- 1 - HC-KAR CNR: KAHC010489602026 NC: 2026:KHC:47144 CRL.P No. 10610 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10610 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SMT. SNEHA @ NEHA W/O M.D. IBRAHIM MOHAMMED IBRAHIM @ AYAAN, AGED ABOUT 21 YEARS, R/AT NO.11137, ED ROAD, DELHI, GPO, NORTH DELHI - 110006. PRESENTLY RESIDING AT: NO.113, SANTHOSH KUTEER, GANGAMMA LAYOUT, GUDDADAHALLI, R.T. NAGAR, BENGALURU-560032. …PETITIONER (BY SRI. G. RAKESH RAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BENGALURU CITY RAILWAY POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560002. 2. XXXXXXXX Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010489602026 NC: 2026:KHC:47144 CRL.P No. 10610 of 2026 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 31.08.2026) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL AND DIRECT THE RELEASE OF THE PETITIONER FROM JUDICIAL CUSTODY IN CRIME NO.95/2026 REGISTERED BY THE BENGALURU CITY RAILWAY POLICE STATION, FOR THE OFFENCES P/U/S 65, 144(1) AND 143(4) OF THE BNS 2023 AND SECTION 3 AND 4 OF IMMORAL TRAFFIC (PREVENTION) ACT, SECTION 75 AND 79 OF THE JJ (CARE AND PROTECTION OF CHILDREN) ACT, SECTION 4, 6, 8 AND 12 OF POCSO ACT, PENDING TRIAL BEFORE THE COURT OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, (FTSC-III) BENGALURU 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 Accused No.2 in Spl.C.C.No.110/2026 pending before the Court of Additional City Civil and Sessions Judge – FTSC-III, Bengaluru, arising out of Crime No.95/2025 registered by the Bengaluru City Railway Police Station, for offences punishable under Sections 137(1)(b) and 64 of BNS, 2023 and Sections, 4, 6, 8 and 12 of POCSO Act, 2012, is before this Court, in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. - 3 - HC-KAR CNR: KAHC010489602026 NC: 2026:KHC:47144 CRL.P No. 10610 of 2026 2. Heard the learned counsel for the petitioner and learned Additional Special Public Prosecutor on behalf of respondent No.1 – State. Respondent No.2 is served in the matter and has remained unrepresented before this Court. 3. FIR in the present case was registered for offences punishable under Sections 3 and 4 of Immoral Traffic Prevention Act, 1956, Sections 75 and 79 of Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 4, 6, 8 and 12 of POCSO Act, 2012 and Sections 65, 144(1) and 143(4) of BNS, 2023 based on the first information dated 26.11.2025 received from respondent No.2. During the course of investigation, petitioner was arrested on 12.12.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons and the petitioner is arrayed as accused No.2, while her husband is arrayed as accused No.1. The other accused persons named in the FIR have been dropped in the charge sheet. Bail application filed by - 4 - HC-KAR CNR: KAHC010489602026 NC: 2026:KHC:47144 CRL.P No. 10610 of 2026 the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.5397/2026 was rejected on 07.07.2026. Therefore, she is before this Court. 4. FIR in the present case was registered against the petitioner and six others who were named in the FIR. During the course of investigation petitioner and her husband were arrested and after completing investigation, charge sheet is filed against them, for the aforesaid offences. The offences punishable under Immoral Traffic Prevention Act, 1955 and Juvenile Justice (Care and Protection of Children) Act, 2015 which were invoked in the FIR have been left out in the charge sheet. 5. As per the charge sheet allegations, accused Nos. 1 and 2, who are the husband and wife had induced the victim girl, who is the resident of Delhi, by assuring her that they will provide good employment in Bengaluru and had brought her to Bengaluru and kept the victim girl (CW2) in their house. Whenever accused No.2 was not in - 5 - HC-KAR CNR: KAHC010489602026 NC: 2026:KHC:47144 CRL.P No. 10610 of 2026 the house, accused No.1 allegedly used to sexually and physically assault the victim girl (CW-2). 6. It is further alleged that accused No.2 also used to kiss the victim girl and thereby, accused Nos. 1 and 2 had used the victim girl sexually. Subsequently, they had abandoned her at the KSR Railways Station, Bengaluru and thereafter, FIR was registered in the present case. The petitioner, who is a lady, is in custody from 12.12.2025 onwards. Investigation of the case is completed and allegations found against the petitioner is required to be proved in trial. There is no allegation against accused No.2 of she committing any kind of sexual assault, which would attract the offences punishable under Sections 4 or 6 of the POCSO Act. Accused No.1, who is arrested in the case, is in custody. 7. Considering the nature of allegations against the petitioner, who is a lady and also considering proviso to Section 480 of BNS, 2023, the following: - 6 - HC-KAR CNR: KAHC010489602026 NC: 2026:KHC:47144 CRL.P No. 10610 of 2026 ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl.C.C.No.110/2026 pending before the Court of Additional City Civil and Sessions Judge – FTSC-III, Bengaluru, arising out of Crime No.95/2025 registered by Bengaluru City Railway Police Station, for offences punishable under Sections 137(1)(b) and 64 of BNS, 2023 and Sections, 4, 6, 8 and 12 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 her appearance for valid reasons; - 7 - HC-KAR CNR: KAHC010489602026 NC: 2026:KHC:47144 CRL.P No. 10610 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. Sd/- (S VISHWAJITH SHETTY) JUDGE CM List No.: 1 Sl No.: 61