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2026 DAILYLAW 44901 (KAR)

SAIFUDDIN GHARAMI v. STATE OF KARNATAKA

CRL.P/14327/2026 · 2026-10-05

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010645532026 NC: 2026:KHC:55503 CRL.P No. 14327 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14327 OF 2026 BETWEEN: SAIFUDDIN GHARAMI S/O HASBUDDIN GHARAMI AGED 30 YEARS PERMANENT RESIDENT AT PURBA GOBINDAPUR PATHAR GHATA, TEHATTA, NADIA WEST BENGAL - 741 103. …PETITIONER (BY SRI VINOD N, ADV.) AND: 1. STATE OF KARNATAKA BY VARTHUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. M. VENKATESH S/O B. MUNIKRISHNA AGED MINOR R/AT RAJANI ASHISH ROSE APARTMENTS, NEAR VIBGYOR SCHOOL TUBARAHALLI, BANGALORE - 560 066. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1; NOTICE TO R-2 IS H/S V/O DTD:05.10.2026) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.79/2017 I.E CR.NO.79/2016 OF VARTHUR P.S. REGISTERED FOR THE OFFENCE P/U/S 354(C) OF IPC AND SEC.11(5),12,13(C),14 OF POCSO ACT PENDING BEFORE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010645532026 NC: 2026:KHC:55503 CRL.P No. 14327 of 2026 ADDL.DIST. AND SESSION JUDGE FTSC-1 BENGALURU RURAL DIST. 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 Case No.79 of 2017 pending before the Court of Additional District and Sessions Judge, FTSC-1, Bengaluru Rural District, Bengaluru, arising out of Crime No.79 of 2016 registered by Vartur Police Station, Bengaluru City, for offences punishable under Section 354(C) of IPC and Sections 11(5), 12, 13(C) & 14 of POCSO Act, 2012 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent no.1 - State. Respondent no.2, who is served in the matter has remained unrepresented before this Court. 3. Perusal of FIR as well as charge sheet which is filed in the present case would reveal that, allegation against the - 3 - HC-KAR CNR: KAHC010645532026 NC: 2026:KHC:55503 CRL.P No. 14327 of 2026 petitioner who was working as a security guard in an apartment is to the effect that he had recorded a video in his mobile phone when the children who were residing in the apartment were swimming in the swimming pool of the apartment. 4. The petitioner who was arrested in the present case at crime stage was earlier granted regular bail by the Trial Court. For the reason that the petitioner had not appeared before the Trial Court subsequently, coercive steps has been taken against him and he is now arrested and remanded to judicial custody on 01.08.2026. The petitioner has undertaken to cooperate with the Trial Court for speedy disposal of the case. 5. Considering the nature of allegations found against the petitioner and also the maximum punishment provided for the charge sheeted offences, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmative. Accordingly, the following:- ORDER (i) Criminal petition is allowed. - 4 - HC-KAR CNR: KAHC010645532026 NC: 2026:KHC:55503 CRL.P No. 14327 of 2026 (ii) The petitioner is directed to be enlarged on bail in Special Case No.79 of 2017 pending before the Court of Additional District and Sessions Judge, FTSC-1, Bengaluru Rural District, Bengaluru, arising out of Crime No.79 of 2016 registered by Vartur Police Station, Bengaluru City, for offences punishable under Section 354(C) of IPC and Sections 11(5), 12, 13(C) & 14 of POCSO Act, 2012, subject to the following conditions:- a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum (Out of which one shall be local surety), 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; - 5 - HC-KAR CNR: KAHC010645532026 NC: 2026:KHC:55503 CRL.P No. 14327 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. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 77