Allowed

Nijamuddin v. State of Karnataka

Karnataka HC2 Nov 2023CRL.P/7350/2023

Case brief

AI extract

What is this about?

High Court allowed bail to the first petitioner in a case involving prostitution offenses. The court found the investigation complete and noted the petitioner had no criminal antecedents, granting bail subject to conditions including personal bond, court appearance, and avoiding the jurisdiction.

What did the court decide?

Petitioner No.1 enlarged on bail to the sum of Rs. 1,00,000/- with one local surety, subject to conditions of court appearance and non-leave of jurisdiction.

Nijamuddin Vs State of Karnataka — Bail and Remand | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:38736 CRL.P No. 7350 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 2^ND DAY OF NOVEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶7

CRIMINAL PETITION NO. 7350 OF 2023

¶8

BETWEEN:

¶9

NIJAMUDDIN AGED ABOUT 26 YEARS S/O NURULLA ISLAM GAZI AT ITTINDA VILLAGE ITTINDA POST POSSESSION-BASHRIHAT NORTH 24 PARAGAN DISTRICT WEST BENGAL-7743432.

¶10

Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

¶11

IMRAN SHAK AGED ABOUT 33 YEARS S/O ABDUL HAQUE AT PANDITJEE COLONY DHANAYAKURIA NORTH 24 PARAGAN DISTRICT WEST BENGAL-743437.

¶12

ALAMIN GAZI S/O MODIN GAZI AGED ABOUT 22 YEARS AT ITTNDA VILLAGE ITTINDA POST POSSESSION-BASRIHAT NORTH 24 PARGAN DISTRICT WEST BENGAL-7743432.

¶13

…PETITIONERS

¶14

(BY SRI ABISHEK N.N., ADVOCATE)

¶15

¶16

NC: 2023:KHC:38736 CRL.P No. 7350 of 2023

¶17

AND:

¶18

STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION BENGALURU DISTRICT-560001 REPRESENTED BY SPP HIGH COURT COMPLEX BENGALUR-560 001.

¶19

…RESPONDENT

¶20

(BY SRI RAHUL RAI K., HCGP)

¶21

THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.144/2023 DATED 01.07.2023 PENDING AT HONBLE CHIEF JUDICIAL MAGISTRATE (CJM), BENGALURU RURAL DISTRICT BENGALURU, FOR THE OFFENCE P/U/S.370 OF IPC AND SEC.153, 456 OF IMMORAL TRAFFIC PREVENTION ACT, REGISTERED BY THE ELECTRONIC CITY POLICE STATION, BENGALURU THAT IS FIR AND COMPLAINT.

¶22

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

¶23

ORDER

¶24

Learned counsel for the petitioners at the inception submits that the petition may be dismissed as withdrawn, insofar as it relates to petitioner Nos.2 and 3 are concerned with liberty to file a fresh petition, if need arises. The submission is placed on record. Accordingly, the petition is dismissed as withdrawn, insofar as it relates to petitioner Nos.2 and 3 with liberty as prayed for.

¶25

3 - NC: 2023:KHC:38736 CRL.P No. 7350 of 2023

¶26

The petitioner No.1 is accused No.1 in Crime No.144/2023 registered by Electronic City Police Station, Electronic City Sub-Division, Bengaluru City for the offences punishable under Sections 370 of IPC and Sections 3, 4, 5, 6 and 7 of Immoral Traffic Prevention Act, 1956.

¶27

It is the case of the prosecution that the complainant Nanjegowda S., Police Officer, Electronic City Police Station on credible information had raided an apartment situated at Green House Layout, Doddathoguru, Electronic City on 01.07.2023 and had apprehended the accused persons and also rescued the victim girls, who were found in the apartment. Thereafter, rescued girls were brought to police station and on the basis of the complaint, FIR in Crime No.144/2023 was registered against the petitioners for the aforesaid offences. The investigation in the case is complete and charge-sheet has been filed.

¶28

¶29

NC: 2023:KHC:38736 CRL.P No. 7350 of 2023

¶30

The petition filed by the petitioner seeking bail before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in Crl.Misc.No.1401/2023 was rejected on 21.07.2023. Therefore, the petitioners are before this Court.

¶31

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner No.1 is in judicial custody from 10.07.2023 onwards and investigation in the case is complete and charge-sheet has been filed. Accordingly, he prays for allowing the petition.

¶32

Per contra, learned HCGP has opposed the bail application.

¶33

On 01.07.2023, based on credible information,

¶34

raid was conducted to an apartment situated at Green House Layout, Doddathoguru, Electronic City, Bengaluru. The informant and his staff had apprehended three persons found in the apartment, who were allegedly running prostitution illegally in the apartment. The

¶35

5 - NC: 2023:KHC:38736 CRL.P No. 7350 of 2023

¶36

material on record would also go to show that the raiding party had also rescued seven girls, who were found in the apartment. The investigation in the case is complete and charge-sheet has been filed against the accused persons for the aforesaid offences. The petitioner No.1 is a resident of West Bengal. The submission made by the learned counsel for the petitioners that he has no criminal antecedents is not disputed by the learned HCGP. The alleged offences for which charge-sheet has been filed against the accused persons are not punishable with death or life imprisonment. Under these circumstances, I am of the view that, petitioner No.1 has made out a prima facie case for grant of regular bail. Accordingly, I proceed to pass the following:

¶37

ORDER

¶38

The petition is allowed. The petitioner No.1 is

¶39

directed to be enlarged on bail in Crime No.144/2023 of Electronic City Police Station registered for the offences punishable under Sections 370 of IPC and Sections 3, 4, 5,

¶40

¶41

NC: 2023:KHC:38736 CRL.P No. 7350 of 2023

¶42

6 and 7 of Immoral Traffic Prevention Act, 1956, subject

¶43

to the following conditions:

¶44

a) The petitioner No.1 shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with one local surety for the likesum, to the satisfaction of the jurisdictional Court;

¶45

b) The petitioner No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

¶46

c) The petitioner No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶47

d) The petitioner No.1 shall not involve in similar offences in future;

¶48

e) The petitioner No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

¶49

List No.: 1 Sl No.: 43

¶50

Sd/JUDGE

¶51

Nijamuddin v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Nijamuddin v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Samiulla Vs State of Karnataka

Mr. Mahammad Suhel Vs the State by

Sheeraram @ Suresha Vs State of Karnataka by

Sri. Charan Kumar B.B. Vs State by Kodagu Cen Crime Police Station

Priyonath Barman Vs State of Karnataka

Venkatesh Vs the State Represented Women Police Station