Karnataka High Court
Sri. Shakeel Ahmad vs State Of Karnataka on 24 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:16419
CRL.P No. 2606 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 2606 OF 2024
BETWEEN:
1. SRI. SHAKEEL AHMAD,
S/O MOHAMMED JALIL,
AGED ABOUT 27 YEARS,
RESIDENT OF BAJARGAON,
KIRORA, KATIHAR,
BIHAR - 854 317
(NOW IN JUDICIAL CUSTODY CENTRAL PRISON,
BANGALORE)
...PETITIONER
(BY SRI. MOHAMMED MUJASSIM.,ADVOCATE)
AND:
Digitally
signed by 1. STATE OF KARNATAKA
PAVITHRA N BY SAMPIGEHALLI PS,
Location:
High Court BENGALURU.
of Karnataka
(REPRESENTED BY LEARNED STATE PUBLIC
PROSECUTOR)
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SRI AMEEN SHAREEFF,
S/O E K SHARIFF,
AGE ABOUT 35 YEARS,
NO.291, 9TH CROSS,
RASHAD NAGAR, GOVINDAPURA,
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NC: 2024:KHC:16419
CRL.P No. 2606 of 2024
BANGALORE - 560 045.
SINCE VICTIM IS MINOR REPRESENTED BY HIS
FATHER AND NATURAL GUARDIAN
...RESPONDENTS
(BY SMT. K.P.YASHODA., HCGP)
THIS CRIMINAL PETITION IS 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 AND 506 OF IPC AND SEC.4,
5(F),(L), (M), (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 IN SPL.C.NO.2679/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP submits that service of notice on respondent No.2 is completed. Respondent No.2 is present in person before the Court. Therefore, service of notice of respondent No.2 is held sufficient.
2. Accused No.2 in S.C.No.2679/2023 pending before the Court of FTSC-I, Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.376/2023 -3- NC: 2024:KHC:16419 CRL.P No. 2606 of 2024 registered by the Sampigehally Police Station, Bengaluru City for the offences punishable under Sections 377 and 506 of IPC, Sections 4, 5(f), 5(l), 5(m), 5 (o), 6, 17 and 21 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, is before this Court seeking regular bail.
3. Heard the learned Counsel appearing for the parties.
4. 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.3 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 judicial -4- NC: 2024:KHC:16419 CRL.P No. 2606 of 2024 custody. Investigation in the case is complete and charge sheet has been filed.
5. The bail application filed by the petitioner before the Trial Court in Crime.Misc.No.11471/2023 was rejected on 25th January, 2024. Therefore, he is before this Court.
6. Learned Counsel for the petitioner submits that allegations as against the petitioner and accused Nos.3 & 4 are similar. Accused Nos.3 & 4 have been granted regular bail by this Court in Crl.P.No.2562/2024 and Crl.P.No.11957/2023 respectively.
7. Learned HCGP who has opposed the petition, however, does not dispute the submission made by the learned Counsel for the petitioner. The allegation against the petitioner herein is that he had not reported about the incident in spite of having knowledge of the same. Similar allegations are found even as against accused Nos.3 & 4. Accused Nos.3 & 4 have been granted regular bail by this -5- NC: 2024:KHC:16419 CRL.P No. 2606 of 2024 Court in Crl.P.No.2562/2024 and Crl.P.No.11957/2023 respectively. Under these circumstances, I am of the view that, on the ground of parity petition by accused No.2 is also required to be allowed. Accordingly, the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.2679/2023 pending before the Court of FTSC-I, Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.376/2023 registered by the Sampigehally Police Station, Bengaluru City for the offences punishable under Sections 377 and 506 of IPC, Sections 4, 5(f), 5(l), 5(m), 5 (o), 6, 17 and 21 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, 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, to the satisfaction of the jurisdictional Court;-6-
NC: 2024:KHC:16419 CRL.P No. 2606 of 2024
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 KVR List No.: 2 Sl No.: 30