- 1 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104244 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SAQIBBAIG S/O. FAYAZ NIZAMI AGE. 21 YEARS, OCC. PRIVATE JOB, R/O. PLOT NO.1/B, SY.NO.1061, DIST. BELAGAVI-590001. …PETITIONER (BY SRI. M.L. VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY PSI MARKET POLICE STATION, BELAGAVI. R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANATAKA, DHARWAD BENCH AT DHARWAD-580001. 2. SMT. NEETA KUDATURKAR W/O. VINAYAK KUDATURKAR AGE. 42 YEARS, OCC. LIC AGENT, R/O. H.NO.778/2, KUDTURKAR COMPOUND, KHANAPUR ROAD, TILAKWADI, BELAGAVI-590001. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023, PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN SPL.CASE NO.460//2025 (MARKET POLICE STATION CRIME NO.95/2025), PENDING ON FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BELAGAVI., REGISTERED FOR THE OFFENCE PUNISHABLE U/SEC.137(2), 309(4), 65(1), 64(2)(M) 70(2), 79, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 127(2), 238, 352, 351(3) R/W 3(6) OF BNS AND U/SEC.4(2), 6, 8, 12 AND 17 OF POCSO ACT 2012 AND 77 OF JUVENIL JUSTICE ACT 2015 IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.3 is before this Court seeking for bail in Crime No.95/2025 of respondent-police for the offences under Sections 137(2), 309(4), 70(2), 352 read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 and Sections 4(2), 6 and 7 of the Protection of Children from Sexual Offences Act, 2012. 2. The mother of the complainant lodged a complaint before the respondent-police stating that, her daughter was studying in Mangalore, came to her house on 30.04.2015 on account of Summer vacation. The victim was staying along with her at Belagavi. Such being the fact, on 11.05.2025 around about 03.30 p.m., she noticed that her daughter was not comfortable and not feeling well. When - 3 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 she enquired as to what had happened, she narrated the incident that accused No.1-Atharva was insisting her that she should meet him always whenever he called her. It is further stated that, on 10.05.2025 around about 02.30 p.m. accused No.1 called her over phone and blackmailed her that he would upload her pictures and videos of which she had sexually assaulted by him. Freighting of the said blackmail, she stated to have gone to the house farmhouse namely Nisarga Farm House where she noticed that, accused No.1 and accused No.3 were consuming alcohol and took her to one room and forcibly made her to drink beer. Thereafter, the said accused No.1 and his friends were trying to touch her inappropriately. The accused No.1 and accused No.3 are stated to have committed sexual assault on her and also snatched her gold chain worth of Rs.50,000/-. 3. Based on the complaint, the respondent-police have registered a case and after conducting the investigation, submitted the charge sheet. - 4 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 4. Heard Sri. M. L. Vanti, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State. 5. It is the submission of the counsel for the petitioner that, the petitioner has arrayed as accused No.3. As per the statement of the victim, immediately after she went to the farmhouse, she was made to consume alcohol forcibly and she became unconscious. Such being the fact, making allegation that the present petitioner had committed sexual assault on her, cannot be considered. However, the Investigating Officer voluntarily with intention to implicate him in a false case, made him as accused No.3. In fact, the FSL report did not indicate any signs of he having committed sexual assault on her. 6. It is further submitted that, the petitioner is innocent of the alleged offences and he is aged about 21 years, working in a private sector and permanent resident of Belagavi. Considering his age, he may be released on bail - 5 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 by imposing suitable conditions. Making such submissions, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that, all the accused persons in furtherance of common intention committed gang rape on the victim who is aged about 14 years. Such heinous offence committed by the petitioner and others has to be viewed very strictly. In fact, all the accused are aged between 18 to 21 years. If the petitioner and others are enlarged on bail, there may be chances of threatening the witnesses and also the chances of committing similar offences on different girls in the locality. Therefore, the petition may be rejected. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, charge sheet and the statement of the victim recorded under Section 164(5) of Cr.P.C., it indicates that Atharva who is accused No.1 acquainted with the victim, - 6 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 victim had come to Belagavi on account of her Summer vacation from Mangalore. He is stated to have committed sexual assault on her prior to the present incident. Thereafter, at the time of committing sexual assault on her, he recorded the said incident in his mobile and used to threaten her and blackmailing her that she should come whenever he called her. Accordingly, on 11.05.2025, again he called her to Nisarga Farm House and committed a gang rape on her. The present petitioner who is arrayed as accused No.3 is also stated to have committed sexual assault on her. However, as per the averments of the complaint, she was under the influence of alcohol and was not aware about the act whether he has committed sexual assault on her or not. Under such circumstances, keeping him in judicial custody for a longer period, who is of tender age, would definitely cause injustice to the petitioner and his family members. Hence, it is appropriate to grant him bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.95/2025 of respondent-police for the offences under Sections 137(2), 309(4), 70(2), 352 read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023 and Sections 4(2), 6 and 7 of the Protection of Children from Sexual Offences Act, 2012, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. - 8 - HC-KAR NC: 2025:KHC-D:15277 CRL.P No. 104244 of 2025 (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM, CT:VP LIST NO.: 1 SL NO.: 27