Shameer Khan Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Shameer Khan Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn with liberty reserved to the appellant to file a fresh appeal; Trial Court directed to frame charges and record the victim's evidence expeditiously, with the bail application to be considered after recording the victim's evidence; pending I.As disposed of as not surviving.

Issue for consideration

Whether the criminal appeal should be permitted to be withdrawn, with liberty to file a fresh appeal, upon the memo filed by learned counsel for the appellant.

Court's answer

Taking the memo of learned counsel for the appellant on record, the appeal stands dismissed as withdrawn, reserving liberty to the appellant as sought for (liberty to file a fresh appeal).

Ratio / Principle

The Trial Court is directed to frame the charges and record the evidence of the victim expeditiously; the application for grant of bail may be considered after recording the evidence of the victim.

Key takeaways

In view of the dismissal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.ratio¶35

Detailed headnote1 paragraphs

Criminal Appeal No. 1333 of 2025 (CRL.A) under Section 14(A)(2) of the SC/ST (POA) Act, 2015, filed by Shameer Khan against the order dated 17.06.2025 in Crl.Misc.No.722/2025 of the Addl. District and Sessions Judge, FTSC II, Bengaluru Rural District, and praying for enlargement on bail in Crime No.258/2025 / Spl.C.No.368/2025 (offences punishable under Sections 65(1) BNS Act, 4, 6, 14 POCSO Act, 3(2)(v) SC/ST (POA) and 66(E) IT Act): during pendency, learned counsel for the appellant filed a memo seeking permission to withdraw the appeal with liberty to file a fresh appeal; taking the memo on record, the Court (S. Rachaiyah, J.) dismissed the appeal as withdrawn, reserving liberty as sought; directed the Trial Court to frame the charges and record the evidence of the victim expeditiously, observing that the application for grant of bail may be considered after recording the victim's evidence; pending interlocutory applications disposed of as not surviving.

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NC: 2025:KHC:30171 CRL.A No. 1333 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

CRIMINAL APPEAL NO. 1333 OF 2025 (U/S 14(A) (2))

BETWEEN:

SHAMEER KHAN S/O. HUSSIAN KHAN AGED ABOUT 19 YEARS R/A KITTANAHALLI DASANAPURA HOBLI BANGALORE NORTH TALUK BENGALURU RURAL DISTRICT ALSO AT HARAPURA VILLAGE AND POST, KUNNATAGI HOBLI SINDHANUR TALUQ RAICHUR DISTRICT …APPELLANT

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI

Location: High Court of Karnataka

(BY SRI. BHADRAVADI SIDDESWARA., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION BANGALORE CITY, (REP. BY THE SPP

HIGH COURT PREMISES

BENGALURU CITY -560 001

xxxx SINCE MINOR REP. BY HER

NATURAL GUARDIAN/FATHER

2 - NC: 2025:KHC:30171 CRL.A No. 1333 of 2025

HC-KAR

D/O KRISHNA KUMAR AGED ABOUT 15 YEARS R/AT GANGAMMA HOUSE RENT KITTANAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH BENGALURU – 562 123 …RESPONDENTS

(BY SMT.PUSHPALATHA B., ADDL. SPP; R2 IS NOTIFIED, VIDE ORDER DATED 29.07.2025)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 17.06.2025 IN CRL.MISC.NO.722/2025 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC II BENGALURU RURAL DISTRICT, BENGALURU AND ENLARGE HIM ON BAIL IN CR.NO.258/2025 SPL.C.NO.368/2025 TRIED FOR OFFENCE PUNISHABLE UNDER SECTION 65(1) OF BNS ACT UNDER SECTION 4, 6, 14 OF THE POCSO ACT UNDER SECTION 3(2)(v) OF SC/ST (POA) AND U/S.66(E) OF IT ACT, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC II BENGALURU RURAL DISTRICT BENGALURU.

THIS APPEAL, COMING ON FOR FURTHER CLARIFICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2025:KHC:30171 CRL.A No. 1333 of 2025

HC-KAR

ORAL JUDGMENT

Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file fresh appeal.

The memo is taken on record.

In view of the memo, the appeal stands dismissed as withdrawn reserving liberty as sought for.

The Trial Court is directed to frame the charges and record the evidence of the victim expeditiously. The application for grant of bail may be considered after recording the evidence of victim.

In view of the dismissal of the appeal, pending I.A’s if any do not survive for consideration. Accordingly, the same are disposed of.

Sd/(S RACHAIAH) JUDGE

JS

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