Saddamhussain Alias Husainsab S/O Mehaboobsab Khairati Vs the State of Karnataka

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NC: 2025:KHC-D:12839 CRL.P No. 102990 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22^ND DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102990 OF 2025 (439(CR.PC)/483(BNSS))

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BETWEEN:

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SADDAMHUSSAIN @ HUSAINSAB S/O MEHABOOBSAB KHAIRATI, AGE. 36 YEARS, OCC. COOK, R/AT: HUBLI MANTUR ROAD, KRUPA NAGAR, NEAR GUDGERI HALL, BHARTI NAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 028.

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… PETITIONER

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(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)

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AND:

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RAKESH S HARIHAR

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Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE STATE OF KARNATAKA, BENDIGERI POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011.

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SHABHANA W/O MUSTAQ @ MUSTAFA MAKANDAR, AGE. 39 YEARS, OCC. LABOURER, R/AT: INDIRA NAGAR, ALNAVAR, TQ. ALNAVAR, DIST. DHARWAD-581 103.

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… RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN SPL. SC. NO.67/2024 PENDING ON THE FILE OF 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND SPECIAL COURT FOR

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NC: 2025:KHC-D:12839 CRL.P No. 102990 of 2025

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HC-KAR

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TRIAL OF THE OFFENCES UNDER THE P.O.C.S.O. ACT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376 AND 506 OF IPC 1860, UNDER SECTIONS 6 OF POCSO ACT, ARISING OUT OF BENDIGERI P.S. CRIME NO.80/2024, IN THE INTEREST OF JUSTICE.

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

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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. SC No.67/2024 pending before the Court of

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II Additional District and Sessions and Special Judge, Dharwad, arising out of Crime No.80/2024 registered by Bendigeri Police Station, Hubballi-Dharwad, for offences punishable under Sections 376 and 506 of IPC and Section 6 of the POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and respondent No.2, who is present in-person before the Court.

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FIR in Crime No.80/2024 was registered by Bendigeri Police Station, Hubballi-Dharwad, for the aforesaid offences against the petitioner herein based on the first information dated

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HC-KAR

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20.07.2024 received from respondent No.2, who is the mother of the victim girl, aged about 17 years. During the course of investigation, petitioner was arrested on 24.06.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Spl. SC No.67/2024 was rejected on 20.06.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner, who has no other criminal antecedents is in custody for the last nearly 15 months. He is a married man having small children. The victim girl is now married and she is residing in her matrimonial house. She has not appeared before the Trial Court on the last three dates of hearing to record her evidence. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition on the ground that the victim girl was a minor as on the date of alleged incident. Respondent No.2, who is present in-person before the Court, has stated that she has no objection to allow the petition

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NC: 2025:KHC-D:12839 CRL.P No. 102990 of 2025

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HC-KAR

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and she has also not disputed the submission made by learned counsel for the petitioner.

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First informant is the elder sister of petitioner's wife. It appears that since petitioner's wife was pregnant, to take care of her, the victim girl aged about 17 years, who is the daughter of the first informant, was staying in the house of petitioner. On 21.06.2024, victim girl had complained of stomach pain and therefore, she was taken to Hospital and after she was medically examined, the Doctor had informed her parents that victim girl was pregnant. In the Hospital, the victim girl had suffered abortion and thereafter, her mother had approached the police on 20.07.2024 and based on her first information, FIR was registered against the petitioner for alleged offences.

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Petitioner, who has no other criminal antecedents, is in custody for the last 15 months. He is said to be a married man having children and learned counsel for the petitioner has submitted that petitioner is the sole bread winner of the family. The submission made by learned counsel for the petitioner that

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the victim girl is now married and she is residing in her matrimonial house is not disputed by the mother of the victim

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5 - NC: 2025:KHC-D:12839 CRL.P No. 102990 of 2025

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HC-KAR

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girl, who is present in-person before the Court. The mother of the victim girl has stated that she has no objection to allow the petition.

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Learned counsel for the petitioner has produced the order sheet of the Trial Court and a perusal of the same would go to show that on the last three dates of hearing, the victim girl had not appeared before the Trial Court for the purpose of recording her evidence. The Trial Court has therefore, now issued nonbailable warrant against victim girl (CW10) and also against her parents and the matter is adjourned to 18.10.2025. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Spl. SC No.67/2024 pending before the Court of II Additional District and Sessions and Special Judge, Dharwad, arising out of Crime No.80/2024 registered by Bendigeri Police Station, Hubballi-Dharwad, for offences

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NC: 2025:KHC-D:12839 CRL.P No. 102990 of 2025

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HC-KAR

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punishable under Sections 376 and 506 of IPC and Section 6 of the POCSO Act, 2012, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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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d) The petitioner shall not involve in similar offences in future;

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e) 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)

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JUDGE

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DN CT:BCK LIST NO.: 1 SL NO.: 19

Saddamhussain Alias Husainsab S/O Mehaboobsab Khairati v. the State of Karnataka

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Saddamhussain Alias Husainsab S/O Mehaboobsab Khairati v. the State of Karnataka

Case brief

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