Allowed

Jaheer Mohammed Rafi v. the State of Karnataka by

Karnataka HC16 Nov 2023CRL.P/9556/2023

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner accused of offences under IPC and POCSO Act. The court noted the victim's statement indicated voluntary relationship and granted bail with conditions including a personal bond, regular appearances, and non-interference with witnesses.

What did the court decide?

Petitioner enlarged on bail in Spl.C.C.No.2279/2023 subject to personal bond of Rs.1,00,000 with two sureties of likesum, regular appearances, no threat to witnesses, no future offences, and no leavin

Jaheer Mohammed Rafi Vs the State of… — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC:40956 CRL.P No. 9556 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 9556 OF 2023

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BETWEEN:

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JAHEER MOHAMMED RAFI S/O CHINNA MASTAN AGED ABOUT 20 YEARS R/AT NO.31/1, 2ND CROSS 5TH MAIN, VASANTHAPPA BLOCK GANGANAGAR, R.T. NAGAR BENGALURU, PIN - 560 032.

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…PETITIONER

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(BY SRI MANJUNATHA S, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY R.T. NAGAR POLICE STATION BENGALURU. REPRESENTED BY STAT PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.

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SRI MASTHAN S/O HUSENAPPA AGE 55 YEARS R/AT NO.32/5, 4TH CROSS 4TH MAIN, VASANTHAPPA BLOCK, GANGANAGAR, R.T.NAGAR BENGALURU, PIN - 560 032.

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…RESPONDENTS

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(BY SRI JAIRAM SIDDI, HCGP FOR R-1; V/O DATED 09.11.2023 R-2 HEALD SUFFICIENT)

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NC: 2023:KHC:40956 CRL.P No. 9556 of 2023

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THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLAGE THE PETITIONER ON BAIL IN CR.NO.270/2023 OF RESPONDENT - R.T. NAGAR POLICE FOR THE OFFENCE P/U/S 363, 376 OF IPC AND SEC. 5(L), 6 OF POCSO ACT, 2012, PENDING ON THE FILE OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-II, BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused in Spl.C.C.No.2279/2023 pending before the Court of Addl. City Civil & Sessions Judge, FTSC-II, Bengaluru, arising out of Crime No.270/2023 registered by R.T.Nagar Police Station, Bengaluru City, for the offences punishable under Sections 376, 366, 363, 506, 342, 341 IPC and Sections 4, 5(l), 6 & 12 of the POCSO Act, 2012, is before this Court under Section 439 Cr.PC.

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Heard the learned Counsel for the parties. Respondent no.2 though served in the matter has remained unrepresented.

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On the basis of the complaint lodged by respondent no.2 dated 09.08.2023, FIR in Crime No.270/2023 was registered for the offence under Section 363 IPC against unknown persons. In the complaint, it is averred that complainant's

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NC: 2023:KHC:40956 CRL.P No. 9556 of 2023

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minor daughter aged about 16 years was found missing from the house from 07.08.2023 onwards. Efforts made by the complainant to trace the missing girl was in vain. Therefore, he has approached the police and lodged the complaint.

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During the course of investigation of the case, petitioner and the victim girl were traced on 15.08.2023. Subsequently, the petitioner was produced before the jurisdictional court and remanded to judicial custody on 16.08.2023. The victim girl was subjected to medical examination on 16.08.2023 and her statement under Section 164 Cr.PC was recorded by the jurisdictional Magistrate on 19.08.2023. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the Trial Court in Crl. Misc. No.8380/2023 was rejected on 08.09.2023. Therefore, he is before this Court.

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Learned Counsel for the petitioner has reiterated the grounds urged in the petition and has prayed to allow the petition.

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Per contra, learned HCGP has opposed the petition.

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NC: 2023:KHC:40956 CRL.P No. 9556 of 2023

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The material available on record would go to show that the petitioner and the victim girl are in love. The victim girl had voluntarily accompanied the petitioner and traveled along with him to Gandlavaripalli village in Andhra Pradesh State and had stayed there in the house of petitioner's relative till 15.08.2023. The victim girl has not made any allegation against the petitioner about sexually assaulting her against her wishes. Even in her statement recorded under Section 164 Cr.PC befor the jurisdictional Magistrate, she has stated that she was in love with the petitioner and after her parents came to know about the same, she was scolded by her parents. A reading of her statement would go to show that she had voluntarily accompanied the petitioner and had stayed in his relative's house till 15.08.2023. The charge sheet allegations made against the petitioner is required to proved in a full-fledged trial. Petitioner is aged about 21 years. Undisputedly, he has no other criminal antecedents and he is in custody from 16.08.2023. Investigation in the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the petitioner has made out a case for grant of regular bail. Accordingly, the following order:

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NC: 2023:KHC:40956 CRL.P No. 9556 of 2023

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The petition is allowed. The petitioner is directed to be enlarged on bail in in Spl.C.C.No.2279/2023 pending before the Addl. City Civil & Sessions Judge, FTSC-II, Bengaluru, arising out of Crime No.270/2023 registered by R.T.Nagar Police Station, Bengaluru City, for the offences punishable under Sections 376, 366, 363, 506, 342, 341 IPC and Sections 4, 5(l), 6 & 12 of the POCSO Act, 2012, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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NC: 2023:KHC:40956 CRL.P No. 9556 of 2023

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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Jaheer Mohammed Rafi v. the State of Karnataka by

Case brief

What is this about?

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Jaheer Mohammed Rafi v. the State of Karnataka by

Case brief

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