Allowed

Babusab S/O Mahammadsab Bhagali v. the State of Karnataka Represented by the P.S.I

Karnataka HC24 Jul 2024CRL.P/101821/2024

Case brief

AI extract

What is this about?

Regular bail petition under Section 439 Cr.P.C. in a POCSO and IPC case arising from an alleged abduction and sexual assault. Noting inconsistencies between the victim's complaint and her Magistrate-recorded statement, the court granted bail with conditions.

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs.1,00,000 with one surety, subject to conditions of not tampering with witnesses and appearing on all hearing dates.

Babusab S/O Mahammadsab Bhagali Vs the State… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC-D:10420 CRL.P No. 101821 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL PETITION NO. 101821 OF 2024 (439-)

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BETWEEN:

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BABUSAB S/O. MAHAMMADSAB BHAGALI, AGE: 21 YEARS, OCC: PAINTING WORK, R/O: NEAR GADAGOLI ROAD, HOLEALUR, TQ: RON, DIST: GADAG – 582203.

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…PETITIONER

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(BY SRI. AMAREGOUDA M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY THE P.S.I RON P.S. DIST: GADAG. R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 580001.

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CHANDRASHEKAR LAXMAN KATTIMANI

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BASAVARAJ SHIRAGUMPI S/O. NAGAPPA SHIRAGUMPI, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O: HULLUR, TQ: RON, DIST: GADAG – 582209.

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…RESPONDENTS

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HIGH COURT OF KARNATAKA

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. N.G. RASALKAR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND GRANT BAIL TO THE PETITIONER/ ACCUSED IN CRIME NO.157/2023 DATED 03.09.2023 BEFORE RON POLICE STATION FOR THE OFFENCE P/U/SEC. 363, 342, 506, 376(3) OF IPC AND POCSO ACT U/SEC. 4 AND 6, PENDING IN S.C.NO.92/2023 IN THE COURT OF ADDL. DISTRICT AND SESSION JUDGE AT GADAG.

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

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NC: 2024:KHC-D:10420 CRL.P No. 101821 of 2024

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ORDER

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Heard Sri. Amaregouda M, learned counsel for the petitioner and Smt. Kirtilata R.Patil, learned High Court Government Pleader for the respondent-State and Sri.N.G.Rasalkar, learned counsel for respondent No.2.

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The petitioner is before this Court seeking regular bail in Crime No.157/2023 of respondent Police Station for the offence punishable under Sections 363, 342, 506, 376(3) of IPC and Sections 4 and 6 of POCSO Act.

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It is the case of the complainant that the victim has

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lodged a complainant stating that she was studying in 10^th standard at Government High School. Two years ago, she had been to fair held at Holealur. The petitioner got acquainted in the said fair and requested her to love him. He took the mobile phone number of the victim and used to talk with her and also messaged to her often. Considering his request, the victim started loving him. Around 4 to 5 months ago, when she was talking in the mobile phone with the petitioner, it was caught by her parents and advised her not to talk with the accused. On 13.07.2023, the said petitioner called her mobile and

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3 - NC: 2024:KHC-D:10420 CRL.P No. 101821 of 2024

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requested her to accompany him to go somewhere else from their respective houses. Accordingly, she went around 10.30 am, and he took her on his motorcycle and taken her to Holealur and thereafter, it is stated to have committed sexual assault. Thereafter, he brought her back to her parents house and left her.

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As per the advice of the elders, the victim lodged a complaint. The jurisdictional police have registered a case in Crime No.157/2023 for the offences stated supra.

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It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offence. He has not committed any sexual assault against the victim and he has been falsely implicated in this case. It is further submitted that there is no inconsistency with the statement of the victim before the Magistrate and in the complaint. As per the statement of the victim before the Magistrate, she states that though the petitioner requested her to go to her house, she did not go to her house and told the petitioner that she

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would be beaten by her parents if she goes to the house. However, in the complaint, she lodged a complaint stating that

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4 - NC: 2024:KHC-D:10420 CRL.P No. 101821 of 2024

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she was forcibly abducted by him and committed sexual assault.

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It is further submitted that the petitioner is the earning member of the family and he was doing painting work and permanent resident of Gadagali Road, Holealur, Ron taluk and he is aged about 21 years. He will abide the conditions imposed by this Court, in the event of his release on bail. Making such submission, the learned counsel for the petitioner prays to allow the petition.

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Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted that the petitioner committed heinous offences. This is relating to an inter-religious love affair. The petitioner committed heinous offence against the victim and she was studying in 10^th standard as on the date of the alleged incident. Since the petitioner has committed heinous offence, he is not entitled for bail. Making such submissions, the learned HCGP prays to dismiss the petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and also the complaint, it appears from the record that both

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5 - NC: 2024:KHC-D:10420 CRL.P No. 101821 of 2024

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petitioner and victim were loving each other and as per the instruction of the petitioner, she came out of the house and went along with him and stayed in one house and there she had been subjected to sexual assault.

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However, after the incident, she was traced and

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brought her back on 14.07.2023. Her statement before the Magistrate was recorded on 08.09.2023. The complaint came to be registered on 03.09.2023. After considering the averments of the complaint and the averments of the statement before the Magistrate, it appears that the victim did not go to her house despite his direction. Having considered the inconsistencies in the statement of the victim, it is appropriate to grant him bail by imposing suitable conditions.

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Hence, I proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in Crime No.157/2023 of respondent Police Station, on executing a personal bond for 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:

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

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

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In case, if the petitioner violates any of the bail

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conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.

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Sd/JUDGE

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VMB

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CT:ANB List No.: 1 Sl No.: 6

Babusab S/O Mahammadsab Bhagali v. the State of Karnataka Represented by the P.S.I

Case brief

What is this about?

What did the court decide?

Babusab S/O Mahammadsab Bhagali v. the State of Karnataka Represented by the P.S.I

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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