Rihana & Ors. vs State Of Karnataka & Anr.

Accused Nos.3 to 6 in Crime No.151 of 2026 registered by Sampigehalli Police Station, Bengaluru City for the offences punishable under Section 143(4), 64 and 3(5) of BNS, 2023, Sections 4 of POCSO Act, 2012 and Section 3, 4, 5 and 6 of ITP Act, 1956, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 and 482 of BNSS, 2023 seeking regular bail and anticipatory bail.

Heard the learned counsel for the parties.

FIR in Crime No.151 of 2026 was registered by Sampigehalli Police Station, Bengaluru City for the aforesaid offences against Ameena Khan and others, based on the first information dated 06.05.2026 received from Smt.Mahadevi, Police Officer attached to Sampigehalli Police Station. In the said case, accused Nos.3 to 5 were arrested on 06.05.2026 and subsequently, remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4723 of 2026 was rejected on 11.06.2026. Therefore, they are before this Court in Crl.P.No.8924 of 2026. Apprehending arrest in the case, accused No.6 had filed Crl.Misc.No.4670 of 2026, which was rejected by the jurisdictional Sessions Court on 11.06.2026. Therefore, he is before this Court in Crl.P.No.9134 of 2026.

Material on record would go to show that based on credible information received by the first informant at about 13.20 hours on 06.05.2026 when she was present at the police station, to the effect that accused Nos.1 to 5 named in the FIR were indulged in running the illegal business of prostitution in a house situated within the jurisdiction of Sampigehalli Police Station, FIR was registered against the said five accused for the aforesaid offences. In the raid which was subsequently conducted to the said house, accused Nos.1 to 5 were apprehended and CW.4 to CW.7, who are said to be minor victim girls were rescued. Accused No.6 is said to be a customer, who had visited the house in which accused Nos.1 to 5 were carrying on the illegal business of prostitution and had sexual intercourse with the rescued victims.

FIR in the present case has been registered based on credible information even prior to the raid being conducted to the house in which accused Nos.1 to 5 were allegedly running the business of prostitution. The FIR has been registered in the present case by invoking the offence punishable under Section 4 of the POCSO Act, even before the trial was conducted. Therefore, a strong suspicion arises with regard to the genuineness of the FIR. The rescued victim CW.4 is said to be the daughter of accused No.1 and CW.5 is said to be the daughter of accused No.3. The other two alleged victims are the close relatives of the accused Nos.1 to 5. In the statement of the alleged victims, which was recorded under Section 183 of BNSS, 2023, before the Court of jurisdictional Magistrate, they have not made an allegation which would attract the alleged offences against the accused. On the other hand, the alleged victims have clearly stated that the police had unnecessarily arrested accused Nos.1 to 5 and also had brought them to the police station.

It is not in dispute that the petitioners herein do not have any criminal antecedents. Investigation of the case is now completed and charge sheet has been filed. Accused Nos.3 to 5 are married ladies, who are in custody from 06.05.2026 onwards. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by accused Nos.3 to 5 and also the prayer made by accused No.6, who is said to be a customer, for grant of bail needs to be allowed. Accordingly the following:

The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.151 of 2026 registered by Sampigehalli Police Station, Bengaluru City for the offences punishable under Section 143(4), 64 and 3(5) of BNS, 2023, Sections 4 of POCSO Act, 2012 and Sections 3, 4, 5 and 6 of ITP Act, 1956, subject to the following conditions:

The criminal petition is allowed. The respondent -Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.151 of 2026 registered by Sampigehalli Police Station, Bengaluru City for the offences punishable under Section 143(4), 64 and 3(5) of BNS, 2023, Sections 4 of POCSO Act, 2012 and Sections 3, 4, 5 and 6 of ITP Act, 1956, subject to the following conditions: