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2025 DAILYLAW 27100 (KAR)

SYED SALMAN v. THE STATE OF KARNATAKA

CRL.P/7417/2025 · 2025-07-09

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24945 CRL.P No. 7417 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 7417 OF 2025 BETWEEN: SYED SALMAN, S/O SYED MUSHTAQ, AGED ABOUT 22 YEARS, R/AT No.4, 17TH CROSS, CHINNAYANA PALYA, BANGALORE-560030 …PETITIONER (BY SRI ALI MOHAMMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ADUGODI POLICE STATION, REP. BY SPP, REP. BY HIGH COURT GOVERNMENT PUBLIC PROSECUTOR 2. XXXXX …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1; V/O DATED 30.06.2025 NOTICE TO R2 IS HELD SUFFICIENT) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST CONNECTION WITH CR.No.101/2025 REGISTERED BY Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24945 CRL.P No. 7417 of 2025 THE RESPONDENT POLICE (ADUGODI P.S) FOR THE OFFENCE P/U/S 133, 115(2), 118(1), 126(2), 308(3), 190 OF BNS AND 66(E) OF I.T. ACT AND U/S 12 OF POCSO ACT, ON THE FILE OF FAST TRACK COURT-1, CITY COURT COMPLEX, 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 No.2 in Crime No.101/2025 registered by Adugodi Police Station, Bengaluru, for the offences punishable under Sections 133, 115(2), 118(1), 126(2), 308(3), 190 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), under Section 66(E) of the Information Technology Act, 2000 (for short 'IT Act') and under Section 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), is before this Court in this successive bail application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS 2023') seeking anticipatory bail. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is - 3 - HC-KAR NC: 2025:KHC:24945 CRL.P No. 7417 of 2025 served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.101/2025 was registered by Adugodi Police Station, Bengaluru for the aforesaid offences against Tanisha and others based on the first information dated 25.04.2025 received from respondent No.2 who is the mother of the victim boy aged about 16 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3773/2025 which was dismissed by the jurisdictional Sessions Court on 19.05.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 05.04.2025, FIR has been registered belatedly on 25.04.2025, which is after a period of 20 days from the alleged date of incident. In the first information it is alleged that on 05.04.2025, accused persons who were known to the victim boy allegedly had taken him to a - 4 - HC-KAR NC: 2025:KHC:24945 CRL.P No. 7417 of 2025 vehicle parking place behind Vijayasagar Hotel at Wilson Garden, Bengaluru and had forced him to remove his clothes and thereafter his nude video was recorded. Accused persons further threatened that they will circulate his nude video and demanded a sum of Rs.10,000/-. It is in this background in respect of the alleged incident that had taken place on 05.04.2025 belatedly FIR was registered on 25.04.2025. 5. Undisputedly, petitioner aged about 22 years has no criminal antecedents. He has undertaken to co-operate with the police for the purpose of investigation. Maximum punishment for the alleged offences is imprisonment for a period of three years. Therefore, I am of the opinion that prayer for grant of anticipatory bail needs to be answered affirmatively. 6. Accordingly, the following; (i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:24945 CRL.P No. 7417 of 2025 (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.101/2025 registered by Adugodi police station for the offences punishable under Sections 133, 115(2), 118(1), 126(2), 308(3), 190 of BNS, under Section 66(E) of IT Act and under Section 12 of POCSO Act, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police - 6 - HC-KAR NC: 2025:KHC:24945 CRL.P No. 7417 of 2025 for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 51