Mr. Mohammed Javahir Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDR SECTION 438 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN C.C.NO.22810/2015 (CR.NO.255/2015) OF RESPONDENT KORAMANGALA POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER

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NC: 2025:KHC:40077 CRL.P No. 13119 of 2025

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HC-KAR

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SECTIONS 3, 4, 5 AND 7 OF IMMORAL TRAFFIC PREVENTION ACT, 1956 AND SECTION 370 OF INDIAN PENAL CODE, PENDING ON THE FILE OF THE XXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU AND DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER WHO IS INVESTIGATING IN THIS MATTER TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN THE ABOVE CASE.

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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 accused No.4 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of anticipatory bail registered in Crime No.255/2015 of Koramangala Police Station registered for the offences punishable under Sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act, 1956 and Section 370 of Indian Penal Code pending on the file of XXXIX Additional Chief Judicial Magistrate, Bengaluru.

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HC-KAR

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Heard learned counsel petitioner and learned

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Additional Special Public Prosecutor for respondent.

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Learned counsel for petitioner would contend

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that, the petitioner was not aware of the pendency of the case against him and he has not received any notice, summons or warrant. The petitioner has been implicated only on the Rental Agreement in the name of the petitioner/accused No.4 of the building which is used by other accused to run brothel. He further submits that, the petitioner is a businessman residing in Chennai and he is a Income Tax assessee. The petitioner came to know about the case recently during August, 2025 and immediately he has filed anticipatory bail petition. The petitioner is ready to appear in the said criminal case registered against him and cooperate with speedy disposal of the case. With these, hey prayed to allow the petition.

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Per contra, learned Additional Special Public

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Prosecutor would contend that, the case registered against the petitioner is of the year 2015 and the petitioner has

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absconded for last ten years. He has not been secured even inspite of issue of NBW, proclamation and attachment warrant. With these, she prayed for rejection of the petition.

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Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record.

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On perusal of the charge sheet, the accusation leveled against the petitioner is that, he had taken a Building for rent in which, the other accused were running brothel. In the charge sheet, the petitioner has shown to be residing in Chennai. As the petitioner has not appeared in the original case, separate charge sheet has been registered against him and it is registered in C.C.No.22810/2015 and now, it is pending on the file of XXXIX Additional Chief Judicial Magistrate, Bengaluru. The offences alleged against the petitioner are not punishable with imprisonment for life . The petitioner has undertaken

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to appear in the criminal case which is registered against

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him and cooperate for speedy disposal.

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Considering the above said aspects, the

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petitioner has made out a case for grant of anticipatory bail with conditions. In the result, I pass the following:

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ORDER

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Criminal Petition is allowed . The petitioner is

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granted anticipatory bail and is ordered to be released on bail in the event of his arrest in Crime No.255/2015 of Koramangala Police Station, 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 likesum to the satisfaction of the Trial Court.

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ii) The petitioner shall voluntarily appear before the Jurisdictional Court within 10 days from this day and execute bail bond and furnish surety.

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HC-KAR

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iii) The petitioner shall cooperate with the Police in investigation and make himself available for interrogation whenever required.

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iv) The petitioner shall not tamper with the prosecution witnesses.

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

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 30 CT: BHK

Mr. Mohammed Javahir v. State of Karnataka

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Mr. Mohammed Javahir v. State of Karnataka

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