- 1 - HC-KAR NC: 2025:KHC:33219 CRL.P No. 11848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11848 OF 2025 BETWEEN: SRI. MOHAMMED MAROOF SHARIEFF S/O RIYAZ AHMED SHARIEFF, AGED ABOUT 28 YEARS, RESIDING AT NO.201/D, 2ND CROSS, NANJAPPA COLONY, ARABIC COLLEGE POST, BANGALORE-560 045. OLD ADDRESS NO. NO.19/1, BASAMMA COMPOUND, BEHIND UMAR BIN KHALAB, NAGAWARA, BANGALORE NORTH, ARABIC COLLEGE, BANGALORE-560 045. …PETITIONER (BY SRI. GOVARDHAN REDDY J.S., ADVOCATE AND SRI. MOHAMMED ZAYED KHAN, ADVOCATE FOR SRI. CHANDPASHA, ADVOCATE) AND: THE STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33219 CRL.P No. 11848 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO RELEASE PETITIONER ON BAIL IN CRIME NO.221/2025 REGISTERED BY GOVINDAPURA POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER 74, 75(1), 78(1) OF BNS, PENDING ON THE XI ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. It is alleged that on 11.7.2025 at about 7.45 p.m., when first informant’s daughter had gone to the shop for purchasing household articles and while she was standing near Aksaya Apartment, behind Chaitanya School, to park her vehicle, a person came from behind and held her tightly and forcibly kissed and bit her lips and behaved in an indecent manner with her. - 3 - HC-KAR NC: 2025:KHC:33219 CRL.P No. 11848 of 2025 3. Based on the above complaint, FIR came to be registered in Cr.No.221/2025 of Govindapura Police Station, Bengaluru City, against an unknown person for the offence punishable under Section 74, 75(1) and 78(1) of BNS, 2023. Petitioner was arrested on 17.7.2025. He is in custody since then. 4. It is contended by the learned counsel for petitioner that FIR is registered against unknown person. Petitioner is a stranger and that being so, without identification and even without issuing notice under Section 35(3) of BNSS, 2023, he has been arrested. He further contended that no description of the accused was given in the complaint and no other particulars such as physical features or identifiable marks are mentioned. Even according to the victim, the accused came from behind and committed the offence and therefore, there are reasonable grounds to believe that the petitioner is innocent. He submits that the petitioner has no criminal antecedents, he has been interrogated and not required - 4 - HC-KAR NC: 2025:KHC:33219 CRL.P No. 11848 of 2025 for further interrogation and he is ready to abide by any conditions and seeks to allow the petition. 5. Learned High Court Government Pleader contended that, on the basis of CCTV footages, petitioner was identified by the victim and her mother. Their statements are recorded under Section 183(5) of BNSS, 2023 and therefore, there is a prima facie case against the petitioner. He contended that in view of the nature of offence committed, petitioner is not entitled for grant of bail and if he is released, he may threaten the victim and the complainant. 6. Incident took place at about 7.45 p.m. FIR is filed against unknown person. According to the victim, accused came from behind and committed the offence. The prosecution has to establish its case against the petitioner in trial. Petitioner has no criminal antecedents. The offence alleged are not punishable with death or imprisonment for life. Petitioner is arrested and in custody. He has been interrogated and not required for - 5 - HC-KAR NC: 2025:KHC:33219 CRL.P No. 11848 of 2025 further interrogation. Apprehension of the prosecution can be safeguarded by imposing suitable conditions. ORDER I. Petition is allowed. II. Petitioner/accused in Crime No.221/2025 of Govindapura Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish his residential address and shall inform the I.O./Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall mark his attendance before the jurisdictional police station on every - 6 - HC-KAR NC: 2025:KHC:33219 CRL.P No. 11848 of 2025 Sunday between 10.00 am and 1.00 pm, till filing of a final report. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. \ Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 46