- 1 - NC: 2025:KHC:8460 CRL.P No. 1456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1456 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: DADA PEER, S/O ZAMEER, AGED ABOUT 21 YEARS, RESIDING AT WARD NO. 24, SIDLAGHATTA TOWN DISTRICT: CHIKKABALLAPURA PIN CODE NO. 562 105. …PETITIONER (BY SRI. RAJU C.N, ADVOCATE) AND: 1. STATE BY SIDLAGHATTA TOWN POLICE, CHIKKABALLAPURA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE. PIN CODE NO. 560 001. 2. NAZEEMA, W/O SARDHAR, AGED ABOUT 45 YEARS, R/AT NO.24, ANSARIYA MOHALLA, SIDLAGHATTA TOWN. CHICKBALLAPUR DISTRICT, PIN CODE NO. 562 105. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; R2 IS SERVED) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8460 CRL.P No. 1456 of 2025 ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.95/2024 OF SIDLAGHATA TOWN POLICE CHIKKABALLAPURA ON THE FILE OF FAST TRACK SPL.COURT 1 (POCSO) HONBLE ADDL. SESSIONS JUDGE AT CHIKKABALLAPURA FOR THE OFFENCE P/U/S 54, 64(2)(m), 65(1), 87, 127(4), 137(2) R/W 3(5) OF BNS FOR THE OFFENCE P/U/S 4(2), 5(L), 6, 8, 12, 17 OF POCSO ACT BY ALLOWING THIS PETITION. 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.95/2024 of Shidlaghatta Town Police Station, Chikkaballapura, has preferred this petition praying to enlarge him on anticipatory bail. 2. Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 3. Complaint is lodged by victim’s mother alleging that on 07.07.2024 at about 10:30 p.m., accused No.1 by name Imran has kidnapped her minor daughter with the help of accused Nos.2 to 4. - 3 - NC: 2025:KHC:8460 CRL.P No. 1456 of 2025 4. Initially, case was registered against accused Nos.1 to 4 for an offence punishable under Section 137(2) of the BNS, 2023. After the victim was traced, her statement was recorded by the police as well as by the learned Magistrate. 5. It is the case of prosecution that accused Nos.1 along with accused Nos.3 to 4 kidnapped complainant’s daughter aged about 14 years in a car bearing registration No.KA-07-N-5991, belonging to accused No.4 and they dropped accused No.1 and the victim at one Sri. Rama lodge, V Kote town, Chittur District in Andrapradesh and in the said lodge, in room No.8, accused No.1 committed aggravated penetrative sexual assault on the victim. 6. I have perused the statement of the victim recorded by the learned Magistrate. She has not made any allegation against the petitioner. The main allegations are against accused No.1. He is arrested and in judicial custody. Charge sheet is filed for offences punishable under Section 54, 64(2)(m), 65(l), 87, 127(4), 137(2) - 4 - NC: 2025:KHC:8460 CRL.P No. 1456 of 2025 R/W 3(5) of the BNS, 2023 and Section 4(2), 5(l), 6, 8, 12, 17 of the POCSO Act, 2012. 7. Petitioner has no bad antecedents. He is aged about 21 years. Allegations against him have to be proved in a full fledged trial. He has undertaken to furnish adequate surety to ensure his regular presence before the Trial Court. Hence, by imposing conditions, the relief sought by the petitioner can be granted. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused No.3 in Crime No.95/2024 of Shidlaghatta Town Police Station, Chikkaballapura, shall be released in the event of his arrest subject to following conditions. a) He shall appear before the Jurisdictional Court within a period of one week from the date of receipt of a copy of this order - 5 - NC: 2025:KHC:8460 CRL.P No. 1456 of 2025 and shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum. b) He shall appear before the Investigating Officer within a period of one week thereafter and shall cooperate with the further investigation of the case, if any. c) He shall furnish proof of his residential address and inform the Court, if any change in the address. d) He shall not commit any offence. e) He shall appear before the Trial Court on every hearing date. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 51