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2025 DAILYLAW 75094 (KAR)

HASEENA v. STATE OF KARNATAKA

CRL.P/8250/2025 · 2025-09-03

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34627 CRL.P No. 8250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8250 OF 2025 BETWEEN: HASEENA D/O ABBAS AGED ABOUT 33 YEARS, RESIDING AT NO. 18/2, NEAR GOVERNMENT ELECTRONIC FACTORY 2ND CROSS, VINAYAKA NAGARA, OLD GUDDADAHALLI BENGALURU - 560 026 …PETITIONER (BY SRI. MANU N.P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, HSR LAYOUT, BENGLAURU CITY - 560102, REP BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, VIDHANA VEEDHI ROAD, BENGALURU - 560 001. 2. MRS. SAUMYA N., POLICE INSPECTOR, MAJOR, S/O NOT KNOWN, WOMEN PROTECTION WING, CENTRAL CRIME BRANCH, SHANTHI NAGARA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34627 CRL.P No. 8250 of 2025 BENGALURU - 560 027. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1 SRI. B.E. SURYA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT REGULAR BAIL TO THE PETITIONER IN CR.NO.378/2024 NOW REGISTERED AS SPL.CC.NO.2578/2024 REGISTERED AT HSR LAYOUT P.S., BEFORE ADDL.CITY CIVIL AND SESSION JUDGE FTSC-I BENGLAURU, FOR THE OFFENCES P/U/S 3,4,5 OF IMMORAL TRAFFIC (PREVENTION) ACT, U/S 143(2),143(3) OF BNS ACT, 2023, U/S 4,6,8 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is seeking to enlarge her on bail in Spl.C.C.No.2578/2024 pending before the Court of Additional City Civil and Sessions Judge, FTSC-I, Bengaluru. 3. FIR is registered in Crime No.378/2024 of HSR Layout Police Station against accused Nos.1 and 2, on a - 3 - HC-KAR NC: 2025:KHC:34627 CRL.P No. 8250 of 2025 suo-moto complaint lodged by the police attached to Women Protection Wing, CCB, Shantinagar. 4. Charge sheet is filed against accused Nos.1 to 4 for the offence Punishable under Section 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956, Section 143(2) of the BNS, 2023 and Section 4, 6, 8, 16 and 18 of the POCSO Act, 2012. 5. Briefly stated, it is the case of prosecution that on 15.10.2024, based on credible information received, the CCB Police conducted a raid at house No. 454/A, 3rd floor, Narayanamma B.V. Yadav house, Sector-3, HSR Layout, Bengaluru City, house of accused Nos. 1 and 2 where they were allegedly running a brothel. During the raid, it was found that a minor girl of Bangladesh origin had been procured and subjected to prostitution. Accused No.3 was also present in the house along with the minor victim at the time of the raid and is alleged to have committed penetrative sexual assault on the minor victim. - 4 - HC-KAR NC: 2025:KHC:34627 CRL.P No. 8250 of 2025 6. It is further the case of prosecution that petitioner, arraigned as accused No.4 in the charge sheet and being the aunt of the minor victim, procured the said minor girl from Bangladesh for the purpose of prostitution and sent her to the house of accused Nos. 1 and 2 where they were running a brothel. 7. Name of the petitioner is not in the FIR. She was admittedly not in the house of accused Nos.1 and 2 when the raid was conducted. According to prosecution, she is the aunt of the minor victim, who procured her from Bangladesh and sent to the house, where accused Nos.1 and 2 were running a brothel. Same is the matter which has to be established during trial. Accused No.1 has been granted bail in Crl.P.No.2861/2025 vide order dated 27.03.2025 and accused No.3 has been granted bail in Crl.P.No.1694/2025 vide order dated 24.03.2025. 8. Learned High Court Government Pleader has contended that, petitioner hails from West Bengal and therefore, if she is released on bail, she may abscond. - 5 - HC-KAR NC: 2025:KHC:34627 CRL.P No. 8250 of 2025 9. The apprehension of the prosecution can be safeguarded by imposing suitable conditions. Petitioner is a women, she is in judicial custody from 19.10.2024. Hence, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused No.4 shall be released on bail in Spl.C.C.No.2578/2024 pending before the Court of Additional City Civil and Sessions Judge, FTSC-I, Bengaluru (Crime No.378/2024 of HSR layout Police Station, Bengaluru City) subject to following conditions: 1. She shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court. 2. She shall furnish proof of her residential address and shall inform the Court, if there is change in the address. - 6 - HC-KAR NC: 2025:KHC:34627 CRL.P No. 8250 of 2025 3. She shall not directly or indirectly tamper with the prosecution witnesses. 4. She shall not indulge herlself in committing any offence. 5. She shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 24 CT-SG