- 1 - HC-KAR NC: 2025:KHC-D:14573 CRL.P No. 104029 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104029 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: IRFAN S/O. HUSAIN SAB ATTAR, AGE. 42 YEARS, OCC. DRIVER, R/O. SHABBIR NAGAR, SHIRAHATTI TQ., GADAG DIST-582120. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH SHIRAHATTI P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. 2. RIJVANA MANGALORE W/O. KAREEM SAB, AGE. 39 YEARS, OCC. TEACHER, R/O. SHABBIRA NAGAR, SHIRAHATTI TQ., GADAG DIST-582120. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. B.D. HIREMATH, ADVOCATE AND SRI. A.M. GUNDAWADE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN S.C (POCSO) NO.73/2025 IN CONNECTION WITH CRIME NO.93/2025 REGISTERED IN SHIRAHATTI P.S. OFFENCE PUNISHABLE UNDER SECTIONS 75, 79, 351(2) OF BNS AND SECTION 8 AND 12 OF POCSO ACT 2012, PENDING TRAIL OF THE CASE, BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, GADAG IN INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14573 CRL.P No. 104029 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.93/2025 of Shirahatti Police Station for the offences under Sections 75, 79, 351(2) of Bhartiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children From Sexual Offences Act, 2012, pending in SC (POCSO) No.73/2025 before the Additional District and Sessions Judge, Gadag1. Brief facts of the case: 2. The case of the prosecution is that, the mother of the victim lodges a complaint stating that the petitioner being a relative, had committed sexual assault on the victim girl on several occasions. On 03.06.2025 around about 08.30 a.m., when the victim was going to school, in front of the house of the petitioner, again the petitioner caught hold the victim and dragged her inside the house. However, she 1 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:14573 CRL.P No. 104029 of 2025 refused and went back to her house and narrated the previous incidents to her mother that how she had been subjected to sexual assault by the petitioner. On hearing the said information, the mother of the victim lodged a complaint before the respondent-police. 3. The respondent-police registered a case and conducted investigation and submitted the charge sheet. 4. Heard Sri. B. Anwar Basha, learned counsel for the petitioner, Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1-State and Sri. B. D. Hiremath and Sri. A. M. Gundwade, learned counsels for respondent No.2. 5. The submission of the learned counsel for the petitioner is that, the petitioner is the relative of the complainant and he had no such intention to commit sexual assault on the victim. In fact, a false complaint has been registered against the petitioner after 8 months from the date of alleged incident. 6. It is further submitted that the maximum punishment imposed for the offences mentioned in the - 4 - HC-KAR NC: 2025:KHC-D:14573 CRL.P No. 104029 of 2025 charge sheet is not less than three years and may extend to five years. Moreover, the petitioner is aged about 42 years and working as a driver and he is having a family and he has three children and a wife. He has to take care of all of them. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner had committed sexual assault on several occasions. He is the father of three children. On 03.06.2025, when the victim was going to her school, again the petitioner tried to commit sexual assault on her. However, she refused to go inside the house and went back to her mother and narrated the incident. When such being the fact, it is not appropriate to grant bail by considerieng the interest of the victim. Making such submissions, he prays to reject the petition. 8. Similarly, learned counsel for respondent No.2 adopted the arguments advanced by the learned High Court - 5 - HC-KAR NC: 2025:KHC-D:14573 CRL.P No. 104029 of 2025 Government Pleader for respondent No.1-State and he further submitted that the petitioner has committed heinous offence who is aged about 42 years and the victim was aged about 9 years as on the date of incident. Though, she is the relative of the petitioner, the petitioner committed heinous offence against the victim who is the same age of his daughter. Hence, it is not appropriate to grant him bail in the interest of victim. Making such submissions, he prays to reject the petition. 9. Having heard the learned counsel for the respective parties and perused the averments of the charge sheet, it appears from the record that the petitioner is stated to have committed sexual assault on the victim who is aged about 9 years. Initially, on 12.09.2024, he has committed sexual assault on her. Subsequently, on 03.06.2025, again he called her to his house, however, she refused and return back to home and narrated the incident to her mother. Thereafter, the mother of the victim lodges a complaint against the petitioner. - 6 - HC-KAR NC: 2025:KHC-D:14573 CRL.P No. 104029 of 2025 10. Be that as it may, the maximum punishment for the offence under Section 8 of the POCSO Act, is five years and the petitioner is having a children and wife and was working as labour and has to take care of his family. Whether he has committed sexual assault on the victim is a matter of trial. However, at this stage having considering the averments of the charge sheet without adverting to the merits of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.93/2025 of Shirahatti Police Station, for the offences under Sections 75, 79, 351(2) of BNS and Sections 8 and 12 of the POCSO, pending in SC (POCSO) No.73/2025 before the Additional District and Sessions Judge, Gadag, on executing personal bond in a sum - 7 - HC-KAR NC: 2025:KHC-D:14573 CRL.P No. 104029 of 2025 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 appear before the Trial Court on all dates of hearing 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: UMD List No.: 1 Sl No.: 50