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2025 DAILYLAW 61893 (KAR)

SAMEER S/O ISMAYILSAB KHADARANAVAR v. THE STATE OF KARNATAKA

CRL.P/103571/2025 · 2025-09-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12700 CRL.P No. 103755 of 2025 C/W CRL.P No. 103571 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103755 OF 2025 C/W CRIMINAL PETITION NO. 103571 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. 103755 OF 2025: BETWEEN: MAHAMMADUMAR @ MAHAMMADGOUSE BALLARI, AGE. 19 YEARS, OCC. COOLIE, R/AT: HOSAPETE CHEK, BETAGERI, TQ. AND DIST. GADAG-582 102. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG WOMEN POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. MABOBEE W/O KASIMSAB CHAKKI, AGE. 31 YEARS, OCC. HOUSEHOLD, R/AT: MANJUNATH NAGAR, NEAR NAGALINGESHWAR TEMPLE, BETAGERI, TQ. AND DIST. GADAG-582 102. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-HELD SUFFICIENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTIONS 483 OF BNSS, 2023), PRAYING TO ENLARGE THE ACCUSED NO.2/PETITIONER ON REGULAR BAIL IN GADAG WOMEN POLICE STATION CRIME NO.07/2025 IN SC (POCSO) NO.64/2025 PENDING ON THE FILE OF COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AT: GADAG, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75(1)(II), 70(1), 294(2)(A) R/W 3(5) OF BNSS, 2023 AND RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12700 CRL.P No. 103755 of 2025 C/W CRL.P No. 103571 of 2025 UNDER SECTIONS 4(2), 6, 12, 15, 17 OF POCSO ACT-2012 AND UNDER SECTIONS 67(A), 67(B) OF IT ACT-2008, IN THE INTEREST OF JUSTICE. IN CRL.P.103571 OF 2025: BETWEEN: SAMEER S/O ISMAYILSAB KHADARANAVAR, AGE. 19 YEARS, OCC. AUTO DRIVER, R/O. C/O. 4156/A, KABADI ONI, BETAGERI, TQ. AND DIST. GADAG, TQ. AND DIST. DHARWAD-582 102. … PETITIONER (BY SRI. ANILKUMAR H. BUDARPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY SPL. PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011, THROUGH GADAG WOMEN POLICE STATION. 2. MABOBEE KASIMSAB CHAKKI, AGE. 31 YEARS, OCC. HOUSEHOLD WORK, R/O. MANJUNATH NAGAR, NEAR NAGALINGESHWAR TEMPLE, BETAGERI, TQ. AND DIST. GADAG-582 102. (MOTHER OF VICTIM). … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/A1 ON REGULAR BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT BY THIS COURT IN S.C. (POCSO) 64/2025, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, GADAG, ARISING OUT OF GADAG WOMEN P.S. CRIME NO.0007/2025 DATED 27/04/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75(1)(II), 70(1), 294(2)(A) R/W SECTION 3(5) OF THE BHARATIYA NYAYA 2023 SANHITA (BNS), SECTIONS 4(2), 6, 12, 15 AND 17 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012, AND SECTIONS 67(A) AND 67(B) OF THE INFORMATION TECHNOLOGY ACT, 2000, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:12700 CRL.P No. 103755 of 2025 C/W CRL.P No. 103571 of 2025 THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel for the petitioner after arguing the matter for sometime, submits that, at this stage petitions may be dismissed as not pressed with liberty to the petitioners to renew there bail application after the victim girl is examined before the trial Court. 2. Submission is placed on record. 3. Petitions are dismissed as not pressed with liberty as prayed for. 4. All contentions are left open. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK LIST NO.: 1 SL NO.: 29