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2026 DAILYLAW 50255 (KAR)

MR ZUBIRUL ISLAM LASKAR v. STATE BY

CRL.P/12827/2025 · 2026-01-05

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:158 CRL.P No. 12827 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12827 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MR ZUBIRUL ISLAM LASKAR S/O ELLER HUSSAIN LASKAR, AGED 22 YEARS R/AT: C/O. SURESH BUILDING, SHUSHRUTHI LAYOUT, NEAR ANIL BAKERY, BASAPURA BENGALURU. …PETITIONER (BY SRI. S.R.SREEPRASAD, ADVOCATE) AND: STATE BY ELECTRONIC CITY P.S., REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M. ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.572/2024 IN C.C.NO.632/2025 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL, BENGALURU, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:158 CRL.P No. 12827 of 2025 115(2), 118(1), 126(2), 351(2), 3(5), 70(1) OF BNS, 2023 REGISTERED BY RESPONDENT ELECTRONIC CITY POLICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.572/2024 of Electronic City Police Staqtion, registered for offences punishable under Sections 64, 115(2), 118(1), 126(2), 351(2), 3(5) and 70(1) of Bharatiya Nyaya Sanhita, 2023, pending in S.C.No.220/2025 on the file of VI Additional District Civil and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2026:KHC:158 CRL.P No. 12827 of 2025 3. Learned counsel for petitioner would contend that, the petitioner is a landlord wherein the victim and her husband were residing as a tenants. There was a dispute regarding payment of the rent amount and in respect of same, a false complaint has been filed against the petitioner. In that regard, he places reliance on the statements of Police Constable No.21029 - Sri. Srimantha Reddy. The doctor who examined the victim has only noted the injuries and there is no opinion with regard to forcible sexual intercourse on the victim. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 24.12.2024. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the victim lady in her statement before the Police and also in the statement recorded in Section 183 of BNSS has specifically stated the acts of this petitioner. There are serious - 4 - HC-KAR NC: 2026:KHC:158 CRL.P No. 12827 of 2025 allegations against the petitioner. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that, the victim - C.W.1 along with her husband were residing as tenants in the building of this petitioner. It is alleged that, the petitioner misbehaved with the victim - C.W.1 and when she was alone, he had committed sexual intercourse on her. The statement of the victim lady has been recorded under Section 183 of BNSS wherein she has not stated regarding any forcible sexual intercourse by this petitioner on her. She has only stated that, this petitioner has misbehaved with her. The statement of a Police Constable No.21029 dated 08.01.2025 indicate that, there were quarrels between the petitioner and the victim - C.W.1 with regard to the rent - 5 - HC-KAR NC: 2026:KHC:158 CRL.P No. 12827 of 2025 amount on 22.12.2024. The petitioner is in judicial custody since 24.12.2024. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner has undertaken to appear before the trial Court on all dates of hearing and cooperate for speedy disposal of the case. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.572/2024 of Electronic City Police Staqtion, pending in S.C.No.220/2025 on the file of VI Additional District Civil and Sessions Judge, Bengaluru Rural District, Bengaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the - 6 - HC-KAR NC: 2026:KHC:158 CRL.P No. 12827 of 2025 like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 37