- 1 - NC: 2025:KHC:2738 CRL.P No. 7829 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 7829 OF 2024 BETWEEN: MELODY VANALZUIL D/O SRIRAM AGED ABOUT 22 YEARS, R/AT NO-9/1, 4TH CROSS, CHANDRASHEKAR LAYOUT, VIJINAPURA, R.M. NAGAR, BENGALURU - 560 016. …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMAMURTHYNAGAR POLICE STATION, BANGALORE CITY, REPRESENTED BY PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE, HIGH COURT BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. LALRAMNGAKI W/O ROSIAMNGHETA AGED ABOUT 29 YEARS, R/AT NO-33/31, BALAJINAGAR S.G. PALYA, HOSURU, BENGALURU CITY - 560 029 …RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR 1 R2 - SD - UNREPRESENTED) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.177/2024 OF RAMAMURTHY Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:2738 CRL.P No. 7829 of 2024 NAGAR P.S. BENGALURU CITY FOR THE OFFENCE P/U/S 370 OF IPC AND SEC.7, 8, 15 OF POCSO ACT AND SEC.3, 4, 5 OF I.T.P ACT AND WHICH IS PENDING ON THE FILE OF THE HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-1 BENGALURU CITY IN SPL.C.NO.912/2024. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner-accused No.3 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.177/2024 of Ramamurthy Nagar Police Station, pending in Spl.C.C.No.912/2024, on the file of the learned Additional City Civil and Sessions Judge, F.T.S.C-1, Bengaluru City, registered for the offences punishable under Sections 370 of Indian Penal Code (for short 'IPC'), under Sections 7, 8 and 15 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO'), under Sections 66C, 67 & 67B of Information Technology Act (for short 'IT Act') and Sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act, 1956 (for short 'ITP Act'), on the basis of the first information lodged by the informant - Lalramngaki. - 3 - NC: 2025:KHC:2738 CRL.P No. 7829 of 2024 2. Heard Sri. Basavaraju T. A, learned counsel for the petitioner and Sri. Venkat Sathyanarayan, learned High Court Government Pleader for the respondent No.1. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Negative’ for the following: R E A S O N S 4. The petitioner being accused No.3 is seeking grant of bail. She was apprehended on 22.03.2024 and since then, she is in judicial custody. 5. CW1, being a member of NGO, gave information regarding accused Nos. 1 and 2, running the brothel house illegally by getting the girls from northeastern states. The raid was held, and accused Nos. 1 and 2 were apprehended. CWs 4, - 4 - NC: 2025:KHC:2738 CRL.P No. 7829 of 2024 5, 6, 7 and 8 were rescued. During investigation, the petitioner was apprehended. It is alleged that, the petitioner has committed sexual assault on minor-CW2 and got it video graphed with an intention to share it in the social media. CW2 is aged 16 years, whereas the petitioner is aged 22 years. It is stated that the petitioner is the permanent resident of Mizoram, but the same is not disclosed in the petition. Since, the provisions of POCSO and IT Act are invoked against the present petitioner and the victim - CW2, is aged 16 years, I am of the opinion that the petitioner is not entitled for grant of bail at this stage atleast till examination of CW2 before the Trial Court. If the petitioner is enlarged on bail in the meantime, that may dissuade CW2 from deposing before the Court without any fear. Therefore, I am of the opinion that the petitioner is not entitled for grant of bail. 6. Accordingly, I answer the above point in the Negative and proceed to pass the following: ORDER The petition is dismissed. - 5 - NC: 2025:KHC:2738 CRL.P No. 7829 of 2024 Liberty is reserved with the petitioner to move similar petition before the Trial Court, after examination of the material witness i.e., CW2. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 0