Karnataka High Court
Mohammad Aamir Raza vs State Of Karnataka By on 13 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2023:KHC:45379
CRL.P No. 11957 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11957 OF 2023
BETWEEN:
MOHAMMAD AAMIR RAZA
S/O MOHAMMAD YUNUS
AGED ABOUT 33 YEARS
R/AT NO.14, 3RD CROSS
BRINDAVAN LAYOUT
VIJINAPURA, K.R. PURAM
BANGALORE - 560 016.
...PETITIONER
(BY SRI SYED MUZAKKIR AHMED, ADV.)
AND:
STATE OF KARNATAKA BY
SAMPIGEHALLI POLICE
BANGALORE CITY - 560 077
(REPRESENTED BY THE LEARNED
STATE PUBLIC PROSECUTOR
Digitally HIGH COURT OF KARNATAKA
signed by BENGALURU - 560 001)
NANDINI MS
...RESPONDENT
Location:
HIGH COURT (BY SRI RAHUL RAI K, HCGP FOR R-1;
OF
KARNATAKA V/O DTD: 12/12/2023 NOTICE TO R-2 H/S)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.376/2023 OF SAMPIGEHALLI P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S.377 OF IPC AND
SEC.5(F),(L)(o),6,17,21 OF POCSO ACT AND SEC.75 OF J.J.ACT
PENDING ON THE FILE OF HONBLE FTSC I ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:45379
CRL.P No. 11957 of 2023
ORDER
Accused no.4 Spl.C.No.2679/2023 pending before the Court of FTSC-I, Addl. City Civil & Sessions Judge, Bengaluru arising out Crime No.376/2023 registered by the Sampigehally Police Station, Bengaluru City for the offences punishable under Section 377 & 506 of IPC and Sections 4, 5(f), 5(l), 5(m), 5(o), 6, 17 and 21 of Protection Of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader for respondent - State.
3. On the complaint lodged by Ameen Shareef S/o E K Sharif dated 05.10.2023, FIR in Crime No.376/2023 was registered by Sampigehalli Police Station, Bengaluru City against Inthekab and 3 others. The petitioner herein is arrayed as accused no.4 in the FIR. During the course of investigation, the petitioner was arrested on 05.10.2023. Subsequently, he was produced before the jurisdictional court and remanded to -3- NC: 2023:KHC:45379 CRL.P No. 11957 of 2023 judicial custody. Investigation in the case is complete and charge sheet has been filed.
4. The bail application of the petitioner in Crl.Misc.No.10133/2023 filed before the Trial Court was rejected on 17.11.2023. It is under these circumstances, the petitioner is before this Court.
5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that charge sheet is filed against the petitioner only for the offence punishable under Section 506 R/w 34 of IPC and Sections 17 & 21 of the POCSO Act. The petitioner is in custody from 05.10.2023. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the bail application.
6. The allegation against the petitioner in the case is that even though he had knowledge about the alleged crime committed by accused nos.1 and 2 who are working in the institution of which he is a part of the management, he had not taken any necessary action against them and had not reported -4- NC: 2023:KHC:45379 CRL.P No. 11957 of 2023 the crime committed by them. The petitioner has been arrested in the present case on 05.10.2023. Investigation in the case is complete and charge sheet has been filed. Only offences punishable under Sections 17 & 21 of POCSO Act and Section 506 R/w 34 of IPC have been invoked against the petitioner herein. Undisputedly, the petitioner has no criminal antecedents. Considering the nature of allegation against the petitioner in the present case and also having regard to the fact that investigation in the case is complete and charge sheet is filed, I am of the considered view that the petitioner's prayer for granting regular bail is required to be allowed.
7. In view of the above, the petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.2679/2023 pending before the Court of FTSC-I, Addl. City Civil & Sessions Judge, Bengaluru arising out Crime No.376/2023 registered by the Sampigehalli Police Station, Bengaluru City for the offences punishable under Section 377 & 506 of IPC and Sections 4, 5(f), 5(l), 5(m), 5(o), 6, 17 and 21 of Protection Of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, subject to the following conditions: -5-
NC: 2023:KHC:45379 CRL.P No. 11957 of 2023
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakhs only) with one surety 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 his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE NMS