Allowed

Shri Rafiqahmad v. the State of Karnataka

Karnataka HC10 Jan 2024CRL.P/103283/2023

Case brief

AI extract

What is this about?

The High Court allowed a successive bail petition filed under Section 439 Cr.P.C. regarding a POCSO and IPC case. The court noted the victim and complainant turned hostile after examination and held that extended custody served no purpose.

What did the court decide?

Petitioner ordered to be released on bail by Trial Court subject to bond of Rs. 2,00,000 and conditions including attendance and restriction on leaving jurisdiction.

Shri Rafiqahmad Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC-D:637 CRL.P No. 103283 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 103283 OF 2023

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BETWEEN:

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SHRI. RAFIQAHMAD S/O BABUSAB ASUNDI, AGED ABOUT 31 YEARS, OCCUPATION: DRIVER, R/O: BHAGYANAGAR , RAMADURG, TALUK: RAMADURG, DISTRICT: BELAGAVI - 591 123.

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…PETITIONER

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(BY SRI. S.M.MUCHANDI, ADVOCATE)

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AND:

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VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPIDate:2024.01.2211:58:24 +0530

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THE STATE OF KARNATAKA THE POLICE INSPECTOR YAMAKANAMARADI, TALUK: HUKKERI , DISTRICT: BELAGAVI - 591 246. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH - 580 011.

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SMT. BIBI AYESHA W/O MEHABOOBSAB JAVALI, AGED ABOUT 35 YEARS, OCCUPATION: LABOUR, R/O NEAR BUS STAND, RAMADURG, PRESENTLY R/AT: HUDKO COLONY, KARKALA, TALUK: KARKALA, DISTRICT: UDUPI - 574 104.

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…RESPONDENTS

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(BY SRI. PRAVEEN Y. DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 DISPENSED WITH)

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2 - NC: 2024:KHC-D:637 CRL.P No. 103283 of 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. SEEKING THAT THE PETITION MAY ALLOWED AND PETITIONER/ ACCUSED MAY BE ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE CONDITIONS IN YAMAKANAMARADI P.S. CRIME NO, 115/2021 UNDER SECTIONS 376, 506, 323, 450 OF IPC AND SESSION 3(A), 4, 5(J)(II)(L), 6 AND 8 OF POCSO ACT OF PENDING TRIAL IN S.C. NO.185/2021 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI.

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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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Learned HCGP takes notice for the respondent

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No.1/State.

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Looking to the facts and circumstances of the case, issuing notice to victim/respondent No.2 is dispensed with.

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The petitioner filed this successive bail petition, under Section 439 of Cr.P.C., for granting bail in Crime No.115/2021 registered by Yamakanamaradi police station, Belagavi and charge sheeted for the offence punishable under Sections 376, 506, 323 and 450 of IPC and Sections 3(a), 4, 5(J)(II)(L), 6 and 8 of POCSO Act, pending on the file of Addl. District and Sessions Judge, FTSC-I, Belagavi in S.C.No.185/2021.

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Heard the arguments of learned counsel for the petitioner and learned HCGP for respondent No.1.

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3 - NC: 2024:KHC-D:637 CRL.P No. 103283 of 2023

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The case of the prosecution is that on the complaint of the respondent No.2, police registered FIR. It is alleged by the complainant that victim girl used to stay in Aralikatte village and when the complainant was out of the house, the accused took the advantage when the victim was alone in the house and committed sexual assault on the victim. When the menstrual period was skipped, on enquiry, she has revealed that the victim was pregnant due to the petitioner. Accordingly, the police registered FIR and arrested the petitioner on 15.06.2021. He was remanded to judicial custody. His bail petition came to be rejected twice by this court. Once again the petitioner is before this court

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Having heard the arguments and perused the records,

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which reveals the petitioner is in custody from 15.06.2021. The allegation against the petitioner is that he has committed sexual assault on the victim girl. This court had dismissed the petition on 25.1.2023 in Crl.P.No.102216/2022 and while dismissing the petition, this court had granted liberty to approach this court after the examination of the victim girl. Now the victim girl has been examined, apart from the complainant. Both of them have turned hostile and not

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4 - NC: 2024:KHC-D:637 CRL.P No. 103283 of 2023

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supported the prosecution case. The victim has categorically denied the sexual assault on her by the accused person. Even the Public prosecutor cross examined the PW2/victim girl, nothing has been elicited.

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Considering the facts and circumstances of the case, the trial is already begun. Both the victim and the complainant turned hostile. The petitioner is in custody from 15.6.2021 almost more than 1½ years. Therefore, looking to the facts and circumstances of the case, keeping the petitioner in custody will not serve any purpose except conclusion of the trial. Considering the same, I am of the view, the petitioner is entitled for the bail application.

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Order

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Accordingly, this successive bail petition is allowed .

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The petitioner-accused is ordered to be released on

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bail by the Trial Court in Crime No.115/2021 registered by Yamakanamaradi police station, pending on the file of Addl. District and Sessions Judge, FTSC-I, Belagavi in S.C.No.185/2021, subject to the following conditions:

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5 - NC: 2024:KHC-D:637 CRL.P No. 103283 of 2023

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(i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- ( Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court/Committal Court;

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(ii) Petitioner shall not indulge in similar offences strictly;

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(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

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(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court.

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(v) Petitioner shall mark his attendance before the concerned police once in a month on every second day of the calendar month, until the disposal of the case..

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AKV

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Sd/JUDGE

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List No.: 19 Sl No.: 1 CT:SK

Shri Rafiqahmad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Rafiqahmad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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