- 1 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.13379 OF 2024 BETWEEN: MEHBOOB S/O. NAWAZ KHAN AGED ABOUT 21 YEARS SARAKARI SCHOOL MALADAKAL, DEVADURGA RAICHUR. …PETITIONER (BY SRI SHAHNAWAZ M. MAMADAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA GANGAMMA GUDI POLICE STATION BENGALURU-560 015 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001. 2. XXX XXX, …RESPONDENTS (BY SMT. RASHMI PATEL, H.C.G.P. FOR R-1-STATE; SRI VIRUPAKSHI, ADVOCATE FOR R-2) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.2879 OF 2023 IN CRIME NO.133 OF 2023 OF GANGAMMA Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 GUDI POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTIONS 4 AND 6 OF POCSO ACT, 2012 AND UNDER SECTIONS 376, 363 OF IPC PENDING BEFORE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-II, BENGALURU. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Special Case No.2879/2023 pending before the Court of Additional City Civil and Sessions Judge, FTSC II, Bengluru, arising out of Crime No.133/2023 registered by Gangamma Gudi Police Station for the offence punishable under Sections 4 and 6 of POCSO Act, 2012 and Sections 376 and 363 of IPC is before this Court in this successive bail petition under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. F.I.R. in Crime No.133/2023 was registered by Gangamma Gudi Police Station, Bangalore, initially for - 3 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 offence punishable under Section 363 of IPC against unknown persons, based on the first information dated 09.10.2023 received from Sri Manjur Pasha, who is the father of minor victim girl, who was aged about 17 years 2 months as on the date of registration of FIR. During the course of investigation the petitioner herein was arrested on 15.10.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Criminal Misc.No.10414/2023 was rejected on 20.11.2023. Therefore, he had approached this Court in Criminal Petition No.12567/2023, which was dismissed by Co-ordinate Bench of this Court by order dated 05.01.2024 with liberty to the petitioner to move Sessions Court for bail after the evidence of the victim girl is recorded. Thereafter, petitioner had filed fresh bail application before the Trial Court in Criminal - 4 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 Misc.No.2121/2024 which was rejected on 23.04.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a student, who was pursuing his II Year P.U.C. as on the date of his arrest. He has no criminal antecedents and is in custody from 15.10.2023. Trial in the present case was concluded and the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded on 05.01.2025. Further proceedings in the case has been now stayed by the Hon'ble Supreme Court in Special Leave Petition No.18353/2024 by order dated 06.01.2025. Petitioner's custody is no more required. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and learned counsel appearing for respondent No.2, who have filed statement of objection have opposed the prayer made in the petition. They submit that victim girl has supported the case of the - 5 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 prosecution and she has made allegations against the petitioner in her statement recorded under Section 164 of the Code of Criminal Procedure and also during the course of deposition. Since the investigation officer had not collected relevant documents regarding the age proof of the victim girl, application to conduct further investigation was filed after the investigation Officer PW.6 was examined before the Trial Court. The said application was allowed by the Trial Court and as against the same petitioner had filed Criminal Petition No.7104/2024 before this Court, which was allowed on 18.09.2024. The said order passed in Criminal Petition No.7104/2024 has been assailed by the first informant before the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.18353/2024 and by order dated 06.01.2025 the Hon'ble Supreme Court has stayed the further proceedings before the Trial Court in Special Leave to Appeal (Crl.) No.18353/2024. In the event petitioner is enlarged on bail, he is likely to tamper - 6 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 with the material witnesses. Accordingly, they pray to dismiss the petition. 6. First information in the present case was filed by respondent No.2, who is the father of the victim girl, who was aged 17 years two months as on the date of registration of FIR in the present case, alleging that victim girl, who was pursuing her II year P.U.C. Course, who had gone out of the house on 05.10.2023 had not returned home and efforts made to trace her had failed and therefore, on 9.10.2023 father of the victim girl had approached the police. During the course of investigation the petitioner and the victim girl were traced. Petitioner herein was arrested on 15.10.2023 and subsequently remanded to judicial custody. Investigation of the case is now completed and charge sheet has been filed against him for the aforesaid offences. 7. Petitioner had earlier approached this Court in Criminal Petition No.12567/2023 which was disposed of on - 7 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 05.01.2024 reserving liberty to the petitioner to move the Sessions Court for bail after the victim girl's evidence is recorded before the Trial Court. Thereafter the prosecution has examined six witnesses before the Trial Court and the victim has been examined as PW.1 and her examination is complete. The material on record would go to show that prosecution had already closed its side of evidence. On 05.01.2025 even statement of accused under Section 313 of Cr.P.C. has been recorded in the present case before the Trial Court. The further proceedings in the case has been thereafter stayed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.18353/2024 by order dated 06.01.2025. 8. Material on record would go to show that petitioner, who is aged about 21 years is a student and he was pursuing his II Year P.U.C. and in support of his contention learned counsel for the petitioner has produced necessary document, which is available at Annexure J to - 8 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 the petition. Undisputedly, petitioner has no other criminal antecedents. His continued detention in custody amongst hardcore criminals is likely to have adverse impact on his future career and prospects. Since all the material charge sheet witnesses have been examined, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. In the present case application seeking further investigation in the case was filed by the de facto complainant alleging that the investigation officer P.W.6 has not properly investigated the case and relevant documents with regard to the age proof of the victim girl was not collected by him. Since the further proceedings in the case has been stayed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.18353/2024, chances of the trial being completed and the case being disposed of on merits in the immediate near future is remote. 9. Under the circumstances I am of the view, that without expressing any opinion on the merits and de- - 9 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 merits of the case, prayer made by the petitioner, who has no other criminal antecedents for grant of regular bail needs to be answered affirmatively. Accordingly the following :- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.133/2023 of Gangamma Gudi Police Station, Bangalore, registered for the offences punishable under Sections 4 and 6 of the POCSO Act, 2012 and Section 376 and 363 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties 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; - 10 - HC-KAR NC: 2025:KHC:21188 CRL.P No. 13379 of 2024 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NG List No.: 1 Sl No.: 27