- 1 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11485 OF 2024 BETWEEN: MR. SUBHAJIT SANYAL, S/O RANJAN SHANYAL, AGED ABOUT 43 YEARS, R/AT NO. 26, PRIYANKA VILLA, BAGALUR MAIN ROAD, KATTIGENAHALLI, BENGALURU - 560 063. …PETITIONER (BY SRI. RANGANATH REDDY R, ADVOCATE) AND: STATE OF KARNATAKA BY YELAHANKA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.231/2024 REGISTERED BY YELAHANKA P.S., SAME IS REGISTERED AS CC.NO.27524/2024, PENDING ON THE FILE OF VII ACMM, BANGALORE CITY, FOR THE OFFENCES P/U/S Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 376(2)(e), 376(2)(L), 376(2)(n), 354(A), 323, 504 R/W 34 OF IPC. 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.1 in Crime No.231/2024 was registered by Yelahanka Police Station, Bengaluru for offences punishable under Sections 376,(2)(e), 376 (2) (L), 376(2)(n), 354(A), 323, 504, 506 r/w Section 34 of IPC is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.231/2024 was registered by Yelahanka Police Station, Bengaluru against the petitioner herein and three others for the aforesaid offences on the basis of first information dated 29.05.2024 received from Madhuchandra Mitra, mother of the victim girl who was aged about 26 years. - 3 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 4. During the course of investigation of the case, petitioner herein was arrested on 29.05.2024 and subsequently, remanded to judicial custody. Investigation of the case was completed and charge sheet was filed against four persons and the petitioner herein was arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.8561/2024 was rejected on 10.10.2024. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner is in custody from 29.05.2024, investigation of the case is complete and charge sheet has been filed. Medical examination report of the victim girl and also the Forensic Science Laboratory Report makes the case of the prosecution doubtful. The case before the Trial Court is at the stage of hearing before charge. Accordingly, prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that victim girl has made serious - 4 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 allegation against the petitioner in her statement recorded under Section 161 as well as under Section 164 of Cr.P.C. In the event petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. He submits that petitioner hails from West Bengal and it would be difficult to secure his presence. Accordingly, he prays to dismiss the petition. 7. First information in the present case is submitted by the mother of the victim girl aged about 26 years and in the first information dated 29.05.2024, it is averred that the victim girl was admitted in a rehabilitation centre known as "Light House De-addiction and Rehabilitation Centre", in the month of December 2023. Till the month of March 2024 the parents had not met their daughter. On 21.05.2024, when they visited the rehabilitation centre they found that their daughter was very silent and she had some cut marks and bruises on her body and when the first informant asked the victim girl, she revealed to her about the physical and sexual abuse she had undergone for the last five months in the Rehabilitation centre. It is - 5 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 stated that petitioner herein had multiple sexual intercourse with the victim girl after giving injections to her. Immediately thereafter the parents discharged the victim girl from the rehabilitation centre and thereafter, on 29.05.2024 they had approached the police. 8. The petitioner herein was arrested by the police on 29.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him and three others for the aforesaid offences. In the charge sheet, it is alleged that the accused persons are running a Rehabilitation centre by name The "light House De-addiction and Rehabilitation Centre" from 19.08.2022 in Bangalore and the victim girl was admitted in the said Rehabilitation centre for treatment on 17.12.2023. It is alleged that from 17.12.2023 to 21.05.2024, accused No.1 had forcible sexual intercourse with the victim girl in the said Rehabilitation centre on multiple occasions. - 6 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 9. The police during the course of investigation have recorded the statement of the victim girl under Section 161 of Cr.P.C and her statement was also recorded under Section 164 of Cr.P.C before the Jurisdictional Magistrate. In the said statement, the victim girl has stated that she was being abused and assaulted in the Rehabilitation centre by the petitioner and as a result she had suffered cut injures and bruises all over her body. She has also stated that she was given injections by the petitioner and thereafter her hands were tied and petitioner used to have forcible sexual intercourse with her in a room inside the Rehabilitation centre. The victim girl was taken to the hospital for medical examination immediately after registration of FIR on 29.05.2024. Her medical examination had commenced in the hospital on 30.05.2024. Medical examination report of the victim girl would show that the doctor had not noticed any kind of injuries on her body and it is stated that the hymen of the victim girl was found to be intact. The blood sample of the victim girl was also forwarded to the Forensic Science - 7 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 Laboratory and the report of the laboratory dated 30.05.2024, would reveal that residues of Ethyl alcohol, Narcotic drugs, Barbiturates and Benzodiazepine group of drugs were not detected in the sample of blood which was forwarded for examination. 10. Petitioner has no other criminal antecedents, he is custody from 29.05.2024. Investigation of the case is completed and charge sheet has been filed. The prosecution has in all, cited 32 charge sheet witnesses in the present case and case is still pending before the Committal Court. Therefore, the chances of the Trial being completed and the case being disposed of on merits in the near soon is very remote. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.231/2024 registered by Yelahanka Police - 8 - NC: 2025:KHC:8981 CRL.P No. 11485 of 2024 Station, Bengaluru for the offences punishable under Sections 376(2)(e), 376(2)(L), 376(2)(n), 354(A), 323, 504, 506 r/w Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties out of which, one shall be a local surety 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; Sd/- (S VISHWAJITH SHETTY) JUDGE VS List No.: 1 Sl No.: 38 CT: BHK