- 1 - HC-KAR NC: 2025:KHC:21939 CRL.P No. 6822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6822 OF 2025 BETWEEN: JOSEPHINE NAMATA D/O ALEX @ NSEREKO ABBAS AGED ABOUT 30 YEARS, R/AT SITE. NO-34, PANCHAMUKHI ENCLAVE 3RD CROSS, NEAR SHEKAR HAID PARK APPARTMENT, IMMADIHALLI, WHITEFIELD, BENGALURU - 560 066. …PETITIONER (BY SRI. BASAVARAJU T.A, ADVOCATE) AND: STATE OF KARNATAKA BY WHITEFIELD POLICE STATION, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDI, AT BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.65/2022 OF WHITEFIELD POLICE STATION, FOR AN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21939 CRL.P No. 6822 of 2025 O/U/S 370 OF IPC AND SECTION 3, 4, 5, 7 OF I.T.P ACT, AND SECTION 14 OF FOREIGNERS ACT. WHICH IS PENDING ON THE FILE OF HONBLE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL DISTRICT IN S.C NO.25/2025. 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 in S.C.No.25/2025 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Benglauru arising out of Cr.No.65/2022 registered by Whitefield Police Station, Bengaluru, for the offences punishable under Section 370 of IPC and Sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act, 1956 (ITP Act for short) and Section 14 of the Foreigners Act, is before this Court under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:21939 CRL.P No. 6822 of 2025 3. Learned counsel for the petitioner submits that petitioner, who is aged about 30 years, was granted bail by the jurisdictional Sessions Court on the merits of this case in the year 2022 itself. For the reason that she had not appeared before the committal Court, her presence was secured and she was remanded to the Judicial Custody on 21.01.2025. The case is now already committed to the Sessions Court and the petitioner is ready and willing to cooperate before the trial Court for speedy disposal of the case. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition submits that the petitioner is a foreigner. In the event, she is enlarged on bail, it would be difficult to secure her presence. 5. FIR in the present case was registered against the petitioner for the aforesaid offences by Whitefield Police Station, Benglauru based on first information dated - 4 - HC-KAR NC: 2025:KHC:21939 CRL.P No. 6822 of 2025 17.03.2022 submitted by Thimmegowda, Police Officer, Whitefield Police Station. 6. Petitioner, who was arrested in the present case on 18.03.2022, was subsequently enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.675/2022 which was disposed of on 30.04.2022. It appears that subsequently the petitioner had not appeared before the Committal Court and coercive steps were taken against her and her presence was secured before the Committal Court on 21.01.2025. On the said date, she was remanded to judicial custody. The case as against the petitioner is now committed to jurisdictional Sessions Court and pending in S.C.No.25/2025. Be that as it may, the fact remains that on the merits of case the petitioner was already enlarged on bail in the present case and only for the reason that she had not appeared before the Committal Court, coercive steps were taken against her and she is now in judicial custody for the last more than five months. For the mistake committed by the petitioner, - 5 - HC-KAR NC: 2025:KHC:21939 CRL.P No. 6822 of 2025 she has been substantially punished and she has undertaken to cooperate before the trial Court for speedy disposal of the case. 7. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for a grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.25/2025 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Benglauru arising out of Cr.No.65/2022 registered by Whitefield Police Station, Bengaluru, for the offences punishable under Section 370 of IPC and Sections 3, 4, 5 and 7 of ITP Act and Section 14 of the Foreigners Act, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:21939 CRL.P No. 6822 of 2025 a) The petitioner shall execute 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; 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE rv List No.: 1 Sl No.: 36