Sukla Vs State by Chikkjala Ps

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.08/2025 PENDING ON THE FILE OF ADDL. CITY CIVIL AND SESSINOS JUDGE, FTSC-1, BENGALURU REGISTERED FOR THE OFFENCE IN THE CR.NO.0213/2024 FOR THE OFFENCE P/U/S 3, 4, 5 ITP ACT, 143(2), 143(3) BNS 2023, 4, 6, 8 OF THE POCSO ACT AND SEC. 3(1)(w)(i)(ii) OF SC AND ST ACT, 1989 BY CHIKKAJAL POLICE STATION, BENGALURU AND ETC.

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IN CRL.P NO. 4631/2025

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BETWEEN:

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YUGAL KISHORE DEVANGAN @ CHOTU S/O MUKESH AGED ABOUT 24 YEARS RESIDING AT C/O MUNIYAPPA HOUSE, DODDAUNNASANDRA, BALYAMMA LAYOUT, DEVANAGUDI POST, HOSAKOTE, BENGALURU RURAL DISTRICT - 562 114. (NOW IN JUDICIAL CUSTODY)

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...PETITIONER

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(BY SRI. SATYANARAYANA CHALKE S.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION, BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560 001.

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SOWMYA N., POLICE INSPECTOR,

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3 -

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NC: 2025:KHC:17085 CRL.P No. 4847 of 2025 C/W CRL.P No. 4631 of 2025

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CCB POLICE STATION, SHANTHINAGAR, BENGALURU -560 027.

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...RESPONDENTS

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(BY SMT. PUSHPALATHA B., ADDL. SPP FOR R1;

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NOTICE TO R2 HELD SUFFICIENT, V/O. DATED 25.04.2025)

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THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION AND RELEASE THE APPELLANT/ ACCUSED NO. 7 ON BAIL IN SPL. C.C. NO. 8/2025 (ARISING OUT OF CRIME NO. 213/2024) OF CHIKKAJALA POLICE STATION FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTION 143(2), 143(3) OF THE BHARATIYA NYAYA SANHITA, SECTION 4, 8,6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, SECTION 3, 4 AND 5 OF IMMORAL TRAFFIC PREVENTION ACT AND SECTION 3(1)(w)(i) (ii) OF SC AND ST (PREVENTION OF ATROCITIES) ACT PENDING ON THE FILE OF HONBLE FAST TRACK COURT -I AT BENGALURU.

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

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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COMMON ORAL ORDER

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Accused Nos. 7 and 9 in Spl.C.No.8/2025 pending before the Court of Additional City Civil and Sessions Judge, FTSC-I Bengaluru, arising out of Crime No.213/2024 registered by Chikkajala Police Station, Bengaluru, for offences punishable under Sections 143(2), 143(3) of The Bharatiya Nyaya Sanhita (for short 'BNS') Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO

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Act') and Section 3, 4 and 5 of Immoral Traffic Prevention Act and Sections 3(1)(W)(i) (ii) Of SC And ST (Prevention Of Atrocities) Act, are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.

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Heard learned counsel for the petitioners and learned Additional SPP for respondent Nos.1 and 2. The parents/guardian of the minor victim girl though served in this matter, has remained unrepresented before this Court.

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FIR in Crime No.213/2024 was registered by Chikkajala Police Station, Bengaluru against Gopalareddy for the aforesaid offences, on the basis of the first information dated 25.10.2024 received from respondent No.2, who is a police officer attached to CCB-Bengaluru.

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During the course of investigation of the case, accused No.7 was arrested on 18.12.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against eight persons for the aforesaid offences and in the charge sheet accused No.9 is shown as absconding. Subsequently, accused No.9 was

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arrested on 27.02.2025 and remanded to judicial custody. Bail application filed by the petitioners in Crl.Misc.No.823/2025 and Crl.Misc.No.1999/2025 before the Jurisdictional Sessions Court was rejected on 07.02.2025 and 19.03.2025 respectively. Therefore, the petitioners are before this Court.

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Learned counsel for the petitioners submits that, petitioners do not have any criminal antecedents. Accused No.1 has been released on bail by the co-ordinate Bench of this Court in Crl.P.5703/2025. Proceedings as against accused Nos. 2 to 5 has been stayed by this Court. In the charge sheet, accused No.6 has been dropped. Even petitioners have not been served with the grounds of arrest in the present case. Victim girl was a stranger to the petitioners and therefore, it cannot be said with the petitioners knew that victim girl was a minor. Accordingly, they pray to allow the petitions.

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Per contra , learned Additional SPP has opposed the petition. She submits that in the charge sheet it is alleged that petitioners herein have trafficked the minor victim girl and had handed over her to accused No.1, who has used the victim girl for his illegal business of prostitution. Considering the gravity of

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allegations found against the petitioners, their prayer needs to be rejected. Accordingly, she prays to dismiss the petitions.

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FIR in the present case was registered initially against accused No.1-Gopalareddy, after a raid was conducted to a hotel owned by accused No.6. Accused No.5 is said to be the manager of the said hotel. Accused Nos. 2 to 4 are said to be the customers and accused No.1 had allegedly sent the victim girl to the room of accused Nos. 2 to 4.

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In the charge sheet it is alleged that, accused No.7 had promised to marry the victim girl and therefore, she had left her house and stayed with accused No.7 who had sexual intercourse with her and thereafter handed over her to accused No.8. It is further alleged that, accused No.8 also had made promises to the victim girl and had sexual intercourse with her and subsequently, he had handed over the victim girl to accused No.9 after receiving money from her. Accused No.9 inturn allegedly had handed over the victim girl to accused No.1, who is a person allegedly involved in carrying on illegal activities of prostitution in Bengaluru. It is further alleged that in the hotel belonging to accused No.6 in which accused No.5 was working as a manager, accused No.1 had sent the victim

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girl to the room in which accused Nos. 2 to 4 were staying and they allegedly had misbehaved with the victim girl. It is not in dispute that accused Nos. 7 and 9 do not have any criminal antecedents. According to the prosecution, the victim girl was aged about 17 years.

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From a perusal of the charge sheet material, it appears that victim was a stranger to accused Nos. 7 to 9. There is nothing on record to show that the petitioners herein or the other accused were aware that the victim girl was a minor. Accused No.1 has been released on bail by the coordinate Bench of this Court in Crl.P.5703/2025 on the ground that grounds of arrest has not been served at the time of his arrest. In the charge sheet, there is allegation even as against accused No.1 about committing sexual assault on the victim girl. The remand application of the petitioners herein and also the Order sheet of the Trial Court do not reflect that the grounds of arrest was served even on the petitioners herein when they were arrested. Proceedings as against accused Nos. 2 to 4 has been stayed by the Co-ordinate Bench of this Court in W.P.No.6512/2025 and it is stated that even as against accused No.5, who is the manager of the hotel, proceedings

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have been stayed by the Co-ordinate Bench of this Court. Accused No.9 is a lady, who has no other criminal antecedents. Even accused No.7 has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petitions are allowed.

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The petitioner is directed to be enlarged on bail in Crime No.213/2024 registered by Chikkajala Police Station, Bengaluru, for offences punishable under Sections 143(2), 143(3) of BNS, Sections 4, 6 and 8 of POCSO Act and Section 3, 4 and 5 of Immoral Traffic Prevention Act and Sections 3(1)(W)(i) (ii) Of SC And ST (Prevention Of Atrocities) Act, subject to the following conditions:

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

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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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

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d) The petitioners shall not involve in similar offences in future;

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e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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SPV

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List No.: 1 Sl No.: 43

Sukla v. State by Chikkjala Ps

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Sukla v. State by Chikkjala Ps

Case brief

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