- 1 - HC-KAR NC: 2025:KHC:38395 CRL.P No. 11017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11017 OF 2025 BETWEEN: ISMAIL ZABIULLA S/O DADAPEER, AGED ABOUT 23 YEARS, OCC: FISH BUSINESS, R/O DARJI COLONY, 1ST CROSS, GOPALAPURA ROAD, CHITRADURGA -577 501 …PETITIONER (BY SRI. RAVINDRA B.DESHPANDE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION, CHITRADURGA, CHITRADURGA EXTENSION CIRCLE, CHITRADURGA - 577 501 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001) 2. SMT. SANIYA FIRDOS W/O ISMAIL ZABIULLA, D/O MEER ALMAS ALI, AGED ABOUT 19 YEARS, R/O DARJI COLONY, 1ST CROSS, GOPALAPURA ROAD, CHITRADURGA 577 501. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1; Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38395 CRL.P No. 11017 of 2025 SRI. N. SRINIVAS ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.49/2025 CHITRADURGA WOMEN POLICE STATION, CHITRADURGA (CHARGE SHEETED FOR THE OFFENCES P/U/S 115(2), 137(2), 190, 351(2), 352, 54, 85, 64, 74, 238 OF BNS 2023 (CORRESPONDING PROVISION: U/S 323, 363, 149, 506, 504, 114, 498A, 354, 201 OF IPC) AND SECTION 4 OF POCSO ACT 2012 AND SECTION 4 OF DOWRY PROHIBITION ACT 1961) NOW PENDING ON THE FILE OF THE CHITRADURGA DISTRICT 2ND ADDL.SESSIONS COURT, CHITRADURGA) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.49/2025 of Chitradurga Women Police Station, Chitradurga, has preferred this petition to enlarge him on bail. FIR is registered against accused Nos.1 to 6, for the offence Punishable under Section 4 of the Dowry Prohibition Act, 1961, Section 4 and 6 of the POCSO Act, 2012, Section 115(2), 137(2), 190, 351(2), 352, 54, 85, 64(2)(m) of the BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:38395 CRL.P No. 11017 of 2025 2. Charge sheet is filed against 7 accused for the offence Punishable under Section 4 of the Dowry Prohibition Act, 1961, Section 4 of the POCSO Act, 2012 and Section 115(2), 137(2), 190, 351(2), 352, 54, 85, 64, 74, 238 of the BNS, 2023. 3. In the complaint lodged by the victim, she has alleged that, petitioner and she was in love with each other and on 01.07.2023, the elders of the family fixed their marriage. Thereafter, on 10.12.2023, petitioner took her on his motorcycle to a lodge, gave her some juice and committed forcible penetrative sexual assault on her and also recorded video. Thereafter, he had threatened her that he will make the video viral. Therefore, parents of the victim performed her marriage with him on 18.04.2024. It is further alleged that in the month of May, she became pregnant. Petitioner and other accused forcibly administered some tablets etc. It is alleged that all the accused were subjecting her to torture and the petitioner was forcing her to sleep with his friend and he was - 4 - HC-KAR NC: 2025:KHC:38395 CRL.P No. 11017 of 2025 demanding a motorcycle and a cash of Rs.1,00,000/- for doing business etc. 4. As per complaint averments, prior to her marriage when she was a minor aged 17 years, she was subjected to penetrative sexual assault by the petitioner. Further, allegations are that when she was pregnant, accused have forcibly administered some tablets to her etc. and the petitioner has demanded a motor cycle and cash of Rs.1,00,000/-. 5. The first incident of committing forcible penetrative sexual assault, according to complainant has taken place on 10.12.2023. Marriage is said to have taken place on 18.04.2024. It is no doubt, certain serious allegations are made against the petitioner and other accused persons, namely his relatives. Complaint has been lodged on 30.04.2025. 6. It is not in dispute that when the petitioner married the victim, she was a major, if her date of birth - 5 - HC-KAR NC: 2025:KHC:38395 CRL.P No. 11017 of 2025 mentioned in the school admission register and SSLC marks card are taken into consideration. In so far as allegations that petitioner has committed penetrative sexual assault on the victim when she was a minor at this stage, there is no material except the statement of the victim and the bald allegations made in the complaint. The said allegations have to be proved by the prosecution in due course. 7. It appears that after the marriage some serious differences have occurred between the victim and petitioner and his family members. It is stated that accused Nos.2 to 6 are granted anticipatory bail by the learned Sessions Judge, in Crl.Misc.No.544/2025 vide order dated 25.06.2025. Petitioner was arrested on 05.06.2025. He is in judicial custody. Investigation is completed and charge sheet is filed. Hence, the following:- - 6 - HC-KAR NC: 2025:KHC:38395 CRL.P No. 11017 of 2025 ORDER i) Petition is allowed. ii) Petitioner/accused No.1 in Crime No.49/2025 of Chitradurga Women Police Station, Chitradurga is 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. 4. He shall not indulge himself in committing any offence. - 7 - HC-KAR NC: 2025:KHC:38395 CRL.P No. 11017 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 18