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2026 DAILYLAW 15409 (KAR)

MAJBUL HOQUE LASKAR v. STATE OF KARNATAKA

CRL.P/3263/2026 · 2026-04-25

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22973 CRL.P No. 3263 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 3263 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MAJBUL HOQUE LASKAR S/O. HASAN ALI LASKAR, AGED ABOUT 45 YEARS, R/A. J.D. MARA SLUM, BANNERGHATTA ROAD, N.S. PALYA, BTM LAYOUT 2ND STAGE, BENGALURU CITY, KARNATAKA-560076. …PETITIONER (BY SRI. KALEEM SABIR.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION, BANGALORE CITY - 560 076. (REPRESENTED BY STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA AT BANGALORE. 2. VICTIM D/O. QASIM, AGED 11 YEARS, R/A. J.D. MARA SLUM, BANNERGHATTA ROAD, N.S. PALYA, BTM LAYOUT 2ND STAGE, BENGALURU CITY, KARNATAKA-560 076. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22973 CRL.P No. 3263 of 2026 RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1; R2 IS SERVED) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT BAIL IN SPL.C.NO.2816/2025 IN CRIME NO.297/2025 OF MICO LAYOUT POLICE STATION, PENDING ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE, FTSC I AT BENGLAURU CITY FOR OFFENCE P/US/ 7 AND 8 OF POCSO ACT 2012 WITH A DIRECTION TO RELEASE THE PETITIONER ON BAIL WITH REASONABLE CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is accused of commission of offence under Sections 7 and 8 of POCSO Act, 2012 in SPL.C.NO.2816/2025 in Crime NO.297/2025 of Mico Layout Police Station, pending on the file of the City Civil and Sessions Judge, FTSC-1 at Bengaluru City, is before this Court seeking regular bail. 2. Case of the prosecution is that a complaint dated 14.10.2025 came to filed by the defacto complainant- respondent No.2 herein at 21.30 hours on 14.10.2025 before the respondent-police alleging the accused- petitioner herein on 14.10.2025 between 12:00 and 12:30 p.m. had taken the victim girl to a deserted place and had sexually assaulted her. - 3 - HC-KAR NC: 2026:KHC:22973 CRL.P No. 3263 of 2026 Accordingly, a case in Crime No.297/2025, came to be filed for the offences punishable Sections 7 and 8 of POCSO Act,2012 and he was arrested and since then he has been behind the bars. 3. Learned counsel for the petitioner submits that accused-petitioner has been falsely implicated. He draws attention of this Court to the complaint dated 14.10.2025 that is on the very same day filed by one Rubels Ahmed Laskar, son of the accused-petitioner herein against CW.9-Ashok and two unknown women of they physically assaulting the accused- petitioner herein on a dispute pertaining to the lease and payment of rent which also resulted in registration of a case in Crime No.299/2025 at 11.00 p.m.. He submits the outcome of the dispute/rivalry between the accused-petitioner herein and said CW.9-Ashok has resulted in registration of present case. He submits that the offence alleged against the accused- petitioner are punishable only upto 3 years. 4. He furnishes a memo along with five documents evidencing the permanent address and place of residence of the - 4 - HC-KAR NC: 2026:KHC:22973 CRL.P No. 3263 of 2026 accused- petitioner and submits that he would abide by any conditions that may be imposed by this Court. 5. Learned HCGP opposing the petition submits that since the petitioner is from outside the State of Karnataka, securing him would be difficult. Hence opposes the petition. 6. Heard and perused the records. 7. Records reveal that on the very same day when the instant complaint was filed, another complaint simultaneously have been filed by the son of the accused-petitioner against one Ashok, who is cited as CW9 in the instant case, alleging a dispute pertaining to lease/rental. Petitioner is stated to be working as a security guard at Handiman Company in Halasuru and it is contended that the dispute which the accused- petitioner had with CW.9 has resulted in registration of the present case. 8. Charge sheet in the present case has been filed on 25.11.2025 and the accused has been in judicial custody since 14.10.2025. - 5 - HC-KAR NC: 2026:KHC:22973 CRL.P No. 3263 of 2026 9. In the light of the aforesaid facts and circumstances and since the punishment prescribed for the offences are upto 3 years, considering the material placed on record, this Court deems it appropriate to grant bail as sought for. 10. Accordingly, following; ORDER (i) Criminal Petition is allowed. (ii) The accused/petitioner is directed to be enlarged on bail SPL.C.NO.2816/2025 in Crime NO.297/2025 of Mico Layout Police Station, pending on the file of the City Civil and Sessions Judge, FTSC-1 at Bengaluru City, for the offences punishable under Sections 7 and 8 of Protection of Children from Sexual Offences' Act, 2012, subject to the following conditions: a) the accused/petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two local sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2026:KHC:22973 CRL.P No. 3263 of 2026 b) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) He shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) He shall not involve in similar offences in future; e) He shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 3 Sl No.: 4