Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29938 CRL.P No. 9997 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9997 OF 2025
BETWEEN:
BIJUPATRA S/O HARISH PATRA, AGED ABOUT 22 YEARS, PRESENTLY R/@ NO.NIL C/O SRINIVASA RENTED SHEET HOUSE, 7TH CROSS, NEAR NAGALINGESHWARA TEMPLE, KUNDALAHALLI, BENGALURU- 560037.
PERMANENTLY R/@ MANKUNDA VILLAGE, NIRGODHA POST, BALESHWAR, BALASORE ORISSA- 756001. …PETITIONER (BY SRI. MOHAMMED PASHA C., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY HAL P.S REP BY SPP
2. JIYAULLA, S/O AIYUB, AGED ABOUT 35 YEARS, R/AT NO.34, 2ND CROSS,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29938 CRL.P No. 9997 of 2025
B1 STREET, GOPALPURA, MAGADI ROAD, BENGALURU- 560 023. …RESPONDENTS (BY SRI. RANGASWAMY.R, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION AND RELEASE THE PETITIONER ON BAIL IN VIDE SPL.C.NO.1053/2025 ARISING OUT OF CR.NO.151/2025 OF RESPONDENT HAL POLICE STATION PENDING ON THE FILE BEFORE THE HONBLE COURT OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, FTSC-1, FOR THE OFFENCES PUNISHABLE U/S 8,9(m),9(n),10,11(ii),12 OF POCSO ACT, IN WHICH THIS PETITIONER IS ARRAYED AS ACCUSED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER
Petitioner is the sole accused in Crime No.151/2025 of H.A.L. Police Station, registered for the offence Punishable under Section 8 and 12 of the POCSO Act. 2012.
2. Charge sheet is filed for the offence Punishable under Section 8, 9(m), 9(n), 10, 11(ii) and Section 12 of the POCSO Act, 2012.
3. In the complaint lodged by one Jiyaulla, it is alleged that he is working in “A2Z Laundry" situated in ACES layout,
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HC-KAR NC: 2025:KHC:29938 CRL.P No. 9997 of 2025
Lakshminarayapura for the past two years. The accused was also working in the said company since two years. As he was suffering loss in the laundry business, he verified the CCTV footages on 04.04.2025 at about 04:00 p.m., wherein, he noticed the petitioner herein behaving in an indecent manner and sexually abusing the minor victim by touching her inappropriately, etc.
4. It is contended by the learned counsel that the petitioner is innocent and he has been falsely implicated in this case. He submits that the victim girl is none other than the foster sister of the petitioner and in view of the dispute relating to the business, the complainant has come up with a false story alleging that the petitioner has sexually abused the minor victim. He submits that petitioner has no bad antecedents and he is in judicial custody since
04.04.2025. Now the investigation is completed and therefore, by imposing any conditions to the petitioner, he may be enlarged on bail.
5. Per contra learned High Court Government Pleader has contended that CCTV footage has been collected and statement of the victim, minor aged about 8 years is also
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HC-KAR NC: 2025:KHC:29938 CRL.P No. 9997 of 2025
recorded, wherein she has stated that the petitioner has touched her inappropriately in the laundry shop on two occasions.
6.
Learned counsel for petitioner argued that the said statement is recorded in Kannada and the victim do not know the said language and the statement has been created by the police for the purpose of this case.
7. The victim’s mother is present before the Court. She submits that she has no objection for grant of bail to the petitioner.
8. The allegations are that, in the laundry shop, petitioner touched the minor victim inappropriately and thereby committed the offence charged against him. According to prosecution, incident took place on 19.03.2025 at about 12:00 noon and when the complainant verified the CCTV footage on 04.04.2025, the incident came to light. The petitioner was arrested on 04.04.2025. He is in judicial custody since then. The investigation is completed and charge sheet is filed. Petitioner has undertaken to furnish sufficient surety to ensure
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HC-KAR NC: 2025:KHC:29938 CRL.P No. 9997 of 2025
his regular presence before the trial Court and also to abide by conditions. Hence, the following:
ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.151/2025 of H.A.L. Police Station, pending in Spl.C.No.1053/2025 on the file of the Court of Additional City Civil and Sessions Judge, Bengaluru, (FTSC-1) shall be enlarged on bail, subject to following conditions:
1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, out of which one shall be local surety, 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.
3. He shall not directly or indirectly tamper with the prosecution witnesses.
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HC-KAR NC: 2025:KHC:29938 CRL.P No. 9997 of 2025
4. He shall not indulge himself in committing any offence.
5. He 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.: 37