- 1 - NC: 2025:KHC-K:1833 CRL.P No. 200478 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200478 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: KHAJA MURAD S/O QAYYUM QUADRI, AGE:28 YEARS, OCC: DRIVER, R/O. FATIMA NAGAR, CHARMINAR, FALAKNUMA, HYDERABAD, HYDERABAD CITY, STATE, TELANGANA. …PETITIONER (BY SRI GANESH NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH CHITTAGUPPA POLICE STATION, DIST. BIDAR, IT'S REPRESENT BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH, DIST.KALABURAGI-585103. 2. SHABANA W/O LATE MOHD MAHABOOB, AGE: 40 YEARS, OCC: HOUSE WIFE, R/O. H.NO. 5-891, JOSHU GALI, CHITAGUPPA RURAL TQ. CHITAGUPPA, DIST. BIDAR-585401. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI SANDEEP V. PATIL, ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1833 CRL.P No. 200478 of 2025 THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), U/S 483 OF BNSS PRAYING TO ALLOW THE PETITION THERE BY ENLARGE THE PETITIONER ON BAIL IN CRIME NO.103/2024, REGISTERED BY THE CHITAGUPPA POLICE STATION, FOR OFFENCES PUNISHABLE U/SEC. 65(1), 87 OF BNSS, 2023 AND SEC. 5(i), 6 OF POCSO ACT 2012, PENDING ON THE FILE OF THE COURT OF THE II ADDL. SESSIONS JUDGE, BIDAR SITTING AT BASVAKALYAN IN SPL.CASE NO.5002/2025. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the petitioner/accused seeking for regular bail in Crime No.103/2024, registered by the Chitaguppa Police Station, Bidar, for the offences punishable under Sections 65(1) and 87 of BNS, 2023 and under Section 5(L) and 6 of the POCSO Act, 2012. - 3 - NC: 2025:KHC-K:1833 CRL.P No. 200478 of 2025 2. It is the case of the prosecution that on 16.08.2024, the mother of the victim Smt.Shabana lodged a complaint stating that her daughter, is stated to have kidnapped by the petitioner and also it is stated that he has committed sexual assault against her. It is further stated that her daughter was aged about 14 years as on the date of the alleged incident. Hence, she requested the police to take action against the petitioner. Therefore, the jurisdictional police have registered a case in Crime No.103/2024 for the offences stated supra. 3. Heard the learned counsel for the petitioner Sri Ganesh Naik, learned High Court Government Pleader Sri Jamadar Shahabuddin for respondent No.1 and learned counsel for respondent No.2. 4. It is the submission of the learned counsel for the petitioner that though the averments of the complaint would indicate that the victim had been kidnapped by the petitioner and she is stated to have been subjected to sexual assault when she was at Hyderabad along with the - 4 - NC: 2025:KHC-K:1833 CRL.P No. 200478 of 2025 petitioner, the fact remains that, the engagement ceremony had been performed between the victim and the petitioner and the marriage was to be performed within a period of six months from the date of the engagement. However, in the interregnum, the father of the victim died. Therefore, the brother and mother of the victim decided to perform the marriage of the victim with another boy. Having frustrated about the same, the victim called the petitioner and informed him about the development. Therefore, he came and took her to Hyderabad with the consent of her family members. 5. It is further submitted that in the statement of the victim before the Magistrate under Section 164 of Cr.P.C., she has not stated that she had been subjected to sexual assault during her stay at Hyderabad. Therefore, it is appropriate to grant bail to the petitioner. 6. Per contra, the learned High Court Government Pleader for respondent No.1 vehemently opposed the said submissions and he further submitted that the age of the - 5 - NC: 2025:KHC-K:1833 CRL.P No. 200478 of 2025 victim is 14 years. The radiological examination report would indicate that the victim is aged about 14 years and she had been subjected to sexual assault. Merely because she has not disclosed the fact of sexual assault before the Magistrate in her statement under Section 164 of Cr.P.C., it cannot be said that the petitioner is innocent of the alleged offences. Therefore, it is not appropriate to grant bail, as the petitioner has committed heinous offence against a minor girl and also he had kidnapped her without consent of her parents. Hence, the bail application of the petitioner has to be rejected. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it is clear that the engagement ceremony had been performed between the petitioner and the victim and later, the family members of the victim decided to perform the marriage of the victim with another boy. She had informed the said fact to the petitioner and she voluntarily left the house and reached Hyderabad and - 6 - NC: 2025:KHC-K:1833 CRL.P No. 200478 of 2025 stayed in the house of her aunt and uncle. On perusal of the statement made under Section 164 of Cr.P.C. before the Magistrate, the victim has not disclosed anything about sexual assault. Therefore, prima facie, I am of the considered opinion that the petitioner had made out a case to grant bail. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is enlarged on bail in Crime No.103/2024, registered by the Chitaguppa Police Station, Bidar, for the offences punishable under Sections 65(1) and 87 of BNS, 2023 and under Section 5(L) and 6 of the POCSO Act, 2012, on executing personal bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioner shall not threaten or tamper the prosecution witnesses. - 7 - NC: 2025:KHC-K:1833 CRL.P No. 200478 of 2025 b) The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 12 CT:PK