Allowed

Mohammed Shabbir Majumdar@ Shabbir v. the State of Karnataka

Karnataka HC21 Nov 2024CRL.P/9788/2024

Case brief

AI extract

What is this about?

Regular bail sought by the accused in a POCSO case arising from a missing-person FIR. The victim's statements to the doctor and Magistrate indicated she left home voluntarily with the petitioner and alleged no sexual assault. With investigation complete, no criminal antecedents, and trial not commenced, bail was granted subject to conditions.

What did the court decide?

Petitioner enlarged on bail on executing personal bond of Rs.1,00,000 with two sureties (one local), subject to conditions on attendance, non-tampering, and travel restrictions.

Mohammed Shabbir Majumdar@ Shabbir Vs the… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:47380 CRL.P No. 9788 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 9788 OF 2024

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BETWEEN:

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MOHAMMED SHABBIR MAJUMDAR@ SHABBIR S/O MOHAMMED MANIKUDDIN MAJUMDAR AGED ABOUT 26 YEARS C/O. PRASANNA REDDY NEAR NATURE DRY FOOD FACTORY HUSKURU, BENGALURU - 560 100.

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…PETITIONER

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(BY SRI NATARAJU T, ADV.)

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AND:

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THE STATE OF KARNATAKA

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ELECTRONIC CITY POLICE STATION BENGALURU, REPRESENTED BY S.P.P. HIGH COURT BUILDING BENGALURU - 560 001.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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…RESPONDENTS

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(BY SRI RAHUL RAI K, HCGP FOR R-1;

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R-2 SERVED & UNREPRESENTED)

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THIS CRL.P IS FILED U/S.439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.235/2024 REGISTERED BY THE ELECTRONIC CITY POLICE, WHICH IS PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JDUGE FTSC-II, BENGALURU RURAL DISTRICT, BENGALURU, FOR THE OFFENCES P/U/S 363,376(2)(n) OF IPC, SEC. 4(ii) AND 5(L) OF POCSO ACT.

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

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NC: 2024:KHC:47380 CRL.P No. 9788 of 2024

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Special Case No.235/2024 pending before the Court of Addl. District and Sessions Judge FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.390/2023 registered by Electronic City Police Station, Bengaluru, for the offences punishable under Sections 376(2)(n) and 363 of IPC and Sections 4(ii), 5(L) of Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court.

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FIR in Crime No.390/2023 was registered by Electronic City Police Station, Bengaluru, initially for the offence punishable under Section 363 of IPC against unknown persons on the basis of the first information dated 21.11.2023 received from respondent No.2, who is the father of the victim girl. During the course of investigation, victim girl and the petitioner

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3 - NC: 2024:KHC:47380 CRL.P No. 9788 of 2024

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were traced together. Petitioner was arrested on 23.12.2023 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1344/2024 was dismissed on 11.07.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a youngster having no criminal antecedents. The victim girl, aged about 17 years, has not made any allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C. before the jurisdictional Magistrate. The material on record would go to show that petitioner and the victim girl were in love. Petitioner is in custody for the last nearly 11 months. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition.

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First informant had approached the police on 21.11.2023 after his minor daughter who is the alleged victim in the present case was found missing from his house. Efforts made

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NC: 2024:KHC:47380 CRL.P No. 9788 of 2024

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to trace the victim girl had failed and therefore, first informant had approached the police. During the course of investigation, petitioner and the victim girl were traced and brought back. Petitioner was arrested in the present case on 23.12.2023 and remanded to judicial custody. The victim girl was thereafter subjected to medical examination and her statement under Section 164 of Cr.P.C. was also recorded.

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A perusal of the statement made by the victim girl before the Doctor, who medically examined her and also before the Magistrate, who has recorded her statement under Section 164 of Cr.P.C., would go to show that she and the petitioner were in love. She has stated before the Magistrate that on 21.11.2023, she had voluntarily left her house and traveled with the petitioner to Chandapura and stayed in his friends house for a period of 10 days. Thereafter, they had gone to Tamilnadu and stayed in a rented house. Subsequently, they returned to Bengaluru and had rented a premises at Bengaluru and stayed there till 22.12.2023 and on 22.12.2023, police had apprehended and brought them to the police station. She has not made any allegation of any kind of sexual assault by the petitioner, while she was with him from 21.11.2023 till

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5 - NC: 2024:KHC:47380 CRL.P No. 9788 of 2024

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22.12.2023. Petitioner who has no criminal antecedents is in custody from 23.12.2023. Investigation in the case is completed. The trial in the case is yet to commence. The prosecution in all has cited 23 charge sheet witnesses in the present case. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for regular bail requires to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.235/2024 pending before the Court of Addl. District and Sessions Judge FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.390/2023 registered by Electronic City Police Station, Bengaluru, for the offences punishable under Sections 376(2)(n) and 363 of IPC and Sections 4(ii), 5(L) of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court;

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NC: 2024:KHC:47380 CRL.P No. 9788 of 2024

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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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 him is disposed off.

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SD/(S VISHWAJITH SHETTY) JUDGE

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Mohammed Shabbir Majumdar@ Shabbir v. the State of Karnataka

Case brief

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Mohammed Shabbir Majumdar@ Shabbir v. the State of Karnataka

Case brief

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