- 1 - NC: 2025:KHC:18307 CRL.P No. 7023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7023 OF 2025 BETWEEN: MR.KIRAN KUMAR S/O MR. BOREGOWDA, AGED ABOUT 31 YEARS, R/O NO. 25, 2ND CROSS, ANDRAHALLI MAIN ROAD, NEAR ANUPAMA SCHOOL, PEENYA II STAGE, BENGALURU PERMANENT R/OF VANAGERE VILLAGE, BAKTHARAHALLI POST, KUNIGAL TALUK TUMKUR DISTRICT (CURRENTLY IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. BHARATH KUMAR V., ADV.) AND: 1. STATE OF KARNATAKA THROUGH CCB, BENGALURU CITY POLICE STATION, BENGALURU REP. BY STATE Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18307 CRL.P No. 7023 of 2025 PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA BENGALURU 2. MR. KUMAR NAIK M, POLICE OFFICER, (ASI), WOMEN PROTECTION WING, CCB BENGALURU. STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BENGALURU …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PLEASED TO ENLARGE THE PETITIONER HEREIN ON BAIL IN MATTER BEARING FIR NO.17/2025 REGISTERED WITH THE RESPONDENT NO.1 CCB P.S AND CURRENTLY PENDING ON THE FILE OF THE HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE, FTSC-II, CITY CIVIL AND SESSIONS JUDGE, FTSC-II, CITY CIVIL COURT, BENGALURU, WHEREIN THE PETITIONER HEREIN IS ARRESTED AND ARRAIGNED AS ACCUSED NO.9 FOR THE ALLEGED O/U/S 143, 143(1)(F), 143(2), 143(3), 144, 64 AND 96 OF BNS AND SECTION 4 AND 17 OF THE POCSO ACT AND SECTION 3, 4 AND 5 OF THE IMMORAL TRAFFIC (PREVENTION) ACT AND SECTION 75 AND 79 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 3 - NC: 2025:KHC:18307 CRL.P No. 7023 of 2025 ORAL ORDER 1. This petition is filed by the accused No.9 seeking for regular bail in Crime No.17/2025, registered by CCB police station for the offences punishable under Sections 143, 143(1)(f), 143(2), 143(3), 144, 64 and 96 of BNS and Sections 4 and 17 of POCSO Act and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act and Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 2. The factual Matrix of the case: The case of the prosecution is that one Mr.Kumar Naik M, ASI of respondent police registered a case stating that the accused and others were running prostitution by bringing the women from other States at Bangalore. Based on the said information, the respondent and others conducted raid on various locations and places and found that there were some girls who have been illegally detained in the house. They have been rescued and recorded their statements. - 4 - NC: 2025:KHC:18307 CRL.P No. 7023 of 2025 3. Based on their statements, a case has been registered against the accused Nos. 1 to 3 and others. The petitioner is not named in the FIR. 4. It is the submission of learned counsel for the petitioner that the petitioner is running a Bar and Restaurant viz., ‘page-3’. He stated to have appointed a minor girl as a waiter in the said Bar and Restaurant and made her to stand and do work from 7.00 pm to 1.00 am. However, the petitioner was not aware about the actual age of the victim. The victim had been called in the different names. The victim had not disclosed her actual name and her age. 5. The petitioner is innocent of the alleged offences and he has been falsely implicated in this case. Moreover, his name did not find a place in the FIR. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. - 5 - NC: 2025:KHC:18307 CRL.P No. 7023 of 2025 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and she further submitted that the petitioner being an accused No.9 involved in appointing the minor girls in the Bar and Restaurant in order to attract the customers. The petitioner knowingly that the victim is a minor girl appointed her and asked her to work during night hours and committed an offence as stated in the FIR. Therefore, it is not a fit case to grant for bail. 7. Having heard the learned counsel for the respective parties and also perused the averments of the statement of the victim recorded under Section 164 of Cr.P.C., it would indicate that the name of the victim was shown as ‘Amila Kumari’ and thereafter, ‘Sanju’. However, her actual name is Aarathi. Though she has stated in her statement that she was aged about 16 years, she had no documents to substantiate the same. 8. As against the petitioner is concerned, he appointed the minor girl in his Bar and Restaurant in order - 6 - NC: 2025:KHC:18307 CRL.P No. 7023 of 2025 to attract the customers is concerned, it may not be proper to deny the bail. 9. Having considered the facts and circumstances of the case, I am of the considered opinion that the petitioner has made out a case to grant bail. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.17/2025 of the respondent – Police, pending on the file of Addl. City Civil and Sessions Judge, FTSC-II, City Civil Court, Bengaluru 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 Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. - 7 - NC: 2025:KHC:18307 CRL.P No. 7023 of 2025 b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 64