- 1 - HC-KAR NC: 2025:KHC:29215 CRL.P No. 9081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9081 OF 2025 BETWEEN: SHEIKH HABEEB RAHAMAN @ NOUSHAD, S/O ABDUL RAHIMAN AGED ABOUT 36 YEARS, R/AT DOOR NO. 8-14-1214/1, CPC COMPOUND, KARBALA ROAD, KUDROLI, KODIYALBAIL, MANGALURU, DK DISTRICT - 575 003. …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANGALURU NORTH POLICE STATION D.K DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. 2. LEENA OPHILLA D'SOZA W/O. RUBAN MORAS AGED ABOUT 56 YEARS RA/T NO.18-3-132, 132A, 133, VAILANKANNI MANOOR, KEB ROAD, ATTAWAR, MANGALURU D.K DISTRICT - 575 001. …RESPONDENTS (BY SRI. K. NAGESWARAPPA, HCGP FOR R1; SMT. SUSHMITHA SURESH, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29215 CRL.P No. 9081 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.59/2025 OF MANGALURU NORTH P.S, D.K, DISTRICT FOR O/P/US/ 77 OF BNS AND SECTION 12 OF POCSO ACT, PENDING ON THE FILE ADDL.DIST. AND SESSIONS JUDGE FTSC-1 (POCSO) D.K, MANGALURU. 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. This petition is preferred under Section 483 of the BNSS, 2023, praying to enlarge the petitioner on bail in Crime No.59/2025 of Mangaluru North Police Station, Dakshina Kannada District, registered for the offence punishable under Section 77 of the BNS, and Section 12 of the POCSO Act, 2012. 3. A complaint is lodged by the uncle of the victim, wherein, he has alleged that on 09.05.2025, at about 10:50 p.m., when his brother's minor daughter was taking - 3 - HC-KAR NC: 2025:KHC:29215 CRL.P No. 9081 of 2025 bath, she noticed that through the ventilator some one was recording a video using mobile phone, therefore she screamed and at that time the said person ran away from the spot. 4. The petitioner was arrested on 17.06.2025 and a mobile phone was recovered from his possession. 5. Learned High Court Government Pleader has contended that with the help of CCTV footages, petitioner has been identified as the one who ran away from the spot and the mobile phone seized from him has been sent for FSL examination and investigation is pending. 6. Section 77 of the BNS is bailable in nature, for the first offence, where the maximum imprisonment is 3 years. Section 12 of the POCSO Act is punishable with maximum imprisonment of 3 years. 7. The incident is alleged to have taken place on 09.05.2025. Petitioner was arrested on 17.06.2025, allegedly on the basis of the CCTV footage and the registration number of the vehicle. Admittedly, the identity of the petitioner is not described in the FIR. 8. The prosecution has to establish it's case against the petitioner in a full fledged trial. Petitioner is already - 4 - HC-KAR NC: 2025:KHC:29215 CRL.P No. 9081 of 2025 interrogated and not required for further interrogation. Hence, by imposing suitable conditions, petitioner can be admitted to bail. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.59/2025 of Mangaluru North Police Station, Dakshina Kannada District pending on the file of Additional District and Sessions Judge, FTSC-1 (POCSO) D.K., Mangaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 5 - HC-KAR NC: 2025:KHC:29215 CRL.P No. 9081 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 25 CT: BHK