IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12823 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

1. ABUL HUSSAIN CHOWDARY S/O BASHERUDDIN, AGED ABOUT 34 YEARS, R/AT: NEAR J.D.MARA SLUM, N.S.PALYA, MICO LAYOUT, B.G.ROAD, BENGALURU CITY.

PERMANENT ADDRESS:

NO.748, MANGALPUR, BARTAL POST, LALA THANA, HAILAKUNDI DISTRICT, ASSAM STATE - 788 163.

…PETITIONER (BY SRI. RAKSHITH R., ADVOCATE)

Digitally signed by AND:

LAKSHMINARAY ANA MURTHY RAJASHRI Location: HIGH COURT OF 1. STATE OF KARNATAKA KARNATAKA STATE BY HULIMAVU POLICE STATION, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

2. MANOJ KUMAR TIWARI S/O GOPAL KRISHNA TIWARI, AGED ABOUT 47 YEARS, R/A NO.002, KUTEER BLISS APTS.

OFF: B.G. ROAD, BENGALURU CITY, KARNATAKA - 560 076.

…RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;

R2 - SERVED BUT UNREPRSENTED)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.364/2017 OF HULIMAVU POLICE STATION, PENDING BEFORE THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (FTSC-1) AT BENGALURU IN SPL.C.NO.198/2018 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 354 OF IPC AND SECTIONS 9 AND 10 OF POCSO ACT.

THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by sole accused under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C.No.198/2018, pending on the file of Additional District and Sessions Judge, FTSC-I, Benglauru (arising out of Crime No.364/2017 of Hulimavu Police Station) registered for offences punishable under Sections 354 of Indian Penal Code and Sections 9 and 10 of Protection of Children from Sexual Offences Act.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State. Inspite of service of notice to respondent No.2, he remained absent and unrepresented.

3. The case has been registered against the petitioner in Crime No.364/2017 of Hulimavu Police Station for offences punishable under Sections 8 of POCSO Act and Section 354 of IPC. The petitioner has been granted bail by order dated 17.03.2018. The petitioner could not appear thereafter. The petitioner was in custody in C.C.No.36734/2022 and at that time, he was secured under body warrant. After being released in the said case, NBW issued against the petitioner has been executed and he has been produced on 24.03.2025 and he is in judicial custody from that day. At the time of grant of bail earlier, as per condition, the petitioner has executed a bail bond for a sum of Rs.1,00,000/-. In view of the petitioner jumping the bail and violating the bail conditions, the said bond executed by the petitioner for a sum of Rs.1,00,000/- is deemed to have been forfeited. On behalf of the petitioner, the said bond amount of Rs.1,00,000/- has been deposited before the trial Court on 17.11.2025. The trial Court has to appropriate the said amount deposited by the petitioner towards the State with regard to forfeited bond amount. Thereafter, the petitioner has now undertaken to appear before the Special Court on all dates of hearing and cooperate for speedy disposal of the case.

4. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted bail in Spl.C.No.198/2018, pending on the file of Additional District and Sessions Judge, FTSC-I, Benglauru (arising out of Crime No.364/2017 of Hulimavu Police Station), subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.

ii) The petitioner shall not tamper the prosecution witne