- 1 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1749 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SMT. REETA MANDAL W/O RAVIHUL MANDAL AGED ABOUT 41 YEARS R/AT NO.6/1, 3RD CROSS 20TH 'D' CROSS, PIPELINE ROAD EJIPURA, VIVEKANAGARA BENGALURU - 560047. …PETITIONER (BY SRI. HEMANTHA B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIVEKANAGARA POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560001. 2. XXX (VICTIM) REP. BY HER FATHER D/O HAMIDH MANDAL R/AT 803, 6th CROSS SINGASANDRA, BENGALURU-47 …RESPONDENTS (BY SRI.VINAY M HCGP FOR R1: SRI SURYA B E, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN SPL.CC.NO.1154/2025 ARISING OUT OF Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 CR.NO.50/2025 OF THE RESPONDENT IN VIVEKNAGARA POLICE, FOR THE OFFENCES P/U/S 3,4,5,6 OF I.T.P ACT, U/S 143 OF BNS, U/S 4,6,17 OF POCSO ACT, PENDING ON THE FILE OF THE HONBLE FTSC-F1, BENGALURU.THE FTSC-1, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Special C.C.No.1154/2025 pending before the Court of Additional City Civil and Sessions Judge FTSC- 1, Bengaluru, arising out of Crime No.50/2025 registered by Viveknagar Police Station, for offences punishable under Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956, Section 143 of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Sections 4, 6 and 17 of POCSO Act, 2012, is before this Court in this criminal petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. - 3 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 3. FIR in Crime No.50/2025 was registered by Viveknagar Police Station for the aforesaid offences against the petitioner herein based on the first information dated 30.04.2025 received from one Mr.Shiva Kumar, the police officer attached to the police station. During the course of investigation of the said case, petitioner herein was arrested on 30.04.2025 and remanded to judicial custody. After completing investigation, charge sheet has now been filed against the accused for the aforesaid offences. The bail application filed before the Trial Court in Crl.Misc.No.6959/2025 was rejected on 10.09.2025. Therefore, she is before this Court. 4. Learned counsel appearing for the petitioner having reiterated the grounds urged in the criminal petition would submit that the petitioner, who is a married lady, aged 40 years, is in custody for more than one year. She has no other criminal antecedents. Statement of the victim recorded by the medical officer, who had examined her, - 4 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 makes the charge sheet allegations doubtful. He accordingly prays to allow the petition. 5. Per contra, learned HCGP appearing for respondent No.1 and learned counsel appearing for respondent No.2, who has filed statement of objections opposing the bail petition, have strongly opposed the petition. They submit that one of the victims in the present case is a minor girl and the said victim was forcibly pushed into the business of prostitution. He submits that the trial in the case is under progress and at this stage, if the petitioner is enlarged on bail, she may tamper with the material witnesses. Accordingly, they pray to dismiss the petition. 6. First information dated 30.04.2025 was filed in the present case by Mr.Shiva Kumar, Police Inspector attached to Viveknagar Police Station, after a raid was conducted in the house of the petitioner situated within the jurisdiction of Viveknagar Police Station based on credible information that she was involved in the illegal business of carrying - 5 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 prostitution. From the said house, two victims were rescued and one amongst them is said to be a minor aged 17 years 6 months. After the alleged victims were rescued, their statement was recorded and thereafter, FIR was registered against the petitioner for the aforesaid offences and she was arrested and remanded to judicial custody. 7. According to the prosecution, the aforesaid minor victim girl hails from West Bengal. The petitioner had brought her from West Bengal with an assurance that she would be employed in a beauty parlour and thereafter, she pushed her into the business of prostitution. The minor victim girl was subjected to medical examination and before the doctor, who had medically examined the victim lady in Vanivilas Hospital, Bengaluru, she had given the history of the alleged crime. The minor victim girl has stated that she hails from West Bengal and after her parents had died in a road traffic accident she was brought to Tamil Nadu by a lady. Subsequently, she developed friendship with another lady, Ria, in Tamil Nadu and with - 6 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 her help she started staying in the house of another lady named Lisha. Thereafter, she came to Bangalore along with Mariya, who got acquainted with her while she was in Tamil Nadu and thereafter, she stayed in the house of Mariya at Varthur in Bengaluru, for a month. During the said period, she developed friendship with a guy from West Bengal, aged 24 years and she had sexual intercourse with him several times. She has stated that subsequently, she started working as a sex worker and she had gone to several places like Bangalore and Salem. On 30.04.2025 she went to the petitioner's house at about 08.00 a.m. along with an unknown person and at about 09.00 a.m. the said person had sexual intercourse with her. Thereafter, at about 03.00 p.m., police came to the house of the petitioner and apprehended her. This statement of the victim girl makes the charge sheet allegations doubtful. 8. The prosecution has collected only the Aadhaar card of the minor victim girl to prove her age. In view of the - 7 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 judgment of the Hon'ble Supreme Court in the case of P.Yuvaprakash vs. State, represented by Inspector of police reported in (2023) SCC Online SC 846, the said document cannot be considered as a document to prove the age of the victim girl. 9. The petitioner is a married lady, who is in custody for more than one year. Undisputedly, she has no other criminal antecedents. Though it is submitted by the learned counsel appearing for the respondent No.2 that in the event, the petitioner is enlarged on bail, she might tamper with the prosecution witness, such an apprehension is not based on any material. However, such apprehension can be taken care of by imposing appropriate conditions on the petitioner. 10. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: - 8 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Special.C.C.No.1154/2025 pending before the Court of Additional City Civil and Sessions Judge FTSC-1, Bengaluru, arising out of Crime No.50/2025 registered by Viveknagar Police Station, for offences punishable under Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956, Section 143 of Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6 and 17 of POCSO Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 9 - HC-KAR NC: 2026:KHC:27847 CRL.P No. 1749 of 2026 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off; f) In the event petitioner violates any of the aforesaid bail conditions, it is open for the respondents to seek for cancellation of bail. Sd/- (S VISHWAJITH SHETTY) JUDGE DM List No.: 1 Sl No.: 38