- 1 - NC: 2025:KHC:3010 CRL.P No. 146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 146 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: ESHWARI W/O ESHWAR RAO, AGED ABOUT 41 YEARS, PERMANENT RESIDENT OF NO. 1-174, PEDDA VEEDHI, VAJRAPUKOTTURU, SAINURU, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532 218 …PETITIONER (BY SRI. H. MOHAN KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA BY AVALAHALLI POLICE STATION, BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL UNDER SECTION 439 OF CR.PC IN CRIME NO.94/2015 DATED 08.05.2015 AND SPL.C.NO.408/2017 FILED BY AVALAHALLI POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3010 CRL.P No. 146 of 2025 343, 344, 366(A), 370, 370(4), 370(A), 372, 373 R/W 34 OF IPC AND SECTION 3, 4, 5, 6, 7 & 9 OF THE ITP ACT AND SECTION 3, 4, 7, 8 AND 17 OF THE POCSO ACT, ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.3 in Crime No.94/2015 of Avalahalli Police Station, Hoskote, Bengaluru has preferred this petition to enlarge her on bail. 2. The above crime was registered for offences punishable under Section 343, 344, 366(A), 370, 370(4), 370(A), 372, 373 r/w 34 of IPC, Section 3, 4, 5, 6, 7, 9 of ITP Act and Section 3, 4, 7, 8 & 17 of POCSO Act. 3. A suo moto complaint was lodged by CPI, Hoskote Circle, alleging that the accused named in the FIR have forced the minor victims to involve in immoral - 3 - NC: 2025:KHC:3010 CRL.P No. 146 of 2025 activities. Charge sheet was filed against accused Nos.1 to 5 for offences punishable under Section 3, 4, 5, 6, 7, 9 of ITP Act, Section 8, 17, 3, 4 and 7 of POCSO Act, 2012 and Section 370(4), 370(A), 372, 373, 34, 370, 343, 344 and 366(A) of IPC. 4. The incident relates to the year 2015. The case was registered on 08.05.2015. The petitioner came to be arrested on 23.10.2024 and she is in judicial custody. 5. The learned Sessions Judge while dismissing the bail petition has observed that from 14.11.2017 till 31.12.2018, NBWs were issued against accused Nos.3 to 5, however, even after the proclamation issued against the said accused which was duly published on 01.10.2019 and order was passed to record the evidence under Section 299 of Cr.P.C., once again it was ordered to issue proclamation against the said accused. 6. It is noticed by the learned Sessions Judge that except the names of accused Nos.3 to 5, their addresses were not at all mentioned by the I.O., who submitted the - 4 - NC: 2025:KHC:3010 CRL.P No. 146 of 2025 charge sheet and therefore, once again NBWs were issued to the said accused through the concerned Dy.SP., and at that stage, accused No.3 came to be secured from Gudur, Tirupati District of Andhra Pradesh. 7. The allegations against the petitioner are that she introduced the victims to accused No.2. Learned counsel for petitioner has furnished a copy of the judgment passed in Spl.C.No.139/2015 dated 23.09.2022, wherein the learned Sessions Judge has acquitted accused Nos.1 and 2. 8. Petitioner has undertaken to furnish solvent surety for her release. Hence, the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused No.3 in Spl.C.No.408/2017 pending on the file of the Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru (Crime - 5 - NC: 2025:KHC:3010 CRL.P No. 146 of 2025 No.94/2015 of Avalahalli Police Station, Bengaluru) shall be enlarged on bail, subject to following conditions: 1. She shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety for the likesum to the satisfaction of the jurisdictional Court. 2. She shall furnish proof of her residential address and shall inform the Court, if there is change in the address. 3. She shall not directly or indirectly tamper with the prosecution witnesses. 4. She shall not indulge herself in committing any offence. 5. She shall appear before the trial Court regularly on all dates of hearing. - 6 - NC: 2025:KHC:3010 CRL.P No. 146 of 2025 Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 44 Ct: ra