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High Court of Karnataka · body

2026 DAILYLAW 25220 (KAR)

SWAPAN GHOSH v. THE STATE OF KARNATAKA BY

CRL.P/4499/2026 · 2026-06-29

S Vishwajith Shetty

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32055 CRL.P No. 4499 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4499 OF 2026 BETWEEN: 1. SWAPAN GHOSH S/O. MIHIR GHOSH AGED ABOUT 52 YEARS R/AT. NO.12, 3RD CROSS HAGADURU MAIN ROAD WHITEFIELD BENGALURU - PIN 560 066 NATIVE ADDRESS: NO. 5/1, SARITHULLA LANE MANIKTALA, BEEDAM STREET KOLKATHA, WEST BENGAL PIN 700 006 2. DEEPANKAR MANDAL S/O. NIKIL MANDAL AGED ABOUT 34 YEARS R/AT. NO. 12, 3RD CROSS HAGADURU MAIN ROAD WHITEFIELD, BENGALURU. PIN 560 066. NATIVE ADDRESS: SWASTHIPURA KRISHNACHANDRAPURA NORTH 24 PARAGANA, RANIHALLI WEST BENGAL - PIN 43251 (IN J.C) …PETITIONERS (BY SRI: MANJUNATHA S, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32055 CRL.P No. 4499 of 2026 AND: 1. THE STATE OF KARNATAKA BY WHITEFIELD POLICE STATION BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001. …RESPONDENT (BY SRI: R RANGASWAMY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN S.C.NO.296/2025 (CR. NO.508/2025) OF RESPONDENT - WHITEFIELD POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 143(2) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 AND SECTIONS 3, 4, 5 OF ITP ACT, PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in SC No.296 of 2025, pending before the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.508 of 2025 registered by Whitefield Police Station, Bengaluru for the offences punishable under Section 143(2) of BNS, 2023 and Sections 3, 4 and 5 of Immoral Traffic - 3 - HC-KAR NC: 2026:KHC:32055 CRL.P No. 4499 of 2026 (Prevention) Act, 1956, are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.508 of 2025 was registered by Whitefield Police Station, Bengaluru for the aforesaid offences against the petitioners herein based on the first information dated 23.07.2025 received from Praveen, Police Officer attached to Whitefield Police Station, Bengaluru. In the said case, the petitioners were arrested on 24.07.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Their bail application filed before the Trial Court in Crl.Misc.No.2649 of 2025 was rejected on 24.01.2026. Therefore, they are before this Court. 4. Based on the credible information received, the first informant along with the staff, after obtaining permission from the higher officers, had raided the premises within the jurisdiction of Whitefield Police Station, Bengaluru and had rescued a lady who was allegedly brought by accused Nos.1 - 4 - HC-KAR NC: 2026:KHC:32055 CRL.P No. 4499 of 2026 and 2 from West Bengal for the purpose of prostitution. After rescuing the said lady, who is cited as CW4 in the charge sheet, the accused persons were arrested and remanded to custody. 5. Investigation of the case is now completed and charge sheet has been filed. It is not in dispute that accused Nos.1 and 2 have no other criminal antecedents. The alleged offences are not punishable either with death or life imprisonment. The trial in the case is yet to commence. The apprehension of learned HCGP that the petitioners may flee away from justice can be taken care of by imposing appropriate conditions on them. 6. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.508 of 2025 registered by Whitefield Police Station, Bengaluru for the offences punishable under Section 143(2) of BNS, 2023 and Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956, subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:32055 CRL.P No. 4499 of 2026 a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with two sureties each, of which one local sureties, for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the date of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE BGN List No.: 1 Sl No.: 58