Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:37642 CRL.P No. 9783 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9783 OF 2025
BETWEEN:
NAGEENA W/O ARUN, AGED ABOUT 36 YEARS, RESIDING AT 4/18, 2ND CROSS, 3RD CROSS, SARVODHYANAGAR, BYRASANDRA, JAYANAGARA, BANGALORE - 560 011. …PETITIONER (BY SRI. GANESH R.,ADVOCATE) AND:
1.
STATE OF KARNATAKA BEGUR POLICE, BANGALORE 560 068, REP BY SPP, HIGH COURT BUILDING, HIGH COURT, BANGALORE.-560001.
2.
PRABHAT METI FATHER OF VICTIM, R/A 1ST CROSS, DEVARACHIKKANAHALLI MAIN ROAD, SHANTIPRIYA LAYOUT, BEGUR, BANGALORE 560068. …RESPONDENTS (BY SRI. R. RANGASWAMY., HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
Digitally signed by LAKSHMI T Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:37642 CRL.P No. 9783 of 2025
CR.NO.332/2024 IN SPL.C.NO.2609/2024 ARRAYED AS ACCUSED NO.3, FOR THE OFFENCES P/U/S 143,144,98 OF BNS, U/S 3,4,5,6,9 OF I.T.P ACT, U/S 4,6,17 OF POCSO ACT, NOW PENDING DISPOSAL ON THE FILE OF THE HONBLE ADDL.
CITY CIVIL AND SESSIONS JUDGE, FTSC-I AT BANGALORE.
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 the BNSS, 2023 to enlarge the petitioner on bail in Spl.Case.No.2609/2024 pending before the learned Additional City Civil and Sessions Judge, FTSC-I at Bengaluru.
2. The above case arises out of Crime No.332/2024 of Beguru Police Station, Bengaluru City, registered for the offence Punishable under Section 143, 144, 98 of the BNS, 2023 and Section 3, 4, 5, 6, 9 of the Immoral Traffic Prevention Act, 1956, Section 4, 6 and 17 of the POCSO, Act, 2012.
- 3 -
HC-KAR NC: 2025:KHC:37642 CRL.P No. 9783 of 2025
3. FIR is registered against accused Nos.1 to 3, petitioner is arraigned as accused No.3 in the FIR.
4. It is the case of prosecution that, accused have procured the victim, a minor girl aged about 16 years for the purpose of prostitution and on receiving the credible information, a raid was conducted on 05.10.2024 at about 04:35 p.m. in the house where the victim was detained. Accused Nos.1 to 3 were arrested on the same day. Statement of the victim was recorded by the police as well as by the learned Magistrate.
5. At this stage, there are materials to show that the victim is a minor aged about 16 years. Her statement recorded under Section 183 of BNSS reveals that she has been subjected to sexual assault. There are prima-facie materials to show that the offence has been committed by the petitioner.
6.
Learned counsel for petitioner contended that petitioner is a woman and she is languishing in judicial
- 4 -
HC-KAR NC: 2025:KHC:37642 CRL.P No. 9783 of 2025
custody from 05.10.2024. He further submits that petitioner is suffering from kidney ailment and she is under treatment in judicial custody and therefore, she may be enlarged on bail imposing any conditions.
7. The offence allegedly committed by the petitioner is heinous in nature. Moreover, charges are already framed and the case is posted for trial. Victim's evidence is yet to be recorded. Hence, at this stage, if bail is granted there are chances of tampering the victim. In so far as medical grounds urged by the learned counsel, it is observed by the learned Sessions Judge that in the prison medical assistance was provided to the petitioner and the Jail authorities may be directed to provide timely medical treatment to the petitioner.
8. The learned Sessions Judge has further observed that trial is fixed, summons has been issued to the witnesses and if the petitioner is released on bail, there is every possibility of threatening the minor victim girl and other independent witnesses.
- 5 -
HC-KAR NC: 2025:KHC:37642 CRL.P No. 9783 of 2025
9. Petitioner is at liberty to move the trial Court seeking bail, once the evidence of the victim girl is recorded. With that liberty, petition is dismissed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 23