- 1 - HC-KAR NC: 2025:KHC:32155 CRL.P No. 10650 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10650 OF 2025 BETWEEN: THIMMAPPA @ SEENA S/O NARASIMHE GOWDA, AGED ABOUT 48 YEARS, RESIDENT OF NO.227, 2ND FLOOR, OLD RING ROAD, NEAR KANYA KUMARA SCHOOL, 2ND CROSS, MALLATHAHALLI, BENGALURU-560 056. ...PETITIONER (BY SRI. MOHAN K.N., ADVOCATE FOR SRI. MANJUNATHA H.S., ADVOCATE) AND: 1 . STATE OF KARNATAKA BY CCB POLICE STATION, BANGALORE WOMEN'S PROTECTION WING, SHANTHINAGARA, BENGALURU-560 027. REPRESENTED BY THE STATE PUBLIC PROSECUTOR. 2 . G.C. RAJA S/O CHIKKAHANUMEGOWDA, AGED ABOUT 48 YEARS, POLICE INSPECTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32155 CRL.P No. 10650 of 2025 WOMEN PROTECTION WING, CCB, SHANTHINAGARA, BENGALURU-560 027. …RESPONDENTS (BY SRI. K. NAGESWARAPPA, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ALLOW THE ABOVE PETITION AND ENLARGE THE PETITIONER ON BAIL WHO IS ACCUSED NO.2 IN SPL.C.C.NO.1122/2025 ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-II, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64, 96, 143(1)(a)(b), 143(4), 144(1), 238, 319 OF BNS ACT AND SECTIONS 4, 17 OF POCSO ACT, 2012 IN CRIME NO.27/2025 REGISTERED BY THE RESPONDENT NO.1 CCB POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023, is preferred to enlarge the petitioner on bail in Crime No.27/2025 of CCB, Bengaluru City, pending in SPl.C.C.No.1122/2025 on the file of the Court of Additional City Civil and Sessions Judge, FTSC-II, Bengaluru. 2. Heard both sides and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:32155 CRL.P No. 10650 of 2025 3. FIR is registered naming four accused for the offence punishable under Section 64, 96, 143(1)(a), 143(1)(b), 143(4), 144(1) of BNS, 2023 and Section 4 and 17 of POCSO Act, 2012, on a complaint lodged by the Police Officer attached to Women Protection Wing, CCB Bengaluru City. Petitioner is arraigned as accused No.1 in the FIR. 4. It is alleged that the petitioner herein has procured a minor girl, hailing from Uttar Pradesh for the purpose of prostitution and sent her to one Chancery Hotel in Lavelle Road, Bengaluru to a customer i.e., accused No.2 named in the FIR. Further allegations are that the said accused No.2 has committed penetrative sexual assault on the minor victim girl and thereby the accused have committed the offences alleged. 5. Petitioner was arrested on 04.06.2025. Charge sheet is filed against accused Nos.1 to 3. In the charge sheet petitioner is arraigned as accused No.2. - 4 - HC-KAR NC: 2025:KHC:32155 CRL.P No. 10650 of 2025 6. This Court in Crl.P No.7040/2025 vide order dated 10.07.2025 has enlarged accused No.1 (as per chargesheet) on bail. The learned counsel submits that the main allegations are against accused No.1 and the said accused having been enlarged on bail, by imposing any conditions petitioner may be enlarged on bail. 7. Learned High Court Government Pleader has contended that the petitioner has procured the minor girl for the purpose of prostitution and he has sent her to the lodge room, wherein she was subjected to penetrative sexual assault by accused No.1. He contended that the statement of the victim girl has been recorded under Section 164(5) of Cr.P.C. and therefore, there is a prima facie case against the petitioner. 8. As per prosecution, the victim girl was a minor at the time of incident and her date of birth is 03.04.2008 as per birth certificate. While granting bail to accused No.1, this Court has observed that the victim girl had represented to the hotel that she was aged 18 years and - 5 - HC-KAR NC: 2025:KHC:32155 CRL.P No. 10650 of 2025 she had produced the Aadhar Card in the name of Sanju. The victim’s statement is already recorded under Section 164(5) of BNSS, 2023. Investigation is completed and charge sheet is filed. No criminal antecedents against the petitioner has been brought to the notice of the Court by the State. Considering that accused No.1 has been enlarged on bail, petitioner can be admitted to bail by imposing stringent conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.2 in Spl.C.C. No.1122/2025 pending on the file of the Court of Additional City Civil and Sessions Judge, FTSC-II, Bengaluru, (Crime No.27/2025 of CCB Bengaluru City Police) shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the - 6 - HC-KAR NC: 2025:KHC:32155 CRL.P No. 10650 of 2025 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. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 34