Karnataka High Court
Mr Moti Singh vs State By on 24 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:12276
CRL.P No. 1694 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 1694 OF 2025
BETWEEN:
MR MOTI SINGH
AGED ABOUT 31 YEARS
S/O. MR. BAHERA SINGH
NO. 32, MARUTHINILAYA
PLOT NO.1,
NEAR SHANI TEMPLE
VINAYAKA LAYOUT
DODDATHOGURU
Digitally signed ELECTRONIC CITY
by LAKSHMI T BENGALURU 560 100.
Location: High
Court of ...PETITIONER
Karnataka (BY SRI. JAI PRAKASH RAO.,ADVOCATE)
AND:
1. STATE BY
HSR LAYOUT
POLICE STATION
HSR LAYOUT
BENGALURU CITY - 560 102
REPRESENTED BY THE
HIGH COUR GOVERNMENT PLEADER
HIGH COURT BUILDING
VIDHANA VEEDHI ROAD
BENGALURU-560 001.
2. MRS. SAUMYA .N/POLICE INSPECTOR
WOMEN PROTECTION WING
CENTRAL CRIME BRANCH
-2-
NC: 2025:KHC:12276
CRL.P No. 1694 of 2025
SHANTHI NAGARA
BENGALURU - 560 027.
3. XXX VICTIM
REPRESENTED BY BALAKIYARA BALAMANDIRA
C/O HSR POLICE STATION
BENGALURU.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1 & R2
SRI. HARSHITH B .,ADVOCATE FOR R3)
THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C
PRAYING TO ALLOW THE PETITION AND TO ENLARGE THE
PETITIONER ON BAIL IN SPL.C.C.NO.2578/2024 IN CRIME
NO.378/2024 REGISTERED AT HSR LAYOUT POLICE STATION,
FOR THE ALLEGED OFFENCE P/US/ 3,4,5 OF IMMORAL TRAFFIC
(PREVENTION) ACT, SEC.143(2) OF BNS ACT 2023 AND
SEC.4,6,8,16 AND 18 OF POCSO ACT, WITH SUCH TERMS AND
CONDITIONS AS THIS HONBLE COURT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioner, learned High
Court Government Pleader for respondent Nos.1 and 2 and
learned counsel for respondent No.3.
2. This petition is preferred to enlarge the
petitioner/accused No.3 on bail in Crime No.378/2024 of H.S.R.
Layout Police Station, Bengaluru. Aforementioned crime was
registered against accused Nos.1 and 2 for the offence
punishable under Sections 3, 4 and 5 of Immoral Traffic
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(Prevention) Act, 1956, Sections 8, 4 and 6 of Protection of
Children from Sexual Offences Act, 2012 and Sections 143(2)
and 143(3) of the Bharathiya Nyaya Sanhita (BNS), 2023.
3. Charge sheet is filed against accused Nos.1 to 4 for
the offence punishable under Sections 3, 4 and 5 of Immoral
Traffic (Prevention) Act, 1956, under Section 143(2) of the
Bharathiya Nyaya Sanhita (BNS), 2023 and under Sections 4,
6, 8, 16 and 18 of POCSO Act, 2012
4. In the charge sheet, petitioner is arraigned as accused
No.3, he was arrested on 16.10.2024 and in judicial custody
since then.
5. Briefly stated, it is the case of prosecution that accused
Nos.1 and 2 were running a brothel in house No.454/A, 3rd
Floor, Narayananamma B.V. Yadav house, Sector-3, HSR
Layout, Bengaluru city and that they have procured a minor girl
of Bangladesh origin and conducting prostitution in said house.
It is the further case of the prosecution that on receiving a
credible information, the CCB Police conducted a raid in the
said house and found that petitioner/ accused No.3 was present
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along with the minor victim and accused No.4 being the aunt of
the minor victim was also involved in the offence.
6. Learned High Court Government Pleader for
respondent Nos.1 and 2 has opposed the prayer for bail
contending that the offence committed is heinous in nature,
wherein, the petitioner has committed a heinous act against a
minor victim aged only 15 years. She contended, as per the
FSL report, seminal stains were noticed on the articles that
were seized etc and therefore, there is a prime-facie case
against the petitioner.
7. Learned counsel appearing for respondent No.3
contended that victim has given a statement naming the
petitioner and therefore, there is a prime-facie case against the
petitioner for committing a heinous offence. He further
contended that in view of the judgment of the High Court of
Kerala in the case of Abhijith Vs. State of Kerala in
Crl.R.P.No.1208/2023 disposed of on 21.12.2023, a
customer also come within the purview of Section 5 of the
Immoral Traffic (Prevention) Act, 1956. He therefore
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contended that the petitioner is not entitled for the relief of
bail.
8. I have perused the statement of victim recorded on
18.10.2024, as per which, the Police conducted a raid on
16.10.2024 and arrested the petitioner who was present in the
house along with her.
9. It is the specific case of the prosecution that accused
Nos.1 and 2 were running a brothel in a rented house and upon
receiving a credible information, CCB police conducted a raid on
the night intervening 15.10.2024 and 16.10.2024 and arrested
accused Nos.1 to 3 and rescued the victim girl.
10. Learned counsel for the petitioner has drawn the
attention of the Court to the Medical Examination Report of the
victim and history furnished therein. As per which, sexual
intercourse was committed on the victim about three days back
i.e, on 13.10.2024 by an unknown. If the said document is
taken into consideration, at this stage a reasonable doubt
arises in the mind of the Court about the allegations made
against the petitioner that he was present in the house on
16.10.2024 along with the victim. It is not stated while
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furnishing history by the victim that she was subjected to
sexual assault on the said day of raid.
11. Learned counsel for respondent No.3 has contended
that the petitioner is a resident of the State of Rajasthan and
therefore, if he is enlarged on bail, there are chances of
absconding.
12. Prosecution has to establish the case against the
petitioner during trial. Petitioner has no criminal antecedents.
He is in judicial custody from 16.10.202. Investigation is
completed and charge sheet is already filed. The apprehension
of the State and respondent No.3 may be safeguarded by
imposing stringent conditions. Hence, the following:
ORDER
i) Petition is allowed.
ii) The petitioner/accused No.3 is ordered to be
released on bail in Spl.C.C.No.2578/2024, pending before
the Additional City Civil and Sessions Judge, FTSC-I,
Bengaluru (Crime No.378/2024 of H.S.R. Layout Police
Station, Bengaluru), subject to following conditions:
a) Petitioner/accused No.3 shall execute
a personal bond in a sum of Rs.1,00,000/-
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(Rupees One Lakh only) with two sureties out of
which one shall be a local surety, for the
likesum to the satisfaction of the Trial Court.
b) He shall furnish proof of his
residential address and shall furnish his contact
number and inform the Investigation
Officer/Court, if there is any change in the
address or the contact number.
c) He shall mark his attendance before
the jurisdictional Police Station on every Sunday
between 10:00 am and 01:00 pm for a period of
three months.
d). He shall not tamper with the
prosecution witnesses either directly or
indirectly.
e) He shall appear before the trial Court
on every date of hearing without fail.
If any of the above conditions are violated, the
prosecution is at liberty to seek cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
RL/-
