Allowed

Sri Imamsab S/O Manthralli Hussainsab v. State of Karnataka

Karnataka HC22 Nov 2024CRL.P/103252/2024

Case brief

AI extract

What is this about?

Accused in a POCSO case sought regular bail after his earlier bail applications were dismissed or not pressed. The court granted bail noting he had been in custody for over two years, the DNA test excluded him as the biological father of the child born to the minor victim, and the victim had already been examined.

What did the court decide?

Petitioner enlarged on bail on executing personal bond of Rs.1,00,000 with two sureties, subject to conditions of regular appearance and non-tampering.

Sri Imamsab S/O Manthralli Hussainsab Vs… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC-D:17071 CRL.P No. 103252 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 103252 OF 2024

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BETWEEN:

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SRI IMAMSAB S/O MANTHRALLI HUSSAINSAB AGE 21 YRS, OCC. AGRICULTURE R/O NAGENAHALLI VILLAGE TQ. GANGAVATHI, DIST. KOPPAL.

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…PETITIONER

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(BY SRI NEELENDRA D. GUNDE, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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STATE OF KARNATAKA BY GANGAVATHI TOWN POLICE STATION R/BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD - 580 001.

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…RESPONDENTS

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(BY SRI JAIRAM SIDDI, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (483 OF BNSS, 2023) SEEKING SET ASIDE THE ORDER PASSED BY THE ADDL. DISTRICT AN SESSIONS JUDGE FTSC-1, KOPPAL IN SPL.SC. POCSO NO56/2022 DATED 01.06.2024 IN CRIME NO.174/2022 OF GANGAVATHI TOWN P.S. FOR THE OFFENCES PUNISHABLE U/S 376(2)(n), AND SECTION 4 AND 6 OF POCSO ACT AND SECTION 3(2) (5) OF SC/ST AMENDMENT ACT 2015 AND GRANT BAIL.

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NC: 2024:KHC-D:17071 CRL.P No. 103252 of 2024

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

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CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused in Spl.S.C.POCSO.No.56/2022 pending before the Court of Addl. District & Sessions Judge-FTSC1, Koppal, arising out of Crime No.174/2022 registered by Gangavathi Town Police Station, Koppal District for the offence punishable under Sections 376(2)(n) of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v-a)of SC & ST (Prevention of Atrocities) Amendment Ordinance, 2014 is before this Court seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.99/2022 was registered by Kampli Police Station, against the petitioner, on the basis of first information dated 07.08.2022 received from victim

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girl, aged about 17 years, who is the daughter of

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3 - NC: 2024:KHC-D:17071 CRL.P No. 103252 of 2024

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respondent No.2 herein. Subsequently, for want of jurisdiction, the first information was transferred to Gangavathi Police Station and numbered in Crime No.174/2022. During the course of investigation, the petitioner was arrested and produced before the jurisdictional Court on 27.09.2022 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences.

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The earlier bail application filed by the petitioner before this Court in Crl.A.No.100418/2023, was dismissed as not pressed with liberty to the appellant to approach this Court afresh, after examination of victim girl

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is completed before the Trial Court. Thereafter, the petitioner had filed bail application before the jurisdictional Sessions Court in Spl.S.C.POCSO.No.56/2022 which was dismissed on 01.06.2024. Therefore, he is before this Court.

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4 - NC: 2024:KHC-D:17071 CRL.P No. 103252 of 2024

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Learned counsel for the petitioner submits that the petitioner and the victim girl are acquainted to each other. The petitioner is in custody for the last more than two years. He has no criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra , learned HCGP has opposed the

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petition.

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The first informant, who is the victim girl in the present case has stated in her first information that she was acquainted with the petitioner and they were working together earlier . It is alleged in the first information that about 9 months prior to she lodging the first information, on 17.11.2021 after completing the catering work, all workers had slept in a room and on the said night, the petitioner allegedly took her to hall adjacent to the room in which they were sleeping and had sex against her wishes. As a result, she got pregnant and she gave birth to a child. Thereafter, she had approached the police. During the course of investigation of the case, the

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5 - NC: 2024:KHC-D:17071 CRL.P No. 103252 of 2024

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petitioner was arrested on 27.09.2022. investigation in the case is complete and charge sheet has been filed.

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DNA test report of the victim girl is now available before this Court which would go to show that, the petitioner is excluded from being the biological father of the child born to the victim girl. The victim girl has been already examined before the Trial Court as PW.1. Therefore, there cannot be any apprehension that the petitioner is likely to tamper with the material charge sheet witness. In addition to the aforesaid, the petitioner is in custody for the last more than two years.

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Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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6 - NC: 2024:KHC-D:17071 CRL.P No. 103252 of 2024

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The petitioner is directed to be enlarged on bail in Spl.S.C.POCSO.No.56/2022 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Koppal, arising out of Crime No.174/2022 registered by Gangavathi Town Police Station, Koppal District for the offence punishable under Sections 376(2)(n) of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v-a)of SC & ST (Prevention of Atrocities) Amendment Ordinance, 2014, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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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NC: 2024:KHC-D:17071 CRL.P No. 103252 of 2024

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d) 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/(S.VISHWAJITH SHETTY) JUDGE

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NMS

Sri Imamsab S/O Manthralli Hussainsab v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Imamsab S/O Manthralli Hussainsab v. State of Karnataka

Case brief

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