Successive bail petition under Section 439 Cr.P.C. in a rape, extortion-by-video and outraging-modesty case. Trial nearly complete with most witnesses examined. Court found no new ground for bail, citing risk of absconding, and dismissed the petition.
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NC: 2024:KHC-D:17849 CRL.P No. 103348 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 103348 OF 2024
BETWEEN:
MOHAMMAD AJARUDDIN S/O ABDUL HAMEED AGE. 38 YEARS, OCC: GOVERNMENT TEACHER R/O. MASIDI ONI, AMMINBHAVI NEAR AMBADASA NILAYA ANATHASHRAMA DHARWAD NOW AT J.P. NAGAR, KARATAGI TQ. KOPPAL DISTRICT.
…PETITIONER
(BY SRI ABHINANDAN M GUNDAWADE, ADVOCATE)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
AND:
STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, AT DHARWAD THROUGH KARATAGI POLICE STATION.
…RESPONDENT
(BY SMT. GIRIJA HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF Cr.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SC.No.82/2022, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) FOR THE ALLEGED OFFENCES U/S 376, 354, 355, 323, 504, 506, 201 OF IPC AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
accused under Section 439 of Cr.P.C, seeking bail in Crime No.140/2022 at Karatagi Police Station registered for the offences under Sections 376, 354, 355, 323, 504 and 506
of the Indian Penal Code, 1860 (for short hereinafter referred to as ‘IPC’) and Section 66E of the Information Technology Act, 2000 (for short hereinafter referred to as ‘I.T.Act’) .
had video graphed the sexual act with the complainant. The petitioner – accused, thereafter, by taking undue advantage of the video graph containing sexual act of him with the complainant, by showing her has often harassed her in having sexual activity with her by threatening her that, if she does not heed in having sexual activity, he would show the said video in her parental home and damage her image and respect. It is further stated that, the complainant requested the petitioner – accused not to blackmail her and she made up her mind to commit suicide, but because of her daughter, who was a minor and handicapped, has not resorted to such an act. That on 30.06.2022 at around 5:00pm when the complainant was residing in her house at Karatagi, the petitioner – accused came to her house, abused her, harassed and caught hold her saree and attempted to squeeze her neck and tried to outrage the modesty of the complainant. When the acts of this petitioner – accused were brought to the notice of her husband, he requested the petitioner – accused not to commit such illegal acts and at that time, the petitioner –
accused made a demand of Rs.10,00,000/-, or else, he would make the video graph viral. The said complaint came to be registered in Karatagi Police Station Crime No.140/2022 for the offences punishable under Sections 376, 355, 354, 323, 504, 506 and 201 of IPC and Section 66E of I.T.Act. The Investigating Officer has filed charge sheet against the petitioner – accused. The petitioner – accused who was arrested on 03.07.2022 and who is in judicial custody, filed Criminal Miscellaneous No.885/2022 seeking bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Koppal, sitting at Gangavathi, by order dated 03.11.2022.
Crl.P.No.103684/2022 seeking bail and the same came to be rejected by this Court by order dated 12.12.2022. Thereafter, the petitioner – accused had filed bail application in S.C.No.82/2022 and the same came to be
rejected by order dated 05.09.2024. Therefore, the petitioner – accused is before this Court seeking bail.
for the petitioner – accused and learned High Court Government Pleader for the respondent – State.
there is a contradiction in that regard. Wife of the petitioner – accused has handed over mobile of the petitioner – accused to the police, who seized the same. The prosecution has not produced Section 65B certificate with regard to the video containing all the alleged acts of sexual intercourse by the petitioner – accused with the
victim lady in his mobile phone. The petitioner – accused is the resident of Karatagi village and the victim lady is the resident of Singapur and therefore, the alleged incident having taken place at Karatagi village is doubtful. The petitioner – accused is a married man having wife and son and old aged mother who is suffering from ailments. On these grounds, he prayed to allow the petition.
Charge sheet material reveal that the petitioner – accused has uploaded the video of the sexual act with the
complainant in the social media and it has been viewed by CWs.8 to 12. The wound certificate would indicate that the victim lady has sustained injuries. Merely because there is some contradiction in mentioning the date in the complaint and the wound certificate regarding the date of the incident, it is not a ground for grant of bail. The petitioner – accused has uploaded the obscene video containing the sexual act with the victim lady in the social media. The prosecution has already examined majority of the charge sheet witnesses. The trial is at the conclusion stage. If the petitioner – accused is now granted bail, there are chances of he absconding and hampering the further trial. Considering all these aspects, the petitioner – accused has not made out any new ground for grant of bail in this successive petition. Hence, the following;
ORDER
The petition is dismissed .
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
GH/List No.: 19 Sl No.: 2
1 issue framed by the court
Whether a successive bail petition should be granted in a case of rape and blackmail via an obscene video when the trial is at the conclusion stage.
3 provisions across 3 enactments
Mohammad Ajaruddin S/o Abdul Hameed
State of Karnataka by State Public Prosecutor, High Court of Karnataka Dharwad Bench, through Karatagi Police Station
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
