Yousuf Khan v. State of Karnataka

Karnataka HC10 Jan 2025CRL.P/13453/2024

Case brief

AI extract

What is this about?

Regular bail petition withdrawn with liberty to reapply; accused Yousuf Khan; offences Ss.370, 376, 506 r/w 34 IPC and Ss.6 & 17 POCSO Act 2012; Cr.No.132/2024 Tumakuru Women PS; Spl.C.C.No.656/2024 before ADJ (FTSC-I) Tumakuru; arrested 04.07.2024, judicial custody; charge sheet filed post crime-stage bail attempt; Sessions Judge to consider fresh bail petition expeditiously; filed u/s 439 Cr.PC / 483 BNSS; Justice Mohammad Nawaz; Karnataka HC, 10-01-2025.

What did the court decide?

Permission to withdraw the petition with liberty to file a fresh bail petition before the Sessions Court; no bail granted by this Court. ¶¶24

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

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NC: 2025:KHC:987 CRL.P No. 13453 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13453 OF 2024 (439(Cr.PC) /

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483(BNSS))

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BETWEEN:

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YOUSUF KHAN S/O ABEEB KHAN, AGED ABOUT 27 YEARS, R/AT HMS COMPLEX, TUMAKURU AND C/O NEAR ARFATH MASJID, 2^ND CROSS, RAJIVGANDHINAGAR, TUMAKURU-572 101.

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…PETITIONER

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(BY SRI. M. SHASHIDHARA, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA BY TUMAKURU WOMEN PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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VICTIM GIRL IS REPRESENTED BY HER MOTHER PARIMALA W/O LATE GARELAL, AGED ABOUT 40 YEARS, PERMANENT R/O RANCHI, BIHAR, NOW R/AT: BESIDE RELIANCE MALL, M.G. STADIUM, KUVEMPUNAGARA, TIPTUR, TUMAKURU-572 101.

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…RESPONDENTS

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(BY SRI. RANGASWAMY.R, HCGP, ADVOCATE)

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NC: 2025:KHC:987 CRL.P No. 13453 of 2024

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE ABOVE NAMED PETITIONER ON REGULAR BAIL IN SPL.C.C.NO.656/2024 ORIGINATED FROM CR.NO.132/2024 OF THE RESPONDENT TUMAKURU WOMEN POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 370, 376, 506 R/W 34 OF INDIAN PENAL CODE, SECTION 6 AND 17 OF POCSO ACT, 2012, WHICH IS PENDING BEFORE THE HON’BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-I), AT TUMAKURU.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Learned counsel for petitioner after arguing for sometime has sought permission of the Court to withdraw the petition with liberty to file a fresh petition before the Sessions Court, in view of filing of charge sheet.

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Petitioner was arrested on 04.07.2024. He is in judicial custody since then. He had approached the Sessions Court seeking bail during crime stage. Since the charge sheet is now filed, petitioner can be given an opportunity to file a petition before the Sessions Court seeking bail. If any such petition is filed, the learned

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NC: 2025:KHC:987 CRL.P No. 13453 of 2024

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Sessions Judge shall consider the same in accordance with

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law and dispose it as expeditiously as possible.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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HB/List No.: 1 Sl No.: 43