN MEDICAL SHOP AVALAHALLI, ANJANAPURA BENGALURU CITY ...PETITIONER (BY SRI. AVINASH P..,ADVOCATE) AND: 1. STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION, REP BY HIGH COURT SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 009. 2. SMT FAMIDA BANU, W/O MOHAMMED FAKRUDDIN, AGED ABOUT 38 YEARS R/AT .188, 10TH MAIN ROAD, YARABNAGAR, BSK II STAGE, BENGALURU ...RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. SANTHOSH KUMAR.M.B,,ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 439 CR.A/W U/S 483 BNSS ACT PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.287/2025 FOR THE OFFENCES P/U/S 5(m), 5(n), AND 6 OF POCSO ACT FILED BY THALAGHATTAPURA P.S NOW IS PENDING BEFORE LEARNED ADDL.,DISTRICT AND SESSIONS JUDGE, FTSC-I, UPON DISMISSAL THE BAIL PETITION IN CRL.MISC.NO.664/2023 BY THE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I, BENGALURU RURAL DISTRICT. THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:18644 CRL.P No. 6598 of 2025 C/W CRL.P No. 7575 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In Crl.P.No.6598/2025, petitioner seeks for the following reliefs: “Wherefore the petitioner prays that this Hon’ble court may be pleased to set aside the arrest and remand against vide Annexure-A&B the petitioner in Spl.C.No.287/2025 for the offences punishable under Section 5(m), 5(n) and 6 of POCSO ACT filed by Thalaghattapura P.S. now is pending before Learned Addl.District and Sessions Court FTSC-I. Hence this petition in the interest of Justice and Equity.” In Crl.P.No.7575/2025, petitioner seeks for the following reliefs: “Wherefore the petitioner prays that this Hon’ble court may be pleased to set aside the arrest and remand against vide Annexure-A&B the petitioner in Spl.C.No.287/2025 for the offences punishable under Section 5(m), 5(n) and 6 of POCSO ACT filed by Thalaghattapura P.S. now is pending before Learned Addl.District and Sessions Court FTSC-I, upon the dismissal the bail petition in Cri. Misc.No.664/2023 by the Addl. District and Sessions Judge, FTSC-1 Bengaluru Rural District Bengaluru.” - 4 - HC-KAR NC: 2025:KHC:18644 CRL.P No. 6598 of 2025 C/W CRL.P No. 7575 of 2025 2. After arguing the matter for sometime, learned counsel for the petitioner submits that both the petitions may be disposed of as withdrawn directing the Trial Court to dispose of the proceedings in Spl.C.C.No.287/2025 within a period of three months from the date of hearing of the case, which is posted before the Trial Court on 05.06.2025. 3. The aforesaid submission is placed on record. 4. Accordingly, both the petitions are disposed of directing the Trial Court to dispose of Spl.C.C.No.287/2025 within a period of three months from 05.06.2025. Petitioner-Mohammed Amanulla as well as the prosecution are directed to co-operate with the Trial Court for expeditious disposal of the case. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 42