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IN THE COURT OF THE HON’BLE CITY CIVIL AND

SESSIONS COURT AT BANGALORE

C Misc. No: /2024

BETWEEN:

Irfan Pasha,
S/o Nannu Sab,
Aged about 48 years,
R/at Murthy House,
Ramakka Layout,
V.V Extention,
Hoskote Town
Bengaluru District,
(As per charge sheet)

Also at:N/A Mirja Road,

Near Ayyappa Swamy temple,
Srinivasapura Town,
Kolar Taluk, Kolar
(permanent Address ) Petitioner/
Accused

AND:
1. State by Hoskote police,
Rep by SPP,
Bangalore Respondent
No.1/complainant
2. Syed Ajaz
S/o Syed Bashier,
Aged about 46 years,
R/at Kanakanagar,
Ramakka Layout,
Hoskote Town,
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Bangalore Dist. Respondent

No.2/complainant

MEMORANDUM OF BAIL APPLICATION UNDER SECTION

439 OF THE CODE OF CRIMINAL PROCEDURE:

The above named petitioner most humbly begs to submit as

follows.

1. It is submitted that the address of the petitioner for the

purpose of court notice, summons etc., is as per cause title

and may also be serve through his counsels Mohammed

Pasha C, Ayesha Siddiqua S, Moyeezuddin Khan and Pallavi

R Advocates, “FRIENDS LAW ASSOCIATES AND

ADVOCATES”, having chamber at No. FF 13(B), HHS &

HMS complex, Cubbonpet main road, Bangalore- 560 002.

2. It is submitted that the address of respondent for similar

purpose may also be serve to their senior public prosecutor

city civil and session’s judge, at Bangalore.

3. It is submitted that the respondent police have registered a

case against this petitioner in crime No. 381/2023 for an

alleged offence punishable under section 366(A), 343,

376(2)(N), 376(3),323, 506 of IPC, and section 4(2),6, 12 of

POCSO ACT subsequently on 01.12.2023 petitioner was

arrested and produced before the jurisdictional court with

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an remand application for the alleged offences punishable

under section 366(A),343,376(2)(N), 376(3),323, 506 of IPC,

and under section 4(2),6, 12 of POCSO ACT and remanded

to judicial custody and after investigation the investigation

officer has filed charge sheet against this petitioner for an

alleged offence punishable under sections 366(A), 343,

376(2)(N), 376(3),323, 506 of IPC, and under section

4(2),6, 12 of POCSO ACT. Hence this bail application before

this Hon’ble court.

BRIEF FACTS OF THE CASE

4. Case of the prosecution one Syed Ajaz S/o Syed Bashir aged

about 46 years, Residing at kanaka nagar ramakka layout

hoskote, lodged a written complaint about missing of his

daughter by name Ummehani aged about 16 years, who is

studying at 10th standard as such 26-11-2023 at about 7:30

pm she left the house by taking RS10 from his wife to get

cake from nearby shop, thereafter she has not return, as

such they made search in everywhere, but they couldn’t

find his daughter consequently he lodged missing

complaint before respondent police station, thereby FIR

came to be registered in wide crime No.381/2023 for an

offence punishable under section 363 of IPC.

5. It submitted that the victim girl left the house on 26-11-

2023 at about 7:30 PM but the complaint lodged after lapse

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of two days i.e 28-11-2023, hence there is a inordinate

delay of 2 days which has not been properly explained,

there it creates serious doubt thouse the complainant

suppressed true fact and deliberately lodged a missing

complainant to avoid legal complications.

6. It is submitted that as per the prosecution case the victim

girl and the petitioner were rescued on 30-11-2023 at

murugamalla and some of the public man handled with

petitioner in a result he suffered injuries on his head, so the

police pacified the public and they brought to police

station, and the victim girl was sent to remand home, next

day she again brought back to the police station and she

was interrogated in which she disclosed about the

petitioner being a neighbour who is just residing in front of

the house and developed acquaintancey with her family

members and use to visit her house ofenly such being soon

26-11-2023 when she was on the way to her house the

petitioner came in the auto rickshaw and threatened to get

in to auto rickshaw, but she is refused in which he shown

his hand on her face these she was fainted, in the morning

she regain conscious and asked petitioner where she is so

petitioner told they are in muragamalla darga and

threatened to obey his wishes, otherwise he will kill her and

parents too later he committed forcible sexual intercourse

and similar acts was continued 3 to 4 times during the

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period of 4days, as such she was illegally confined in the

room later on 30-11-2023 the police came to spot and

rescued her and brought back to the police station.

GROUNDS

7. It is submitted that the respondent police has registered a

false case against this petitioner and falsely implicated

without any concrete evidence, but only in order to avoid

further risk in the hands of the higher authorities especially

such type of alleged complainants come in to play

irrespective of whether genuine or fictious. It is a matter of

trial hence the petitioner became victim of circumstances

and nothing to do.

8. It is submitted that the plain reading of the complainant

itself creates serious doubt over the prosecution as it is

filled with apparent contradictions and unbelievable fiction,

which is not believable and a frivolous one, prepared at the

instruction of some inimical person with an sole motive to

harass the petitioner,

9. It is submitted that the petitioner has not kidnaped her

abducted the victim girl and never kept her in said room

located at murugamalla and he never committed said acts

on the victim girl, in fact the victim father who is not

biological father of victim girl though he is an step father

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and he was not a cordial relationship with a petitioner

because he was suspected a doubt on petitioner and his

wife who having a strain relationship, in this regard he

developed grudge against the petitioner and also use to

pick quarrel with his wife and victim girl to not speak with

petitioner, but there were not headed his words as such

there was a animosity exist between petitioner, so he was

searching an opportunity to make suffer and teach a lesson

to the petitioner, ultimately he saw the golden opportunity

since the victim left the house after conflict with her step

father and they gathered a have clue about when victim

taken shelter, subsequently the said step father collided

with some local persons went to murugamalla daraga and

traced the victim and brought back to the house and

suspected doubt on petitioner and his wife invited petitioner

to SDPI office and made a bad allegations and instigated

SDPI workers to assault in a result there was tussle between

petitioner and complainant in a due course some SDPI

persons meddle but petitioner was beaten and suffered a

injuries on his head and after the story of tracing petitioner

with victim at muragamalla.

10. It is submitted that the victim step father always suspected

a doubt on victim mother because the victim mother

continuously talking with petitioner over phone and

petitioner also visiting is house on regular intervals despite

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his objection the petitioner continued his acts towards his

wife which made the complainant/step father upset and he

was so anxious, and disturb, so he made a mind to teach a

lesson and take revenge, as such he pressurized victim girl

to make adverse statement against the petitioner, and also

blackmail the victim girl to narrate the imaginary story

against the petitioner, hence no option left the victim has

given contradictory statements before the competent

authorities.

11. It is submitted that the after picking quarrel with

complainant/step father she left the house and taken

shelter at muragamalla daraga, because the victim and her

family occasionally used to visit the said darga on regular

occasions , as such she was very familiar to visit the said

place and stayed alone for few days though petitioner

accompanied with here, however the complainant and his

few local associates approached the petitioner in his house

and questioned where about the victim girl in which there

was Galata took place between them, his in a result the

petitioner was beaten by complainant and his henchmen,

in a result he was suffered injuries on head, in a meantime

victim mother intervene and pacified the complainant and

his friends and she only reveal that the victim is staying at

murugamalla darga, therefore the complainant went to

murugamalla along with victim mother, petitioner and few

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of his henchmen to murugamalla and brought back the

victim to the police station and insisted to the respondent

police to honour his claim, but complainant/step father

used his muzzle power as well as political influence,

thereby the respondent police has no option left arrested to

the petitioner and he was so panic and felt palpitation

therefore he was sent to hospital for medical treatment.

12. It is submitted that the victim sent to remand home and

next day she was brought to police station where, in

complainant and his henchmen created fear atmosphere in

the mind of victim girl and threatened to narrate the story

as they projected against the petitioner, hence she was

helpless & gave different and contradictory statement

before police, doctor, and magistrate, ultimately petitioner

became scape goat to the circumstances.

13. It is submitted that the victim stated before the police the

petitioner shown his hand on her face in which she lost her

consciousness, further under section 164 of CRPC the victim

stated before the magistrate the petitioner applied some

substance in a kerchief and covered her face in which she

lost consciousness, further the victim narrate before the

doctor the petitioner forcefully made her to drink juice in

which she fainted so this 3 crucial contradictory theory of

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victim girl itself suffice there was no such incident taken

place as per the prosecution case, as such the victim girl

keep on changing her version in order to rope the petitioner

in the false case and succeeded too.

14. It is submitted that the IO has not enquired the adjacent

building owner at the incident place and the house owner

also not enquired and no statement also recorded to

corroborate the prosecution case, in order to hold the victim

was illegally kept for 4 days in that house this crucial

lacuna, lapses, infirmity itself sufficient to draw an inference

that petitioner has not kidnapped, abducted, & kept illegally

in the alleged premises, hence this crucial grounds itself

sufficient to grant bail.

15. It is submitted that the investigation officer collected CDR

pertaining to phone calls between petitioner and victim

parents which shows there was continued, abundant

phone calls and conversation, it is pertinent to note the

victim was missing on 26-11-2023 at about 7:30 PM

onwards, but as per the CDR call details it appears on 26-

11-2023 morning to night 11 PM there was phone calls

between the petitioner and victim mother, under such it

creates a serious doubt the victim was not kidnapped by

the petitioner, if really the petitioner has kidnapped victim

girl on said day at about 7:30 PM then there is no question

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of a phone calls on the said day till 11PM night, because as

per the victim statement she was unconscious from 7:30 PM

to next day morning so to whom the petitioner kept on

talking over the phone which was belong to victim mother,

as a matter of fact on the said day when victim left the

house an account of quarrel with her step father in which

the petitioner, victim mother as well as mother relatives

made searched everywhere in this regard there was a

phone calls between petitioner and victim mother so this

precious aspect itself indicates the victim girl on behest of

her step father and henchmen mislead IO to miffed and

trouble the petitioner.

16. It is submitted that as per the 164 statement when she was

kept in the house at muragamalla some of petitioner friends

use to visit said house in which she pleaded to set freed her

from the clutches of petitioner, but they were ignored and

not helped her in this regard the IO has not interrogated

those friends of the petitioner to corroborate the version of

the victim girl this aspect itself suffice overall the victim and

her step father colliding with henchmen misuse the special

POCSO ACT & falsely roped petitioner in the alleged instant

case.

17. It is submitted that all the facts and circumstances itself

clears that the petitioner is innocent. Hence being innocent

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his personal liberty shall not deprived, even the innocent

should not suffer by way of incarceration merely on

suspicious and veracity of truth can be ascertained only

when trial is complete. Which is not possible to conclude

near future days though it may take long time. More so if

the petitioner has committed such an offence certainly he

would have been absconded for reasonable period to avoid

legal action against him and could have been applied for

anticipatory bail, but he has not done so this aspect itself

indicate that he has no nexus to alleged offences.

18. It is submitted that the as per apex court guide line bail is

rule and jail is exception. Until the completion of trail the

petitioner presumes to be innocent and merely on

suspecting doubt the innocent should not be detain or

incarcerate in jail by way of depriving their liberty which

guaranteed in Indian constitution. More over this petitioner

is in judicial custody since from the date of arrest and

undergoing pretrial punishment which in unwarranted in

law, through there is no prima facie case and incriminating

evidence against him.

19. It is submitted that the petitioner has no criminal

antecedents prior to this false, such being he will not

abscond or evade the trial the petitioner undertakes that he

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will not hamper or tamper the witness and will not leave the

jurisdiction without the permission of trial court.

20. It is submitted that, the petitioner is having respectful

parents, since the day of his arrest his mother and sister

health is deteriorating day by day, such being at the

movement he is facing lot of hardship and suffering from

mental agony and this petitioner is only person to take care

of his family and permanent resident of address mentioned

in remand application and he is deeply rooted in society

and tied up with community. Hence he will not abscond or

evade during trail.

21. It is submitted that the petitioner is ready to abide all the

terms and conditions which may be imposed by this Hon’ble

court and willing to offer surety to ensure his regular

presence before the trial court on all future dates of hearing

until the disposal of the prosecution case.

22. It is submitted that petitioner counsel seek crave leave of

this Hon’ble court to make additional grounds at the time of

arguments.

PRAYER
WHEREFORE, the petitioner respectfully prayed before

this Hon’ble court may kindly be pleased to allow this bail

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application and enlarge the petitioner on bail in Spl CC. No.

49/2024 arising out of Crime. No. 381/2023 of respondent

Hoskote police station for the alleged offence punishable

under section 366(A), 343, 376(2)(N), 376(3),323, 506 of

IPC, and section 4(2),6, 12 of POCSO ACT pending on the

file of Hon’ble FTSC-2 Judge Bangalore rural district at

Bangalore, to meet the ends of justice and equity .

Bangalore

Dated: Advocate for

petitioner