- 1 - HC-KAR NC: 2025:KHC:42534 CRL.P No. 13917 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13917 OF 2025 [439(Cr.PC) / 483(BNSS)] BETWEEN: SHARATH ALIAS MOHAMMAD FAYAZ S/O BADRUDDIN, AGED ABOUT 31 YEARS, R/AT 9/25, SHAMAS MANZIL, SANTHOSH NAGARA, KARAMBALLY, RAJACHARYA MARG, KUNJIBETTU POST, UDUPI - 576 102. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY WOMEN POLICE STATION, UDUPI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.37/2025 OF UDUPI WOMEN POLICE STATION, REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 143 READ WITH SECTION 3(5) OF BNS AND Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42534 CRL.P No. 13917 of 2025 SECTIONS 3, 4, 5 AND 6 OF IMMORAL TRAFFIC (PREVENTION) ACT (CRL.MISC.NO.341/2025, PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI) PENDING ON THE FILE OF THE II ADDTIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.37/2025 of Udupi Women Police Station registered for offences punishable under Section 143 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act. 2. Heard the Learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2025:KHC:42534 CRL.P No. 13917 of 2025 3. Learned counsel for petitioner would contend that, only on the statement of the victim lady, a case has been registered against the petitioner. The petitioner is innocent and he has not committed any offence as alleged. The petitioner has been arrested on 25.08.2025 and he is in judicial custody. Therefore, the petitioner is not required for further custodial interrogation. With these, she prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that, the victim lady has disclosed the name of this petitioner as he made her to involve in the prostitution. The petitioner is having criminal antecedents and he is involved in three other cases. The offence alleged under Section 6 of Immoral Traffic (Prevention) Act is punishable with imprisonment for seven years, which may extend to imprisonment for life. The investigation is in progress. With these, he prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:42534 CRL.P No. 13917 of 2025 5. Having heard the learned counsels appearing for the parties, the Court has perused FIR, complaint and others materials placed on record. 6. A case came to be registered on suo-moto complaint of the Police Inspector of Udupi Town Police Station against the petitioner and another. The said case came to be registered only on the statement of a victim lady who is found in a lodge in Room No.308. The Petitioner has been arrested on 25.08.2025 and he is in judicial custody. The petitioner has already been interrogated by the Investigating Officer. Two months have already been lapsed from the date of his arrest. Therefore, the petitioner is not required for further custodial interrogation. It appears that, the major portion of the investigation is over. 7. Considering all the above aspects, the petitioner is entitled for grant of bail with conditions. In the result, I pass the following; - 5 - HC-KAR NC: 2025:KHC:42534 CRL.P No. 13917 of 2025 ORDER This Criminal Petition is allowed. The petitioner/accused No.1 is granted bail in Crime No.37/2025 of Udupi Women Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall cooperate with the Police in further investigation, if any. iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iv) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:42534 CRL.P No. 13917 of 2025 v) If the petitioner found involved in commission of any similar offence, the prosecution is at liberty to seek cancellation of his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 10 CT: BHK