- 1 - HC-KAR NC: 2025:KHC:31397 CRL.P No. 10085 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10085 OF 2025 BETWEEN: HAYDHAR ALI MD @ HYDER AGED ABOUT 19 YEARS, S/O. AKHADDAS ALI, R/AT NO: SRINIVASA BUILDING, BESIDE MAHESWARAMMA TEMPLE, DHOOPANAHALLI, 100 FEET ROAD, INDIRA NAGAR, BENGALURU CITY, KARNATAKA. …PETITIONER (BY SRI. G. RAKESH RAJ, ADVOCATE) AND: 1. STATE BY THROUGH JEEVAN BHIMA NAGAR PS REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT HIGH COURT OF KARNATAKA COMPLEX, BENGALURU-560 001. 2. ATTAR ALI S/O LATE MAKBUL ALI, AGED ABOUT 37 YEARS, R/AT VENUGOPAL RENT HOUSE, 6TH CROSS, LEELA PALACE ROAD, KODIHALLI, BENGALURU CITY-560 075. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31397 CRL.P No. 10085 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE ABOVE PETITIONER NO.1/ACCUSED NO.1 ON BAIL IN SPL.C.C.NO.764/2025 OF CRIME NO.15/2025 REGISTERED PUNISHABLE UNDER SECTION 137(2), 64 OF BNS ACT R/W SEC. 5 AND 6 OF POCSO ACT AND COLUMN 66(E) OF IT ACT REGISTERED BY RESPONDENT JEEVANA BHEEMANAGARA POLICE, PENDING BEFORE IN THE COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE (FTSC-3), BENGALURU CITY. 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, praying to enlarge the petitioner on bail in Crime No.15/2025 of Jeevan Bheemanagar Police Station, Bengaluru City, registered for the offence punishable under Section 66(E) of the Information Technology Act, 2000 and Section 5 and 6 of POCSO Act, 2012 and Section 137(2) and 64 of BNS, 2023. 2. Charge sheet is filed against the petitioner for the offence punishable under Section 66(E) of the Information Technology Act, 2000 and Section 5 and 6 of - 3 - HC-KAR NC: 2025:KHC:31397 CRL.P No. 10085 of 2025 POCSO Act, 2012 and Section 137(2), 64 and 351(3) of BNS, 2023. 3. It is alleged that the petitioner befriended the victim, a minor girl aged about 16 years and he used to take her on his motorcycle. On 14.01.2025 about 10.00 a.m., he kidnapped her and took her to one Malai Nest Guest House, with a promise of marriage and committed forcible sexual intercourse with her and also recorded the act in his mobile phone, took pictures and thereafter, threatened her saying that he will upload the videos and photos on social media, if she disclosed the incident to others. 4. Learned counsel for petitioner contended that the petitioner is innocent of the alleged offence and no such video or the photos are retrieved from his mobile phone, on the other hand, certain photographs are collected from the victim’s uncle. He therefore contended that the said material which was not recovered at the instance of the petitioner, cannot be relied upon. He - 4 - HC-KAR NC: 2025:KHC:31397 CRL.P No. 10085 of 2025 submitted that the petitioner is arrested and interrogated and he is in judicial custody since 25.01.2025. Investigation is completed and charge sheet is also filed. Hence, sought to allow the petition and enlarge the petitioner on bail. 5. Learned High Court Government Pleader has contended that the date of birth of the victim is 14.02.2009, as per school records and therefore, she was a minor aged about 16 years at the time of commission of offence. She has given her statement under Section 164 Cr.P.C., before the learned Magistrate. Further, the medical report also confirms that she has been subjected to sexual intercourse. He has therefore contended that there is a prima facie case against the petitioner and sought to reject the petition. 6. I have perused the statement of the victim recorded under Section 164 Cr.P.C. Perusal of the same indicate commission of the offence by the accused. As per school records, the date of birth of the victim is - 5 - HC-KAR NC: 2025:KHC:31397 CRL.P No. 10085 of 2025 14.02.2009 and therefore, at this stage, there is material to show that she was a minor at the time of commission of offence. Victims evidence is yet to be recorded and therefore, if the petitioner is released on bail, there are chances of tampering or threatening the victim not to give evidence. Hence, reserving liberty to the petitioner to file a fresh petition before the Sessions Court after the victim’s evidence is recorded, petition is dismissed. Learned trial Court is directed to expedite recording of the victim’s evidence. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 73