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2026 DAILYLAW 22548 (KAR)

MAJBUL HOQUE LASKAR, v. STATE OF KARNATAKA

CRL.P/7593/2026 · 2026-06-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29884 CRL.P No. 7593 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7593 OF 2026 BETWEEN: 1. 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-560 076. … 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. MUSLIMA W/O. QASIM, AGED ABOUT 39 YEARS R/A. J.D. MARA SLUM, BANNERGHATTA ROAD, N.S. PALYA, BTM LAYOUT 2ND STAGE, BENGALURU CITY, KARNATAKA-560 076 … RESPONDENTS (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 483(1)(b) OF BNSS, 2023, PRAYING TO MODIFY THE BAIL CONDITION IN ANNEXURE-A IN CRL.P. 3263/2026 DIRECTING FURNISHING OF TWO LOCAL SURETIES BY PERMITTING THE ACCUSED TO FURNISH ONE Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29884 CRL.P No. 7593 of 2026 NON-LOCAL SURETIES OR PERSONAL BOND OR DEPOSITION OF BOND AMOUNT IN LIEU OF BAIL IN SPL.C NO.2816/2025 OF CRIME NO.297/2025 OF MICO LAYOUT POLICE STATION BANGALORE CITY FOR THE OFFENCES U/S 7 AND 8 OF POCSO ACT 2012 PENDING ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE, FTSC-I AT BANGALORE CITY. 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. This petition under Section 483(1)(b) of Bharatiya Nagarik Suraksha Sanhita, 2023 is filed with a prayer to relax/modify condition No.[ii(a)] imposed by this Court in Crl.P.No.3263/2026 disposed of on 25.04.2026. 2. Heard learned counsel for the petitioner and learned HCGP appearing on behalf of the respondent/State. 3. Petitioner, who is the sole accused in Spl.C.No.2816/2025 pending before the Court of City Civil and Sessions Judge, FTSC-1, Bengaluru City, arising out of Crime No.297/2025 registered by Mico Layout Police Station, for the offences punishable under Sections 7 and - 3 - HC-KAR NC: 2026:KHC:29884 CRL.P No. 7593 of 2026 8 of POCSO Act, 2012, had approached this Court in Crl.P.No.3263/2026 seeking regular bail and the said petition was allowed by this Court on 25.04.2026 subject to certain conditions. 4. The condition No.[ii(a)] imposed by this Court while granting bail to the petitioner herein in Crl.P.No.3263/2026, which was allowed on 25.04.2026 reads as follows:- " 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." 5. The petitioner is before this Court seeking modification/relaxation of the aforesaid condition no.[ii(a)]. 6. Learned counsel for the petitioner submits that though this has Court granted bail to the petitioner on 25.04.2026 in Crl.P.No.3263/2026, till date, the petitioner - 4 - HC-KAR NC: 2026:KHC:29884 CRL.P No. 7593 of 2026 is not released from jail, since he is not in a position to comply with condition no.[ii(a)] imposed by this Court in the said petition. He submits that the petitioner being a permanent resident of Assam is not in a position to provide two local sureties for the likesum and accordingly, he prays to relax/modify condition no.[ii(a)] imposed by this Court in Crl.P.No.3263/2026 vide order dated 25.04.2026. 7. Learned HCGP appearing on behalf of respondent/State does not seriously oppose the prayer made in the petition to relax/modify condition no.[ii(a)], considering the nature of allegations found in the case as against the petitioner who is chargesheeted for the offences punishable under Section 7 and 8 of the POCSO Act, 2012. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner in this petition needs to be granted, failing which, he would not be in a - 5 - HC-KAR NC: 2026:KHC:29884 CRL.P No. 7593 of 2026 position to enjoy the fruits of the order passed by this Court in Crl.P.No.3263/2026 on 25.04.2026. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The condition no.[ii(a)] imposed by this Court in Crl.P.No.3263/2026 vide order dated 25.04.2026 is modified and the same shall read as follows:- "(a) the petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court." (iii) All other conditions imposed by this Court in Crl.P.No.3263/2026 on 25.04.2026, stand unaltered. SD/- (S VISHWAJITH SHETTY) JUDGE VGR