Allowed

Shri Kutubuddin Alias Kutubsab S/O Moulasab Nadaf v. the State of Karnataka

Karnataka HC3 Jul 2024CRL.P/101744/2024

Case brief

AI extract

What is this about?

Regular bail petition by the accused in a POCSO and rape case involving alleged kidnapping and sexual assault of the victim over a period of about fifteen days. The court considered the delay in lodging the complaint as relevant and granted bail with conditions including personal bond, no tampering, and appearance on all hearing dates.

What did the court decide?

Petitioner enlarged on bail in Crime No.28/2024 on personal bond of Rs.1,00,000 with one surety, subject to conditions of no tampering and attendance on all hearing dates.

Shri Kutubuddin Alias Kutubsab S/O Moulasab… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:9088 CRL.P No. 101744 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶3

DATED THIS THE 3^RD DAY OF JULY, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S.RACHAIAH

¶6

CRIMINAL PETITION NO. 101744 OF 2024 (439)

¶7

BETWEEN:

¶8

SHRI. KUTUBUDDIN ALIAS KUTUBSAB S/O. MOULASAB NADAF, AGE: 21 YEARS, OCC: PVT. WORK, R/O: BALAGALI, TQ: HUBBALLI, DIST: DHARWAD-587117.

¶9

…PETITIONER

¶10

(BY SRI. R. H. ANGADI, ADVOCATE)

¶11

AND:

¶12

THE STATE OF KARNATAKA (SHIRAHATTI POLICE STATION) R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.

¶13

CHANDRASHEKAR HIGH LAXMANKATTIMANI COURT OFKARNATAKA

¶14

SMT. ZAYEDA BASIRAHAMMAD SUTAR, AGE: 42 YEARS, OCC: LABOURER, KOTI ONI, R/O: SHIRAHATTI, GADAG-582120.

¶15

…RESPONDENTS

¶16

(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2 – SERVED)

¶17

THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL, WHO IS ARRAYED AS ACCUSED IN SHIRAHATTI P.S. CRIME NO.28/2024, FOR THE OFFENCES P/U/SEC. 376(2)(n), 363 OF IPC AND SEC. 4 AND 6 OF POCSO ACT, PENDING IN S.C.NO.25/2024, ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG.

¶18

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

¶19

2 - NC: 2024:KHC-D:9088 CRL.P No. 101744 of 2024

¶20

ORDER

¶21

Heard Sri. R.H. Angadi, learned counsel for the petitioner and Smt. Kirtilata R. Patil, learned High Court Government Pleader for the respondent No.1-State.

¶22

The petitioner is before this Court seeking regular bail in crime No.28/2024 of respondent Police Station, for the offences punishable under Sections 376(2)(n), 363 of IPC and Sections 4 and 6 of POCSO Act.

¶23

Brief facts of the case are:

¶24

It is the case of the complainant that the victim

¶25

was not founded in her house, hence, the complainant herein started searching the whereabouts of the victim, and she could not find her whereabouts. The victim came voluntarily to the house of the complainant after one month from the date of disappearance. When she was questioned as to where she had been all these days, she informed the complainant that she was at Hubballi along with her friend.

¶26

3 - NC: 2024:KHC-D:9088 CRL.P No. 101744 of 2024

¶27

It is further stated in the complaint that the

¶28

victim narrated the incident to the complainant in such a manner that, when the victim was in the Shirahatti Bus stand, after attending her classes around 12.50 p.m., the petitioner started talking with her and requested her that he was loving her and introduced himself that he was the resident of Hubballi. It is further stated that the petitioner took the victim to Belagali and thereafter, he took her to Kalaghatagi to his friend house and introduced her as his wife and stayed for 15 days.

¶29

During the said stay, the petitioner stated to have committed sexual assault on several occasions. After coming to know that the petitioner was not a man of trustable, she went from the said house without informing anybody and reached Shirahatti. After hearing the said information, the complainant lodged a complaint against the petitioner. The jurisdictional police have registered a case in crime No.28/2024 for the offences stated supra.

¶30

4 - NC: 2024:KHC-D:9088 CRL.P No. 101744 of 2024

¶31

After conducting the investigation, submitted the charge sheet.

¶32

6. It is the submission of the learned counsel for

¶33

the petitioner that the alleged incident had taken place on 10.06.2023, however, complaint came to be registered on 13.02.2024. Since, there is delay in lodging the complaint, the averments of the complaint can be seen as doubtful and the bail application of the petitioner may be considered and he may be enlarged on bail by imposing suitable conditions.

¶34

Per contra, learned HCGP vehemently opposed

¶35

the said bail petition and submitted that the victim had not disclosed the fact of the rape to the complainant at the earliest point of time. In fact, the said fact of rape known to the complainant as on the date of filing of the complaint. The victim was narrated the incident to the Police and the jurisdictional police have recorded the statement of the victim and also conducted the mahazar of

¶36

5 - NC: 2024:KHC-D:9088 CRL.P No. 101744 of 2024

¶37

the place where the rape has taken place. Therefore, it is

¶38

not appropriate to grant him bail.

¶39

Having heard the learned counsel for respective

¶40

parties and also perused the averments of the charge sheet, it appears from the record that the victim is stated to have been kidnapped and raped by the petitioner. As per the averments of the charge sheet, the petitioner and the victim stayed near Kalaghatagi for 15 days and on 11.06.2023, she has been subjected to rape by the petitioner. Thereafter, the petitioner committed sexual assault on several times.

¶41

It is further submitted that the victim after coming to know that the petitioner was not a good person, she escaped from the place without informing the petitioner and thereafter, a complaint came to be registered by the mother of the victim on 13.02.2024. After having considered the delay in lodging the complaint, I am of the considered opinion that, it is appropriate to grant bail by imposing suitable conditions.

¶42

¶43

NC: 2024:KHC-D:9088 CRL.P No. 101744 of 2024

¶44

Hence, I proceed to pass the following:

¶45

ORDER

¶46

The petition is allowed.

¶47

The petitioner is ordered to be enlarged on bail in Crime No.28/2024 of respondent Police Station, on executing a personal bond in a sum of Rs.1,00,000/(Rupees One lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:

¶48

a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

¶49

b) The petitioner shall appear before the Trial Court on all hearing dates without fail.

¶50

In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.

¶51

RKM CT:ANB List No.: 1 Sl No.: 9

¶52

Sd/JUDGE

Shri Kutubuddin Alias Kutubsab S/O Moulasab Nadaf v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Kutubuddin Alias Kutubsab S/O Moulasab Nadaf v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anand S/O Dhanapal Patayit Vs the State of Karnataka

Ravi Ravindra S/O Bhimappa Patayit Vs the State of Karnataka

Shri Huvani Alias Hari Parashram Margale, Vs the State of Karnataka

Mohammad Rehan Mulla Vs Praveen S/O Mohan Savanur

Rafiq S/O Laalsab Bepari Vs the State of Karnataka

Santosh Alias Santosh Kumar Vs the State of Karnataka