Wahid Pasha Vs State of Karnataka by

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.1735/2025 (CRIME NO.234/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(m), 65(1), 87, 127(2) OF BNS AND UNDER SECTION 6 OF POCSO ACT, PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSONS JUDGE, FTSC-V AT BENGALURU.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under

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Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C.No.1735/2025 (Crime No.234/2025 of Chandra Layout Police Station) registered for offences punishable under Sections 64(2)(m), 65(1), 87 and 127(2) of Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences

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NC: 2025:KHC:46017 CRL.P No. 12567 of 2025

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HC-KAR

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Act, pending on the file of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru.

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Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent

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No.1 - State and learned counsel for responded No.2.

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Learned counsel for petitioner would contend

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that, the victim girl has been examined as P.W.2 and respondent No.2 - complainant who is the mother of victim girl has been examined as P.W.1, they have turned hostile and not supported the case of the prosecution. The petitioner is in judicial custody since 09.06.2025. Therefore, he is not required for custodial interrogation. He further submits that, there is a settlement between the petitioner, respondent No.2 and the victim girl. Under the said settlement, the petitioner has agreed to marry the victim girl after she attains the age of majority. With these, he prayed to allow the petition.

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NC: 2025:KHC:46017 CRL.P No. 12567 of 2025

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HC-KAR

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Learned counsel for respondent No.2 submits

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that, respondent No.2 has no objection for grant of bail to the petitioner. He further submits that, there is a settlement between the petitioner and respondent No.2, wherein the petitioner and his family members have agreed for marriage of the petitioner with respondent No.2 - victim girl after she attains the age of majority.

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Learned High Court Government Pleader would

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contend that, the charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. P.W.1 - the complainant and P.W.2 - the victim girl are examined and they have not supported the case of the prosecution. If the petitioner is granted bail at this stage, he will flee from justice and not available for trial. With these, she prayed for dismissal of the petition.

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Having heard the learned counsels appearing

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for parties, the Court has perused the charge sheet and other materials placed on record.

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5 - NC: 2025:KHC:46017 CRL.P No. 12567 of 2025

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HC-KAR

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As per charge sheet, the accusation against the

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petitioner is that, he came in contact with the victim girl and he took the victim girl to a cinema. Subsequently, he took her to a lodge on two dates and had sexual intercourse on her. C.W.1 is the mother of the victim girl and she has filed a complaint. She has been examined as P.W.1 and she has not supported the case of the prosecution and she has been treated as hostile. C.W.2 is the victim girl and she has been examined as P.W.2 and she has also not supported the case of the prosecution and she has been treated as hostile. The material witnesses are already examined. The petitioner is in judicial custody since 09.06.2025. There are no criminal antecedents of the petitioner. On the basis of submissions of learned counsel for petitioner and learned counsel for respondent No.2, there is a settlement between the petitioner, respondent No.2 and the victim girl and the petitioner has

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6 - NC: 2025:KHC:46017 CRL.P No. 12567 of 2025

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HC-KAR

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agreed to marry the victim girl after she attains the age of majority.

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8. Considering all the above aspects, the petitioner

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has made out a case for grant of bail with conditions. In the result, the following;

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ORDER

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The Criminal Petition is allowed . The petitioner is granted bail in Spl.C.No.1735/2025 (Crime No.234/2025 of Chandra Layout Police Station) pending on the file of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, subject to following conditions:

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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.

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ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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NC: 2025:KHC:46017 CRL.P No. 12567 of 2025

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HC-KAR

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iii) The petitioner shall appear before the trial Court on all the dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 8

Wahid Pasha v. State of Karnataka by

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Wahid Pasha v. State of Karnataka by

Case brief

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