Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20694 CRL.P No. 7252 of 2025 C/W CRL.P No. 7403 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7252 OF 2025 C/W CRIMINAL PETITION NO. 7403 OF 2025
IN CRL.P No. 7252/2025:
BETWEEN:
SRI VIJENDRA K.S S/O SOMAIAH AGED ABOUT 43 YEARS R/AT NO.08, BHIRAVESHWARA LAYOUT, APPOLLO PHARMACY 2nd FLOOR, MANGANAHALLI CROSS, BENGALURU - 560 060. …PETITIONER (BY SRI DEENA BANDU RAI N, ADV.) AND:
1.
STATE OF KARNATAKA BY CCB POLICE STATION, BENGALURU, REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.
2.
KUMAR NAIK M MAJOR ACP WOMEN PROTECTION OFFICER, CCB BENGALURU - 560 001.
…RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP)
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:20694 CRL.P No. 7252 of 2025 C/W CRL.P No. 7403 of 2025
THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ARRAYED AS ACCUSED NO.2 ON REGULAR BAIL IN CR.NO.17/2025 PENDING ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE FTSC-II, BENGALURU FOR THE OFFENCE P/U/S. 143, 143(1)(f), 143(2), 143(3) OF BNS, 2023, U/S. 3, 4 AND 5 OF ITP ACT, 1956 OF CCB (RESPONDENT NO.2) POLICE.
IN CRL.P NO. 7403/2025:
BETWEEN:
MR. WASEEM PASHA S/O KALEEMULLA AGED ABOUT 36 YEARS RESIDENT OF NO.59 1ST MAIN ROAD, MALATAHALLI BENGALURU - 560 056. ...PETITIONER (BY SRI SHILPA S GOGI, ADV.)
AND:
THE STATE OF KARNATAKA THROUGH CCB POLICE STATION (REP BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU) - 560 001. ...RESPONDENT
(BY SMT. ASMA KOUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.17/2025 BY THE CCB POLICE FOR THE ALLEGED OFFENCES P/U/S 143, 143(1)(f), 143(2) OF BNS 2023 AND SEC. 3, 4, 5 OF IMMORAL TRAFFIC PREVENTION ACT, 1956 NOW PENDING BEFORE THE HONBLE ADDL. CITY CIVIL AND SESSIONS
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HC-KAR NC: 2025:KHC:20694 CRL.P No. 7252 of 2025 C/W CRL.P No. 7403 of 2025
JUDGE, FTSC-II, BENGLAURU AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.2 and 4 in Crime No.17/2025 registered by CCB Bengaluru City Police, Bengaluru, for the offences punishable under Sections 143, 143(1)(f), 143(2), 143(3), 144, 64 and 96 of BNS, 2023, Sections 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956 and Sections 4 and 17 of POCSO Act, 2012, are before this Court in these two petitions filed under Section 483 of BNSS, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.17/2025 was registered by CCB Bengaluru City Police, Bengaluru, for the aforesaid offences against Prasad and two others based on the first information dated 24.02.2025 which was submitted on 15.03.2025 by Kumar Nayak, Police Officer attached to Women Protection Wing, CCB, Bengaluru. After registration of FIR in Crime
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HC-KAR NC: 2025:KHC:20694 CRL.P No. 7252 of 2025 C/W CRL.P No. 7403 of 2025
No.17/2025, a raid was allegedly conducted to the premises where two victims were rescued and eight persons were arrested. In the remand application, petitioners herein are arraigned as accused Nos.2 and 4. All the accused persons, who were arrested in the present case were remanded to judicial custody. Bail application filed by the petitioners before the jurisdictional Sessions Court were rejected. Therefore, they are before this Court.
4.
Learned counsel for the petitioners submits that petitioners do not have any criminal antecedents. Accused Nos.7 and 9 have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.7111/2025 and Crl.P.No.7023/2025. Accused Nos.3 and 5 as against whom similar allegations are found have been enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.3310/2025 and Crl.Misc.No.3303/2025. Accordingly, they pray to allow the petitions. 5. Per contra, learned Addl. SPP, who has opposed the petitions submits that victims were rescued from the premises which was owned by the petitioners and therefore, the ground
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HC-KAR NC: 2025:KHC:20694 CRL.P No. 7252 of 2025 C/W CRL.P No. 7403 of 2025
of parity is not available to the petitioners. She submits that investigation in the case is under progress and accordingly, she prays to dismiss the petitions. 6. FIR in the present case has been registered based on the first information that was received on 15.03.2025 submitted by Kumar Nayak, ASI attached to Women Protection Wing, CCB, Bengaluru. A perusal of the typed first information would go to show that the same is dated 24.02.2025 however, FIR was registered in the present case only on
15.03.2025. Subsequently, raid was allegedly conducted on 28.03.2025 to a residential premises at Ullal in Bengaluru and from the said premises, two ladies who are the alleged victims were rescued and totally eight persons were arrested. Thereafter in the remand application petitioners herein are arraigned as accused Nos.2 and 4. Perusal of the averments found in the first information as well as in the remand application would go to show that allegation against all the accused are almost similar. Undisputedly, petitioners herein do not have any criminal antecedents. Accused Nos.3 and 5 as against whom almost similar allegations are found in the FIR as well as in the remand
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HC-KAR NC: 2025:KHC:20694 CRL.P No. 7252 of 2025 C/W CRL.P No. 7403 of 2025
application have been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.3310/2025 and Crl.Misc.No.3303/2025 disposed of on 07.05.2025. Accused Nos.7 and 9 have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.7111/2025 and Crl.P.No.7023/2025 disposed on 22.05.2025 and 20.05.2025 respectively.
Major portion of the investigation in the case is already completed and considering the nature of allegations found against the petitioners, who have no other criminal antecedents, I am of the opinion that their detention is no more required. Accordingly, the following order:-
7. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.17/2025 registered by CCB Bengaluru City Police, Bengaluru, for the offences punishable under Sections 143, 143(1)(f), 143(2), 143(3), 144, 64 and 96 of BNS, 2023, Sections 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956 and Sections 4 and 17 of POCSO Act, 2012, subject to the following conditions:
a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the
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HC-KAR NC: 2025:KHC:20694 CRL.P No. 7252 of 2025 C/W CRL.P No. 7403 of 2025
likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN