Karnataka High Court
Sagar Nandi vs State Of Karnataka on 6 March, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 14052 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14052 OF 2024
BETWEEN:
SAGAR NANDI,
S/O JYOTHISH NANDI,
AGED ABOUT 40 YEARS,
R/AT 404, SAI DEEP HIGHRU APARTMENT,
KAGGADASAPURA, VIJNANA NAGAR,
BENGALURU -560 047.
...PETITIONER
(BY SMT.SHIVAMMA.D., ADVOCATE FOR
SRI. M KRISHNE GOWDA., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
STATE BY VIVEKNAGAR PS,
RPTD BY STATE PUBLIC PROSECUTOR,
Digitally signed HIGH COURT OF KARNATAKA,
by KAVYA R BANGALORE - 560 001.
Location: High
Court of
Karnataka 2. ANIL KUMAR GS,
VIVEKNAGAR POLICE STATION,
VIVEKNAGAR,
BANGALORE - 560 047.
...RESPONDENTS
(BY SMT.N.ANITHA GIRISH., HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS)
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
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CRL.P No. 14052 of 2024
THAT THIS HONOURABLE COURT MAY BE PLEASED TO ORDER
OF BAIL ENLARGING THE PETITIONER IN CRIME NO.24/2024
OF VIVEKNAGAR POLICE NOW IN SPL.C.NO.760/2024 PENDING
BEFORE THE HONBLE ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU FTSC IV FOR THE OFFENCE P/US/ 376,
109, 370, 370-A OF IPC U/S.5(L), 6, 17 OF POCSO ACT 2012
U/S.3, 4, 5, 7(1), 7(1)(a) OF IMMORAL TRAFFIC PREVENTION
ACT 1956.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Spl.C.No.760/2024 pending before
the Court of Additional City Civil and Sessions Judge,
FTSC-IV, Bengaluru, arising out of Crime No.24/2024
registered by Viveknagar Police Station, Bengaluru City for
the offences punishable under Sections 376, 109, 370 and
370(A) of IPC, Sections 5(L), 6 and 17 of the Protection of
Children from Sexual Offenses Act, 2012 (for short ‘POCSO
Act‘) and Sections 3, 4, 5, 7(1), 7(1)(A) of the Immoral
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CRL.P No. 14052 of 2024
Traffic Prevention Act, 1956, is before this Court under
Section 439 of Cr.PC seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.24/2024 was registered by
Viveknagar Police Station, Bengaluru City, against Munna
Suravra and others for the aforesaid offences, on the basis
of the first information dated 04.02.2024 received from
respondent No.2 who was the Inspector of Police attached
to Viveknagar Police Station, Bengaluru City.
4. During the course of investigation of the case,
petitioner herein who is arraigned as accused No.2 in the
FIR was arrested on 04.02.2025 and remanded to judicial
custody. Bail application filed by the petitioner before the
Jurisdictional Sessions Court in Crl.Misc.No.10515/2024
was rejected on 7th December, 2024. Therefore, he is
before this Court.
5. Learned Counsel for the petitioner submits that
accused Nos.1 and 3 have been granted regular bail by
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CRL.P No. 14052 of 2024
this Court in Crl.P.No.11799/2024. Allegation against the
petitioner is that he had leased his property to the other
accused persons and the said property was used for the
purpose of committing the alleged crime. Petitioner has no
other criminal antecedents. Victim girls are already
examined before the Trial Court as P.W.1 and P.W.2.
Accordingly, he prays to allow this petition.
6. Per contra, learned HCGP has opposed this
petition. She submits that allegations against the
petitioners are serious and therefore his prayer needs to
be rejected.
7. Material on record would go to show that based
on credible information received on 04.02.2024 a raid was
conducted to the premises in which illegal business of
prostitution was being conducted by accused Nos.1 and 3
and the alleged victims were rescued from the said
premises and accused Nos.1 to 5 were arrested and
subsequently, remanded to judicial custody. Investigation
of the case was completed and chargesheet has been filed
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CRL.P No. 14052 of 2024
against five persons. Petitioner is arraigned as accused
No.2 in the chargesheet. Allegation against the petitioner
herein in the chargesheet is that he is owner of the
premises in which the raid was conducted and the said
premises was used for the purpose of carrying on the
illegal activity of prostitution by all the accused persons.
Allegation against accused Nos.1 and 3 is that they had
induced the victim girls with the assurance that they would
provide employment in beauty parlour and they had
brought the victim girls to Bengaluru from Bangladesh and
thereafter, the victim girls were used for the purpose of
illegal activities of prostitution. Accused Nos.1 and 3 have
granted regular bail by this Court in Crl.P.No.11799/2024.
It is not in dispute that petitioner who has no other
criminal antecedents is in custody for the last more than
one year. The alleged victims have been already examined
before the Trial Court as P.W.1 and P.W.2 and therefore,
there cannot be any apprehension that the material
chargesheet witnesses may be tampered. Accused Nos.4
and 5 have been granted regular bail by the Trial Court.
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CRL.P No. 14052 of 2024
Under the circumstances, I am of the view that the prayer
made by the petitioner for grant of regular bail needs to
be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in
Spl.C.No.760/2024 pending before the Court of Additional
City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising
out of Crime No.24/2024 registered by Viveknagar Police
Station, Bengaluru City for the offences punishable under
Sections 376, 109, 370 and 370(A) of IPC, Sections 5(L),
6 and 17 of the Protection of Children from Sexual
Offenses Act, 2012 (for short ‘POCSO Act‘) and Sections 3,
4, 5, 7(1), 7(1)(A) of the Immoral Traffic Prevention Act,
1956, subject to the following conditions:
a) The petitioner shall execute 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;
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CRL.P No. 14052 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 involve in
similar offences in future;
e) 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/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 45