- 1 - NC: 2025:KHC:4858 CRL.P No. 14047 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14047 OF 2024 BETWEEN: HASSAIN @ SHEIK HASSAIN S/O BASHA AGED ABOUT 19 YEARS RF/T C/O CHAIRMAN SYED SADIQ SHIKARI PALYA VILALGE MEC MASJID NEAR JIGANI HOBLI ANEKAL TLAUK KARNTAKA 560105 (IN JUDICIAL CUSTODY) …PETITIONER (BY SMT. SHAHIDA KHANAM, ADVOCATE FOR SRI. MASKOOR HASHMI M D.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAGODI PS REP BY STATE PUBLIC PROSECUOTR HIGH COURT BUILDING BENGALURU 560001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4858 CRL.P No. 14047 of 2024 2. THE INFORMANT SMT ZAKIRA W/O SHEIK MOULA AGED ABOUT 27 YEARS R/AT SHIKARIPALYA VILLAGE MEHABOOB SUTTON STALL AKBAR NGAR MECA MASJID NEAR JIGANI HOBLI ANEKAL TALUK KARNATAKA 560105. …RESPONDENTS (BY MS.ASMA KOUSER., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED ON REGULAR BAIL IN SPL.C.C.NO.293/2024 (CR.NO.41/2024) REGISTERED BY RESPONDENT POLICE I.E., HEBBAGODI P.S. FOR THE OFFENCE P/U/S 376 OF IPC AND SEC. 4, 5(I), 6 OF POCSO ACT, PENDING ON THE FILE OF THE ADDL. DIST. AND SESSIONS JUDGE, FTSC-III, BENGLAURU RURAL DISTRICT AT BENGALURU WITH SUCH OTHER TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 3 - NC: 2025:KHC:4858 CRL.P No. 14047 of 2024 ORAL ORDER Heard the learned counsel for petitioner, learned Additional State Public Prosecutor and perused the material on record. 2. Respondent No.2/de facto complainant is served, but unrepresented. 3. Petitioner is the sole accused in Crime No.41/2024 of Hebbagodi Police Station, registered for offences punishable under Section 376 of Indian Penal Code, 1860 [for short 'IPC'] and Sections 4, 5(I) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). 4. Charge sheet is filed. Trial is pending before the Additional District and Sessions Judge FTSC-III, Bengaluru Rural District, Bengaluru in Spl.CC No.293/2024. 5. It is the case of prosecution that the accused by inducing the victim girl aged about 17 years, with a - 4 - NC: 2025:KHC:4858 CRL.P No. 14047 of 2024 promise of marriage, committed aggravated penetrative sexual assault on her, due to which, she became pregnant and gave birth to a child on 16.01.2024. The said child however died on the following day. 6. Learned counsel for the petitioner is heavily relying on the DNA Report, as per which, the sample blood of accused taken for examination was found to be excluded from being the biological father of the baby. Said report is not disputed by the learned Additional State Public Prosecutor. However, she has contended that victim has given statement under Section 161 of Criminal Procedure Code, 1973, that the petitioner has committed penetrative sexual assault on her several times. She has therefore contended that there is a prima facie case against the petitioner. 7. According to prosecution, date of birth of the victim is 05.11.2006. Hence, victim was aged 17 years 3 months and she was a minor as on the date of commission - 5 - NC: 2025:KHC:4858 CRL.P No. 14047 of 2024 of offence. Prosecution has placed reliance on the Certificate issued by the Headmistress of Moulana Azad Model School, Bengaluru, wherein date of birth of the victim is mentioned as 05.11.2006. It is seen that victim studied in the said school during 2019-2020. The said document has been disputed by the learned counsel for petitioner. It is contended that the certificate was collected by the Investigation Officer from the School to suit the prosecution case. Except the said document, at this stage, there is no other document, such as birth certificate or medical examination report , to certify the age of the victim girl. 8. The petitioner is aged about 19 years. He is in judicial custody since 17.01.2024. Prosecution has to establish its case during trial. Considering the age of the petitioner and the DNA Report, which exculpates him, without expressing any opinion on the merits of the case, relief sought for by the petitioner can be granted by imposing stringent conditions. Accordingly, the following:- - 6 - NC: 2025:KHC:4858 CRL.P No. 14047 of 2024 ORDER Petition is allowed. Petitioner/accused in Crime No.41/2024 of Hebbagodi Police Station, pending in SPL.CC.NO.293/2024 on the file of Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District at Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. - 7 - NC: 2025:KHC:4858 CRL.P No. 14047 of 2024 4. He shall not contact the victim, intimidate or influence her in any manner. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NV