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2025 DAILYLAW 56586 (KAR)

IMRAN PASHA v. STATE OF KARNATAKA

CRL.P/11718/2025 · 2025-09-26

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39061 CRL.P No. 11718 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11718 OF 2025 BETWEEN: IMRAN PASHA, S/O FAYAZ PASHA, AGED ABOUT 30 YEARS, R/AT NO. 176, 7TH CROSS, NGR LAYOUT, VIRATNAGAR, BOMMANAHALLI, BENGALURU - 560 068. …PETITIONER (BY SRI. RANGANATH REDDY R, ADVOCATE) AND: STATE OF KARNATAKA THE STATION HOUSE OFFICER, BOMMANAHALLI P.S., BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, (HIGH COURT OF KARNATAKA) PIN CODE - 560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER THE PETITIONER TO BE ENLARGED ON BAIL IN CRIME NO.215/2025 REGISTERED BY BOMMANAHALLI P.S PENDING OF THE LEARNED CHIEF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39061 CRL.P No. 11718 of 2025 JUDICIAL MAGISTRATE COURT, BENGALURU FOR OFFENCES P/U/S 69, 351(3), 299 OF BNSS-2023 ON SUCH TERMS AND CONDITIONS AS THIS HON'BLE COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner, sole accused in Crime No.215/2025 of Bommanahalli Police Station, Bengaluru City, arrested and in custody since 12.07.2025, has preferred this petition to enlarge him on bail. 2. Heard both sides and perused the material on record. 3. FIR is registered on the basis of a complaint lodged by the victim, for the offence punishable under section 69, 351(3) and 299, of BNS, 2023. 4. On completion of the investigation, charge- sheet has been filed against the petitioner for the offence punishable under Sections 69, 78, 299, 351(3) and - 3 - HC-KAR NC: 2025:KHC:39061 CRL.P No. 11718 of 2025 Section 5 of the Karnataka Protection of Right to Freedom of Religion Act, 2022. 5. It is alleged, the petitioner, owner of the Galaxy fitness Gym, befriended the complainant and promised that he would take care of her and marry her. Later in the month of June-July in the year 2024 he took the complainant to a lodge located at Koramangala and had sexual intercourse with the complainant even after she refused. Further, it is alleged that petitioner had taken photos in his mobile phone without her consent and upon further enquiry, complainant came to know that the petitioner is a father of a child and he is a divorcee. Further, petitioner was forcing the complainant not to follow Hindu religion and customs etc and when the complainant decided to marry, the petitioner was threatening the complainant that he would upload the photos on social media platforms, threatened the parents and family members of the complainant that he would not - 4 - HC-KAR NC: 2025:KHC:39061 CRL.P No. 11718 of 2025 allow the complainant to get marry. These are the brief facts. 6. The material on record reveals that the petitioner and the defacto-complainant are acquainted with each other since 2018. It is alleged that by deceiving her saying that the petitioner is in love with her and with a promise of marriage, he developed physical relationship with her, despite being already married and cheated her etc. Further allegations are that the petitioner was spreading false information against the victim through Instagram, linkedin and forcing her not to follow her religion etc. 7. Firstly, it is to be seen that, both are known to each other since 2018. The allegations of committing sexual intercourse with the victim, as per the complaint was in the month of June-July, 2024. It is pointed out by the learned counsel for the petitioner from the statement of victim recorded under Section 183 of BNSS that the victim knew about the petitioner's marriage, wherein she - 5 - HC-KAR NC: 2025:KHC:39061 CRL.P No. 11718 of 2025 has categorically stated that she along with her family members had attended his marriage. Insofar as the allegations that the petitioner has posted the photos and videos in Instagram and linkedin etc, there is no material placed, except the bald allegations. Admittedly, the victim is a major aged about 23 years. 8. The prosecution has to establish its case against the petitioner in a full pledged trial. The investigation has been completed and charge-sheet is filed. The apprehension of the prosecution can be safeguarded by imposing necessary conditions. Accordingly, the following:- ORDER (i) Petition is allowed. (ii) Petitioner/accused in Crime No.215/2025 of Bommanahalli Police Station, pending on the file of the learned Chief Judicial Magistrate Court, Bengaluru, shall be enlarged on bail, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:39061 CRL.P No. 11718 of 2025 1. He shall execute a personal 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 leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE KBM., List No.: 1 Sl No.: 9