- 1 - HC-KAR NC: 2025:KHC:30357 CRL.P No. 10056 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10056 OF 2025 BETWEEN: SADIQ PASHA AGED ABOUT 22 YEARS, S/O. SHAMIR PASHA, R/AT: C/O. MAHABOOB PASHA, 7TH CROSS, JAMIYA MASJID ROAD, HEBBAL, CHINTAMANI TALUK, CHIKKABALLAPUR-563 125. …PETITIONER (BY SRI. SHAHAMEER AHAMAD, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TILAK NAGAR POLICE STATION, BENGALURU CITY, REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. MUSKAN S/O. SYED IRFAN, AGED ABOUT 37 YEARS, R/AT NO.27/3, 27TH MAIN, JAYANAGAR 9TH BLOCK, PUTTAIANAPALYA, BENGALURU-560 069. …RESPONDENTS (BY SRI. RANGASWAMY, R. HCGP FOR R1; R2 SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30357 CRL.P No. 10056 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.48/2025 (IN SPL.C.C.NO.992/2025) PENDING ON THE FILES OF FAST TRACK SPECIAL COURT-I, BENGALURU, FOR THE OFFENCE PUNISHABLE U/S.137(2) OF BNS AND U/S.8 AND 12 OF POCSO ACT REGISTERED BY THE 1ST RESPONDENT, TILAKNAGAR POLICE STATION. 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 is preferred under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.48/2025 of Thilaknagar Police Station, registered for the offence punishable under Section 137(2) of BNS, 2023. 2. Charge sheet is filed against the petitioner for the offence punishable under Section 8 and 12 of POCSO Act, 2012 and Section 137(2) of BNS, 2023. 3. Pursuant to the notice issued, respondent No.2/defacto complainant is present before the Court. She submits that she has instructed the learned High - 3 - HC-KAR NC: 2025:KHC:30357 CRL.P No. 10056 of 2025 Court Government Pleader to make submission on her behalf. 4. Heard the learned counsel for petitioner, learned High Court Government Pleader and perused the material on record. 5. The aforementioned crime was registered on a missing complaint lodged by respondent No.2 on 10.03.2025 at about 11.00 a.m. 6. It is averred in the complaint that on 09.03.2025 at about 11.00 a.m., when the complainant returned to her house from work, she noticed that her elder daughter (victim) was not in the house. After searching for her in the neighboring houses and enquiring with her friends and relatives, she filed a missing complaint. 7. On securing the victim, her statement was recorded on 13.03.2025. She was subjected to medical - 4 - HC-KAR NC: 2025:KHC:30357 CRL.P No. 10056 of 2025 examination. Her statement was also recorded under Section 164 of Cr.P.C., by the learned Magistrate. 8. It is the case of prosecution that on 09.03.2025 at about 10.45 a.m., petitioner/accused came near the house of the victim and stating that he is in love with her, forcibly took her in an autorickshaw to Hebbal and from there took her in a bus to Kolar and detained her in the house of his grandmother, kissed her and behaved with her in an indecent manner etc. 9. Learned counsel for petitioner drawing the attention of the Court to the history furnished by the victim to the Doctor at the time of her examination, contended that the victim and the petitioner are known to each other and as per the said history furnished by the victim, she eloped with the petitioner and stayed in his house at Hebbal along with his parents. 10. Learned High Court Government Pleader has contended that the victim’s date of birth is 20.07.2010 as - 5 - HC-KAR NC: 2025:KHC:30357 CRL.P No. 10056 of 2025 per school records and therefore, she is aged only 14 years. He contended that the offence committed is heinous in nature and if the petitioner is enlarged on bail, he may threaten the victim and thereby hamper the case of prosecution. 11. I have perused the statement of victim recorded under Section 164 Cr.P.C. She has stated that the petitioner herein came to her house and saying that he wants to talk to her, took her to his house, wherein he kissed her. In the history furnished before the Doctor, she has stated that both of them were on regular contact on instagram and her mother got to know their relationship and warned her and told her to stop contacting the petitioner. On 08.03.2025, when her mother was not at home, she eloped with the petitioner and stayed in his house at Hebbal, along with his parents. 12. The petitioner is aged 22 years. He was arrested on 14.03.2025 and since then he is in judicial custody. He has no criminal antecedents. Investigation is - 6 - HC-KAR NC: 2025:KHC:30357 CRL.P No. 10056 of 2025 completed and charge sheet is filed. Considering the facts and circumstances and the punishment prescribed, petitioner can be released on bail by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.48/2025 of Tilaknagar Police Station, Bengaluru City, pending in Spl.C.C.No.992/2025 on the file of Fast Track Special Court, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand 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. - 7 - HC-KAR NC: 2025:KHC:30357 CRL.P No. 10056 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not contact the victim, threaten or intimidate her in any manner. 5. He shall not indulge himself in committing any offence. 6. 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.: 50