- 1 - HC-KAR NC: 2025:KHC-D:18231 CRL.P No. 104389 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104389 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. ABBAS VALI S/O. SADIQ VALI, AGE. 19 YEARS, OCC. STUDENT, R/O. WARD NO.09 NEAR GRAND FUNCTION HALL NABEE COLONY, ROOPANAGUDI ROAD, TQ. BALLARI, DIST. BALLARI-583101. …PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BALLARI WOMEN POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. JAINAB BEE W/O. BABA FAKRUDDIN, AGE. 39 YEARS, OCC. HOUSEWIFE, R/O. WARD NO.9 NEAR GRAND FUNCTION HALL NABEE COLONY, ROOPANAGUDI ROAD, BALLARI-583101, TQ. DIST. BALLARI. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SMT. ARCHANA A.MAGADUM, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT BAIL TO THE PETITIONER IN CRIME NO.62/2025 REGISTERED WITH BALLARI WOMEN AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 BALLARI IN SPL.C NO.945/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 96, 64(2)(M), 65(1) OF BNS AND SECTION 4, 5(L), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18231 CRL.P No. 104389 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.62/2025 of respondent No.1/Police for the offence under Sections 137(2), 96, 64(2)(m) and 65(1) of the Bharatiya Nyaya Sanhita, 20231 and Sections 4, 5(L) and 6 of the Protection of Children From Sexual Offences Act, 20122. Brief facts of the case: 2. The case of the prosecution is that, the complainant is having five children. Among the five children, the victim is the forth daughter. The victim stated to have studied up to tenth standard thereafter, she had discontinued her studies. It is further stated that, on 1 For short ‘BNS, 2023’ 2 For short ‘POCSO Act’ - 3 - HC-KAR NC: 2025:KHC-D:18231 CRL.P No. 104389 of 2025 16.05.2025 at about 07:45 PM, the complainant and her husband had been to Hospital taking their daughter namely Firdos. It is stated that, the third daughter of the complainant had informed that, the victim had been kidnapped by unknown persons. Based on the said statement, complaint came to be registered on 17.05.2025. 3. Based on the said information, a complaint came to be registered against the Abbas suspecting his involvement in the said kidnap. The respondent/Police after registering the case, conducted the investigation and submitted the charge-sheet. 4. Heard Sri.Neelendra D. Gunde, learned counsel for the petitioner, Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State and Smt.Archana A. Magadum, learned counsel for respondent No.2. 5. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged - 4 - HC-KAR NC: 2025:KHC-D:18231 CRL.P No. 104389 of 2025 offences and he has been falsely implicated in this case. The petitioner has not committed any offences as stated in the complaint. 6. It is further submitted that, no relevant document is produced to substantiate the age of the victim. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that the age of the victim is 15 years. The petitioner had induced her and kidnapped her. Thereafter, had kept her in the house situated at Ganganagar, Guntkal. It is stated that, he had committed sexual assault in the said house. Hence, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:18231 CRL.P No. 104389 of 2025 8. Similarly, learned counsel for respondent No.2 adopted the arguments of learned High Court Government Pleader for respondent No.1/State and prays to reject the petition. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears from the record that, a complaint came to be registered against the petitioner stating that, he had committed sexual assault on the victim after having abducted her. However, as per the submission of the learned counsel for the petitioner and also on perusal of the records available on record, the date of birth of the victim is mentioned in the document is shown as 23.03.2010. 10. Having considered the facts and circumstances of the case, it is appropriate to grant the relief as prayed for in the petition. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:18231 CRL.P No. 104389 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.62/2025 of respondent No.1/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not involve in any criminal case till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:18231 CRL.P No. 104389 of 2025 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 PJ/CT: UMD List No.: 2 Sl No.: 87