- 1 - HC-KAR NC: 2025:KHC-D:14179 CRL.P No. 103832 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103832 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: AZAN @ AURANGZEB S/O. ISTAKAHMAD SHAIKH, AGE. 30 YEARS, OCC. BUSINESS, R/O. TIPU SULTAN NAGAR, MACCHE, TAL. AND DIST. BELAGAVI. …PETITIONER (BY MRS. NAGARATNA S.PATTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE BELAGAVI RURAL POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD. 2. SHRI. NASIRAHMED S/O. ABDULSHIKOR HALYALKAR, AGE. 43 YEARS, OCC. COOLIE, R/O. GAZI MOHALLA, NEAR JAIN COLLEGE, TIPPU SULTAN NAGAR, HUNCHAYANATTI, TQ/DIST. BELAGAVI-590014. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14179 CRL.P No. 103832 of 2025 3. CHILD WELFARE COMMITTEE, R/O. 3RD CROSS, SHIVAJI NAGAR, BELAGAVI-590001. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. SANTOSH A.BIRANAGI, ADVOCATE FOR R2 APPEARED THROUGH VC; NOTICE TO R3 IS SERVED, UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, BY ALLOWING THIS PETITION THE PETITIONER/ACCUSED NO.1 MAY BE RELEASED ON BAIL IN BRPS POLICE CR. NO.78/2025 BEARING ITS SPECIAL CASE NO.361/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(1), 137(2), 352, 351(2), 351(3) R/W 3(5) OF BNS ACT AND SECTION 4, 6 AND 17 OF POCSO ACT PENDING IN THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-1) BELAGAVI, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14179 CRL.P No. 103832 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is arrayed as accused No.1 in Crime No.78/2025 registered by the respondent/Police for the offences punishable under Sections 64, 137(2), 352, 351(2) and 351(3) r/w. Section 3(5) of Bharatiya Nyaya Sanhita, 20231 and Sections 4 and 6 of Protection of Children From Sexual Offences Act, 20122 on the complaint of the complainant who is the father of victim. 2. Factual matrix of the case; The case of the prosecution is that, the victim girl was staying at the house of her grand-mother. On 08.04.2025 around 9:00 pm, accused Nos.1 to 3 staying near the house of the complainant came together and started to ask whether he had sent his daughter to anywhere. Further, 1 For short ‘BNS, 2023’ 2 For short ‘POCSO Act’ - 4 - HC-KAR NC: 2025:KHC-D:14179 CRL.P No. 103832 of 2025 they stated that if he is not ready to bring her back or disclose her, they would viral the photos of the victim. 3. On 09.04.2025, when the complainant called his daughter i.e., the victim from Bidi village and enquired about the viral photos, she narrated that herself and accused No.1 were loving each other for the past three years and further she disclosed that she had been sexually assaulted by accused No.1 etc. 4. On receiving the said information, the complainant lodges a complaint against the petitioner and others, the respondent/Police registered a case and submitted the charge-sheet. 5. The submission of the learned counsel for the petitioner that the petitioner and the victim were loving each other for the past three years and decided to marry each other. On 12.02.2025 she had been subjected to sexual assault, however, a complaint came to be lodged on 09.04.2025 and there is a delay in lodging the complaint - 5 - HC-KAR NC: 2025:KHC-D:14179 CRL.P No. 103832 of 2025 and there is no evidence to show that she had been subjected to sexual assault by the petitioner. Even though, the petitioner and other accused have been falsely implicated in this case. 6. It is further submitted that the petitioner is aged about 30 years and he is the resident of Tippu Sultan Nagar, Macche, Belagavi District. He is the only earning member of the family. Hence, he may be enlarged on bail by imposing suitable conditions. 7. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner had committed heinous offence against the minor girl. Therefore, he is not entitled for the relief as prayed for. 8. Learned counsel for respondent No.2 adopted the arguments of the learned High Court Government Pleader and prays to reject the petition. - 6 - HC-KAR NC: 2025:KHC-D:14179 CRL.P No. 103832 of 2025 9. Having heard the learned counsel for the respective parties and also perused the averments of the charge-sheet which would indicate that, the victim and the petitioner were known to each other and they were in love for the past three years. The records would indicate that, the age of the victim is 17 years 11 months 23 days. 10. Be that as it may, as per the submission of the learned counsel for the petitioner, the age of the victim was not known to the petitioner. In fact, he was told that she had completed the age of 18 years. Therefore, he proceeded further to marry her. Having considered the submissions, there is a substance in the submission made by the learned counsel for the petitioner in that regard. Hence, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 11. Accordingly, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:14179 CRL.P No. 103832 of 2025 ii) The petitioner is ordered to be enlarged on bail in Crime No.78/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioner shall not involve in any similar or any other criminal cases. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 19