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Saddam Husen v. the State of Karnataka

Karnataka HC19 Dec 2025CRL.P/14811/2025

Case brief

AI extract

What is this about?

Conditional bail under Section 483 BNSS in POCSO/BNS case; minor victim aged 16 (DOB 25.01.2009); Section 183 BNSS statement contained no allegation of sexual assault against accused; victim refused medical examination; charge sheet filed — no custodial interrogation required; no criminal antecedents; personal bond Rs.1,00,000/- with one surety; CRL.P No. 14811 of 2025; High Court of Karnataka; Justice Shivashankar Amaranannavar; decided 19.12.2025.

What did the court decide?

Bail granted in Special Case No.1038/2025 (Crime No.33/2025 of Vidyaranyapura Police Station) subject to: (i) personal bond of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the trial Court; (ii) no tampering with prosecution witnesses directly or indirectly; (iii) appearance before the trial Court on all dates of hearing unless exempted.

Saddam Husen Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the sole accused in Special Case No.1038/2025 (Crime No.33/2025 of Vidyaranyapura Police Station), charged under Sections 64(2)(m) and 87 of BNS, 2023 and Sections 5(L) and 6 of POCSO Act, 2012, should be granted bail under Section 483 of BNSS.

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Court's answer

Considering that the victim's Section 183 BNSS statement makes no allegation of sexual assault by the petitioner, she refused medical examination, the charge sheet is filed so he is not required for custodial interrogation, and he has no criminal antecedents, the petitioner has made out a case for grant of bail with conditions.

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Ratio / Principle

The Criminal Petition is allowed and the petitioner is granted bail in Special Case No.1038/2025 (Crime No.33/2025 of Vidyaranyapura Police Station) pending on the file of the Additional District and Sessions Judge, FTSC-IV (POCSO), Bengaluru, subject to conditions: personal bond of Rs.1,00,000/- with one surety for the like-sum, no tampering with prosecution witnesses, and appearance before the trial Court on all dates of hearing.

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Detailed headnote1 paragraphs

Bail under Section 483 BNSS granted to the sole accused in Crime No.33/2025 (Special Case No.1038/2025) — offences punishable under Sections 64(2)(m) and 87 of BNS, 2023 and Sections 5(L) and 6 of POCSO Act, 2012 — pending before the Additional District and Sessions Judge, FTSC-IV (POCSO), Bengaluru. Grounds: the victim girl (aged 16; DOB 25.01.2009), in her statement recorded under Section 183 of BNSS, made no allegation of sexual assault by the petitioner; she refused consent to medical examination; the charge sheet having been filed, the petitioner was not required for custodial interrogation; and he had no criminal antecedents. Bail granted subject to conditions: personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum; no tampering with prosecution witnesses; appearance before the trial Court on all dates of hearing. Single judge: Hon'ble Mr. Justice Shivashankar Amaranannavar; order dated 19.12.2025.

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NC: 2025:KHC:54434 CRL.P No. 14811 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14811 OF 2025 [(439(Cr.PC) / 483(BNSS)]

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BETWEEN:

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SADDAM HUSEN S/O GOKUL SAB, AGED ABOUT 22 YEARS, RESIDENT OF NO.15, 8^TH CROSS, RAGHAVENDRA COLONY, VIDYARANYAPURA, BENGALURU-560 097.

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…PETITIONER

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(BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY INSPECTOR OF POLICE, VIDYARANYAPURA POLICE STATION, BENGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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SAYED FAYAZ, S/O LATE SYED GHAFOOR, AGE: 45 YEARS, R/O. NO.256, NEAR KOYAS FACTORY, M.S. PALYA, VIDYARANYAPURA, BENGALURU - 560 097.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA FOR R1; SRI. ABDUL MAJID, ADVCOATE FOR R2 - ABSENT)

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NC: 2025:KHC:54434 CRL.P No. 14811 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO GRANTING HIM BAIL IN VIDYARANYAPURA POLICE STATION, BENGALURU IN CRIME NO.33/2025 (SPECIAL CASE NO.1038/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(m), 87 OF BNS, 2023 AND SECTIONS 5(L) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 PENDING ON THE FILE OF THE FAST TRACK SESSIONS COURT - IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Special Case No.1038/2025 (Crime No.33/2025 of Vidyaranyapura Police Station) pending on the file of Additional District and Sessions Judge, FTSC-IV (POCSO), Bengaluru, registered for offences punishable under Sections 64(2)(m) and 87 of Bharatiya Nyaya Sanhita, 2023 and under sections 5(L) and 6 of Protection of Children from Sexual Offences Act.

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3 - NC: 2025:KHC:54434 CRL.P No. 14811 of 2025

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HC-KAR

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Heard learned counsel for petitioner and

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learned High Court Government Pleader for respondent No.1 - State. Learned counsel for respondent No.2 is absent.

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Learned counsel for petitioner would contend that, the victim girl has not made any allegation against this petitioner of any sexual assault on her by the petitioner in her statement recorded under Section 183 of BNSS. The victim girl has refused to undergo medical examination. The victim girl is aged sixteen (16) years and she knows the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.

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Per contra, learned High Court Government Pleader for respondent would contend that, the victim girl is aged sixteen (16) years and her date of birth is 25.01.2009. The victim girl has stated in her statement before the Police of the acts of the petitioner. The charge

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NC: 2025:KHC:54434 CRL.P No. 14811 of 2025

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HC-KAR

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sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition.

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Having heard the learned counsels appearing

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for parties, the Court has perused the charge sheet and other materials placed on record.

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As per the charge sheet, the case of the prosecution is that, the petitioner and the victim girl were in love affair. The petitioner promising to marry the victim girl took her to Bengaluru, Andhra Pradesh and other places and had sexual intercourse and came back with her to Bengaluru 30.01.2025. The statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has not made any allegation of sexual assault on her by the petitioner. The victim girl has not given consent for her physical examination by the doctor. As the charge sheet is filed, the petitioner is not required for custodial

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5 - NC: 2025:KHC:54434 CRL.P No. 14811 of 2025

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HC-KAR

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interrogation. There are no criminal antecedents of the petitioner.

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Considering all the above aspects, the petitioner

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has made out a case for grant of bail with conditions. In the result, the following;

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ORDER

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The Criminal Petition is allowed . The petitioner is

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granted bail in Special Case No.1038/2025 (Crime No.33/2025 of Vidyaranyapura Police Station) pending on the file of Additional District and Sessions Judge, FTSC-IV (POCSO), Bengaluru, subject to following conditions:

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i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.

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ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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6 - NC: 2025:KHC:54434 CRL.P No. 14811 of 2025

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HC-KAR

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iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 5

Saddam Husen v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Saddam Husen v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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