- 1 - HC-KAR NC: 2025:KHC:44170 CRL.P No. 13769 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13769 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. TABRAEZ PASHA S/O SIKANDAR PASHA AGED ABOUT 31 YEARS RESIDING AT NEAR GOVT. SCHOOL RAJEEV GANDHI COLONY DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT – 561 203. …PETITIONER (BY SRI. RAJESH A, ADVOCATE) AND: 1. STATE BY BANGALORE DISTRICT WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. JARINA BHEGHAM W/O KIZAR ALIKHAN AGED ABOUT 35 YEARS RESIDING AT ISLAM PURA VILLAGE 30TH WARD, DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R1 R2 IS SERVED BUT UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44170 CRL.P No. 13769 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER/ACCUSED ON REGULAR BAIL IN SPL.C No.638/2025 CONNECTED WITH CRIME No.30/2025 OF THE BANGALORE DISTRICT WOMEN P.S FOR AN OFFENCE PUNISHABLE UNDER SECTION 137(2) OF BNS, 2023 AND SEC. 4(1), 5(L), 6 OF POCSO ACT 2012 THE ADDL.DIST. AND SESSIONS JUDGE, FTSC-1, BENGALURU RURAL DISTRICT. 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 sole accused under Section 483 of BNSS praying to grant bail in Special Case No.638/2025 arising out of Crime No.30/2025 of Bengaluru District Women Police registered offences punishable under Section 137(2) of BNS and Sections 4(1), 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 pending on the file of Additional District and Sessions Judge, FTSC-1, Bengaluru Rural District, Bangalore. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. - 3 - HC-KAR NC: 2025:KHC:44170 CRL.P No. 13769 of 2025 3. The learned counsel for the petitioner would contend that the statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has not made any allegation of sexual assault on her by this petitioner. The victim was missing from 13.02.2025. But the missing complaint has been filed on 21.02.2025. The victim is of the age of 17 years as on the date of alleged incident and she is of age of understanding consequences of her acts. The charge sheet has been filed and therefore, petitioner is not required for custodial interrogation. With this, he prays to allow the petition and grant bail to the petitioner –accused. 4. Per contra, learned Additional SPP for the respondent –State would contend that the victim girl in her statement before the police has stated the acts of this petitioner having physical contact with her. The petitioner is a married man, having wife and two children. With this, she prays to reject the petition. - 4 - HC-KAR NC: 2025:KHC:44170 CRL.P No. 13769 of 2025 5. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. The accusation against this petitioner as per charge sheet is that on 13.02.2025 he came to the house of C.W.2 -victim girl and was talking with her in her house. At that time C.W.3 and C.W.4 have scolded the petitioner and C.W.2. Therefore, the petitioner took C.W.2 and kept her in a shed for 04 months and had sexual intercourse with her. The statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has not made any allegation of sexual assault on her by the petitioner. The victim is of the age of 17 years and she is of the age of understanding consequences of her acts. As charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering all above aspects, the petitioner is entitled for grant of bail with conditions. 7. In the result, the following - 5 - HC-KAR NC: 2025:KHC:44170 CRL.P No. 13769 of 2025 ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special Case No.638/2025 arising out of Crime No. 30/2025 of Bengaluru District Women Police registered offences punishable under Section 137(2) of BNS and Sections 4(1), 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 pending on the file of Additional District and Sessions Judge, FTSC-1, Bengaluru Rural District, Bangalore subject to following conditions; a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the jurisdictional Court. b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:44170 CRL.P No. 13769 of 2025 c) The petitioner -accused shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 33 Ct.sm