Karnataka High Court
Sri.Neethu Kaur vs State Ofkarnataka By on 17 December, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 12722 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12722 OF 2024
BETWEEN:
SRI.NEETHU KAUR,
W/O ISMAIL KHAN,
AGED ABOUT 32 YEARS,
R/AT NO. 90, 2ND FLOOR,
10TH CROSS, ANEPALYA,
BENGALURU - 560 060.
...PETITIONER
(BY SRI. MANJUNATH B R.,ADVOCATE)
AND:
1. STATE OFKARNATAKA BY
ASHOK NAGAR POLICE
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally
signed by BANGALORE - 560 001.
NANDINI MS
Location: High
Court of
Karnataka 2. MR CHANDRAPA BARKI,
POLICE INSPECTOR,
CCB, WOMEN SAFETY WING,
N T PET, BANGALORE - 560 002.
...RESPONDENTS
(BY SRI.K.RAHUL RAI., ADVOCATE)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER ON BAIL IN SPL.S.C.NO.1497/2024
(CR.NO.203/2024) OF ASHOK NAGAR P.S. REGISTERED FOR
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CRL.P No. 12722 of 2024
THE OFFENCE P/U/S 3(1), 3(2B), 4, 5 OF IMMORAL TRAFFIC
PREVENTION ACT AND SEC.370(4), 376(2)(n), 376(3), 109 OF
IPC AND SEC.4(2), 5(1), 6, 16 OF POCSO ACT PENDING ON
THE FILE OF THE HONBLE FTSC-IV ADDL.DIST AND SESSIONS
JUDGE AT BENGALURU.
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.4 in Spl.C.C.No.1497/2024 pending
before the Court of Addl. District and Sessions Judge,
FTSC-IV Bengaluru, arising out of Crime No.203/2024
registered by Ashoknagar Police Station, Bengaluru City,
for the offences punishable under Sections 3(1), 3(2B), 4,
5 of Immoral Traffic Prevention Act, 1956, Sections
370(4), 376(2)(n), 376(3), 109 of IPC and Sections 4(2),
5(l), 6, 16 of the Protection of Children from Sexual
Offences Act, 2012 (for short, ‘POCSO Act‘) is before this
Court under Section 439 of Cr.P.C., seeking regular bail.
2. Heard the learned counsel appearing for the
parties.
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3. FIR in Crime No.203/2024 was registered by
Ashoknagar Police Station, Bengaluru City, initially for the
offences punishable under Sections 3, 4 & 5 of Immoral
Traffic Prevention Act, 1956 and Sections 370, 370(2) of
IPC against Parimaldas and others, on the basis of the first
information dated 20.06.2024 received from Chandrappa
Barki, Police officer attached to CCB wing, Bengaluru.
4. During the course of investigation of the case,
the petitioner herein was arrested on 21.09.2024 and
subsequently remanded to judicial custody. Investigation
of the case is completed and charge sheet has been filed
as against four persons for the aforesaid offences.
Petitioner is arrayed as accused No.4 in the charge sheet.
Bail application filed by the petitioner before the Trial
Court in Crl.Misc.No.9065/2024 was rejected on
24.10.2024. Therefore, she is before this Court.
5. Learned Counsel for the petitioner submits that
petitioner is a married lady having no criminal
antecedents. She is none other than the maternal aunt of
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the victim girl. Petitioner has been falsely implicated in the
present case. Investigation of the case is completed and
charge sheet has been filed. Accordingly, he prays to allow
this petition.
6. Per contra, learned HCGP has opposed the
petition.
7. Perusal of the first information would reveal
that on the basis of credible information, a raid was
conducted to a premises situated within the jurisdiction of
Ashoknagar Police Station, Bengaluru and accused Nos.1
to 3 were apprehended in the said premises and C.W-10
and C.W-11 who are the victims were rescued. C.W-11 is
said to be a minor. During the course of investigation,
petitioner herein was arrested on 21.09.2024. Allegation
against the petitioner is that petitioner had induced the
victim girl who had abandoned her house in Panjab and
had brought her to Bengaluru and had left her in the
house of accused No.2, who had used the services of C.W-
11 for her illegal activities of prostitution. Immediately
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after C.W-11 was rescued, her statement was recorded by
the police and she has stated that she had come to the
house of the petitioner at Bengaluru, during her school
holidays and the petitioner was the younger sister of her
mother. She has stated that she was introduced to one
lady known as Pooja and she had pushed her to the illegal
business of prostitution.
8. Perusal of the material on record would go to
show that victim girl was in love with the boy known as
Sandeep Singh @ deep and she had eloped with him from
her house at Panjab. Her parents had given a police
complaint and in the said case Sandeep Singh @ deep was
arrested, but the where abouts of the victim girl were not
known. Subsequently, on 21.06.2024 parents of the victim
girl received a phone call from a Bengaluru Police who
informed them that victim girl was in custody of the
petitioner and she had left her in the house of the other
accused for the purpose of illegal activities of prostitution.
Parents of the victim girl have not acknowledged their
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relationship with the petitioner, while the victim girl has
stated that petitioner is the younger sister of her mother,
and she has married a Muslim.
9. Petitioner who is married lady aged about 29
years is in custody from 21.09.2024. Investigation of the
case is completed and charge sheet has been filed.
Accused Nos.2 and 3 have been granted regular bail by
this Court in Crl.P.No.12069/2024 disposed off on
27.11.2024. Considering the nature of allegations found
against the petitioner in the charge sheet and also having
regard to the proviso to Section 437(1) of Cr.PC, I am of
the opinion 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.C.No.1497/2024 pending before the Court of Addl.
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CRL.P No. 12722 of 2024District and Sessions Judge, FTSC-IV Bengaluru, arising
out of Crime No.203/2024 registered by Ashoknagar Police
Station, Bengaluru City, for the offences punishable under
Sections 3(1), 3(2B), 4 & 5 of Immoral Traffic Prevention
Act, 1956, Sections 370(4), 376(2)(n), 376(3), 109 of IPC
and Sections 4(2), 5(l), 6 & 16 of the Protection of
Children from Sexual Offences Act, 2012, 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;
b) The petitioner shall appear regularly
on all the dates of hearing before the Trial
Court unless the Trial Court exempts her
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;
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e) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against her is disposed off.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 41