Tabrej Aliyas Mahammadtabrej Shaha S/O Manir Shaha Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO THE PETITIONER/ACCUSED NO.3 MAY BE RELEASED ON BAIL IN S.C. NO.27/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 365, 366(A), 376(2)(H), 376(2)(N), 376(3), 313, 504, 506 R/W. 34 OF IPC AND SECTION 5(H), 5(J)(2), 5(L), 5(Q), R/W. 6, 16 R/W 17 OF POCSO ACT 2012 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:8488 CRL.P No. 101335 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard Sri Praveen Hucharaddi learned counsel for petitioner and Sri Jairam Siddi, learned High Court Government Pleader for respondent No.1 – State.

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This petition is filed under Section 439 of the Criminal Procedure Code, 1973 (“Cr.P.C.” for short) (under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) by the petitioner – accused No.3 seeking to grant bail in S.C.No.27/2023 pending on the file of the learned Additional District and Sessions Judge, Gadag.

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Brief facts of the case of prosecution are as under:

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On 01.10.2022, the first informant lodged a complaint to the respondent – police alleging that on 18.09.2022, the victim girl boarded a train at Gadag railway station in order to go Hubballi and from Hubballi to New Delhi. On the same

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HC-KAR

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day at 3:30 p.m., the victim girl left the Gadag railway station and reached Hubballi railway station at 8:00 p.m. At this juncture, accused Nos.2 and 3 came in contact with the minor girl – victim and then she told them that she had to go to New Delhi, where her grandmother was residing. Thereafter, accused Nos.2 and 3 took her to New Delhi. Accused No.2 took the victim girl to the house of his sister. Where accused Nos.2 and 3 confined the victim girl in the house of sister of accused No.2. Where, accused Nos.1 committed aggravated and penetrative sexual assault on her. Hence, a case was registered and the matter was investigated by the Investigating Officer. In turn, the Investigating Officer has filed the charge sheet against the petitioner and others for the offences punishable under Sections 363, 365, 366(A), 376(2)(H), 376(2)(N), 376(3), 313, 504, 506 read with Section 34 of IPC and Sections 5(H), 5(J)(2), 5(L), 5(Q) read with Sections 16 and 17 of the Prevention of Children from Sexual Offices Act, 2012 (“POCSO Act” for short).

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HC-KAR

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Learned counsel for the petitioner vehemently contended that, now the Trial Court has examined in all 19 witnesses out of 47 witnesses and the material witnesses have not stated anything against the petitioner – accused No.3. His role is only “he took the victim in a train up to New Delhi” in a bonafide manner. The petitioner is in judicial custody since two years. He is the only bread earner of his family and he is ready to abide by the conditions to be imposed on him by this Court. Hence, he prayed for grant of bail.

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Learned High Court Government Pleader for respondent No.1 – State contended that the petitioner committed a serious offence of abduction/kidnapping the minor girl. Hence there is a prima facie case against him. If the petitioner is released on bail he may tamper with the prosecution witnesses and he may not be available for trial.

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I have perused the material available on record. The charge sheet material indicates that on 18.09.2022, both accused Nos.2 and 3 and the victim have boarded the

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HC-KAR

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train at Hubballi railway station and went to New Delhi railway station, where, accused Nos.2 and 3 took the victim girl to the house of the sister of accused No.2, wherein accused No.1 committed aggravated penetrative sexual assault on her.

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On perusal of the statement of victim recorded under Section 164 of Cr.P.C., it reveals that the petitioner took the victim girl to the house of sister of accused No.2, wherein accused No.1 committed aggravated penetrative sexual assault on her. The victim was also examined by the prosecution before the Trial Court as PW.1. In her oral testimony, she reiterated the averments made in the statement recorded under Section 164 of Cr.P.C. Hence, she clearly stated role played by accused Nos.2 and 3 in clear terms. Having regard to the material placed on record, the victim girl was below the age of 16 years. The prosecution has placed prima facie materials to prove the involvement of the petitioner in committing alleged offences, which attract the provisions of POCSO Act.

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HC-KAR

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Now the trial is pending before the Trial Court and

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the Trial Court has to examine remaining 28 witnesses. Admittedly, petitioner - accused No.3 is the permanent resident of New Delhi. If he is released on bail, he may threaten the prosecution witnesses and also he may abscond and may not be available for trial. Moreover, accused No.2 is already absconding and a split up charge sheet has been filed. Therefore, considering all these aspects of the matter, it is not a fit case to grant bail. Accordingly, the criminal petition is rejected.

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