- 1 - NC: 2025:KHC-K:2688 CRL.P No. 200607 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200607 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MEHABOOB S/O CHUNNUMIYA SHEIKH, AGE: 30 YEARS, OCC: AUTO DRIVER, R/O KANEKAL VILLAGE, TQ. AND DIST. YADGIR-585 201. …PETITIONER (BY SRI. SHRIHARSHA R. HARWAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, SAIDAPUR POLICE STATION, SAIDAPUR, NOW REPRESENTED BY THE ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 105. 2. YANKAPPA S/O SHANTAPPA WADDAR, AGE: 48 YEARS, OCC: LABOURER, R/O KANEKAL VILLAGE, TQ. AND DIST. YADGIR-585 201. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; R2-SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2688 CRL.P No. 200607 of 2025 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD), U/S 483 OF BNSS(NEW), PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 AS PER CHARGE SHEET ON BAIL IN CONNECTION WITH IN CR NO. 38/2024 OF SAIDAPUR POLICE STATION REGISTERED FOR THE OFFENCE U/S 363, 376 OF INDIAN PENAL CODE AND U/S 4 OF THE POCSO ACT 2012 AND U/S 3(1) (w) (i) (ii), 3(2) (V) OF SC/ST PA ACT. NOW PENDING ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, YADGIR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) The petitioner has filed this petition under Section 483 of BNSS, 2023 seeking regular bail in Crime No.38/2024 dated 08.04.2024 registered by the Saidapur Police Station, Yadgir District for the offences punishable under Sections 363, 376 of IPC and Section 4 of POCSO Act, 2012 and Section 3(1)(w)(i)(ii), 3(2)(V) of SC/ST POA Act. 2. The abridged facts of the case are that, the victim was pursuing II PUC at Vijyan PU College, Yadgiri. On the intervening night of 07.04.2024 and 08.04.2024, the victim found missing from her house. Hence, the father of the victim namely Yankappa lodged the complaint before the respondent- - 3 - NC: 2025:KHC-K:2688 CRL.P No. 200607 of 2025 police. On the strength of the same, FIR came to be registered in Crime No.38/2024. Thereafter, on the same day i.e., on 08.04.2024, the victim returned to her parental house. On enquiry, she informed that the accused forcibly took her to Raichur and thereafter to Yadgir and committed forcible sexual assault. Accordingly, the investigation is carried out by the respondent police and arrested the accused on 09.04.2024. Subsequently, the charge sheet has been laid by the Investigating Officer. The petitioner approached the learned District and Sessions Judge, Yadgir, seeking for grant of bail and the same has been dismissed. Hence, the present bail petition. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. 4. The primary contention of the learned counsel for the petitioner is that the victim girl had love affair with the accused and knowing fully well that he was a married person, she eloped with him and the prosecution has failed to place any prima-facie material to prove that she was minor at the time of - 4 - NC: 2025:KHC-K:2688 CRL.P No. 200607 of 2025 alleged incident. The medical certificate also depicts that there was no such recent sexual intercourse. In such circumstances, there is no prima-facie material placed by the prosecution to the prove the charges leveled against the accused. Hence, he prays to enlarge the petitioner on bail 5. Per contra, learned High Court Government Pleader vehemently opposed the bail petition by relying 164 statement of the victim so also the school certificate issued by the Head Master of the school wherein it is stated the victim girl was aged about 17-18 years at the time of incident. Accordingly, he prays to dismiss the petition. 6. Having heard the counsel for the petitioner and the learned High Court Government Pleader and having perused the records. On perusal of the entire material available on record, it could be gathered that in the statement given by the victim under Section 164 of Cr.P.C., she has stated that she having known the facts that the accused was a married person had developed love affair with him and thereafter she voluntarily accompanied him to Yadgir. Further the victim was subjected to medical examination immediately after the - 5 - NC: 2025:KHC-K:2688 CRL.P No. 200607 of 2025 incident. The certificate depicts that there was no such sexual intercourse on the victim and no injuries found on her person. Further, as rightly contended by the learned counsel for the petitioner, though the prosecution relied the school certificate issued by the Head Master, the authenticity of the same has to be proved in the trial. In such circumstances, without expressing any opinion regarding merits of the case since the petitioner is in custody from last one year and investigation is already completed, charge sheet has been laid, further, incarceration of the petitioner is not called for. Accordingly, the petition deserves to be allowed. Hence, the following: ORDER The petition filed under Section 483 of BNSS 2023, is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No.38/2024 on the file of District and Sessions Judge, Yadgiri, for the offences punishable under Sections 363, 376 of IPC and Section 4 of POCSO Act, 2012 and Section 3(1)(w)(i)(ii), 3(2)(V) of SC/ST POA Act, on the following conditions: - 6 - NC: 2025:KHC-K:2688 CRL.P No. 200607 of 2025 i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioner shall mark his attendance once in a week on every Sunday between 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. iii) The petitioner shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. iv) The petitioner shall attend the jurisdiction court regularly on all dates of hearing and shall cooperate with the investigation authority. v) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 23 CT: AK