Dr Sabiha Anegundi W/O Ahamad Vs the State… — Child Sexual Offences (POCSO) | Karnataka HC (2026)

Dr Sabiha Anegundi W/O Ahamad Vs the State… — Child Sexual Offences (POCSO) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Anticipatory-bail direction: petitioner to appear before the Investigating Officer on 29.01.2026 at 10 a.m.; custodial interrogation permitted the same day before 06.00 p.m.; thereafter to be enlarged on bail on a bond of Rs.50,000/- with one surety for the like sum to the satisfaction of the Investigating Officer, subject to conditions (co-operation with investigation, regular court attendance, Sunday reporting until filing of final report, and no threatening of prosecution witnesses).

Issue for consideration

Whether the petitioner, arrayed as (ancipalary/ancillary) accused No.6 in P.S. Crime No. 0127/2025 of Kuknoor Police Station for offences punishable under S.64(2)(m) and 65(1) BNS, S.4, 6 and 21(2) POCSO Act 2012 and S.33, 34 of the Juvenile Justice Act, 2012, is entitled to a direction enlarging her on anticipatory bail in the event of arrest. +1 more

Court's answer

The criminal petition seeking a direction to enlarge the petitioner (ancillary accused No.6) on anticipatory bail is allowed.

Ratio / Principle

The petitioner is directed to join the investigation by appearing before the Investigating Officer positively on 29.01.2026 at 10 a.m.

Key takeaways

The Investigating Officer is at liberty to take the petitioner to custodial interrogation on the same day before 06.00 p.m. and thereafter enlarge her on bail on taking a bond in a sum of Rs.50,000/- with one surety for the like sum, to the satisfaction of the Investigating Officer.ratio¶56
Release is subject to conditions: the petitioner shall co-operate with the investigation in all respects, attend the Court regularly, mark her attendance before the Investigating Officer on every Sunday between 10 a.m. to 02.00 p.m. till the final report is filed, and shall not threaten the prosecution witnesses in any manner.ratio¶64

Detailed headnote1 paragraphs

Anticipatory bail granted (High Court of Karnataka, Dharwad; V. Srishananda, J.; 19-01-2026; CRL.P No. 105493 of 2025 under S.482 BNSS / S.438 CrPC). Petitioner, a Medical Officer who examined high-school girl students under the 'Rashtriya Suraksha Abhiyana' in February 2025, was arrayed as ancillary accused No.6 in Crime No.127/2025 (dt. 26.11.2025, Kuknoor Police Station, Koppal) for offences under S.64(2)(m) & 65(1) BNS, S.4, 6 & 21(2) POCSO Act 2012 and S.33 & 34 Juvenile Justice Act 2012, on a complaint by the District Child Protection Officer (respondent No.3) alleging failure to report the sexual assault on a minor victim girl found seven months pregnant about five months after the examination, and consequent abetment. Her bail attempt had been turned down by the learned Special Judge. The Investigating Officer reported no prima facie material against her and her co-operation with investigation. The Court allowed the petition, directing appearance before the Investigating Officer on 29.01.2026 at 10 a.m., permitting custodial interrogation the same day before 06.00 p.m., followed by enlargement on bail on a bond of Rs.50,000/- with one surety, conditioned on co-operation, regular court attendance, Sunday reporting until the final report is filed, and non-intimidation of prosecution witnesses.

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19^TH DAY OF JANUARY, 2026 BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105493 OF 2025

(438(CR.PC)/482(BNSS))

BETWEEN:

DR SABIHA ANEGUNDI W/O AHAMAD NOOR PASHA BINNAL AGE. 36 YEARS, OCC. DOCTOR, R/O. CHAND BHAVI ONI, KUKNOOR, TQ. YELABURGA, DIST. KOPPAL.

…PETITIONER

(BY SRI. R.H. ANGADI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, KUKNOOR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CAMPUS, DHARWAD 580 011.

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

SRI MARUTI MATARANGI, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. TALLUR VILLAGE, TQ. YELABURGA, DIST. KOPPAL- PIN 583236.

MAHANTSWAMY S/O. VEERAYYA PUJAR AGE. 42 YEARS, OCC. DISTRICT CHILD PROTECTION OFFICER DISTRICT CHILD PROTECITON UNIT KOPPAL R/O. SORATURU, TQ. AND DIST GADAG. 582120.

…RESPONDENTS

(BY SRI. P.N. HATTI, HCGP FOR R1;

SRI M.A. PATHAN AND SRI. A.L. HUSSAIN SHALIBAN, ADVOCATES FOR R3; NOTICE SERVED TO R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS (438 OF CR.P.C), PRAYING TO ISSUE A DIRECTION TO THE

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KUKNOOR POLICE STATION, TO ENLARGE THE PRESENT PETITIONER, WHO IS ARRAYED AS ANCIPALARY ACCUSED NO.6 ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST BY THE KUKNOOR POLICE, IN CONNECTION WITH THEIR P.S. CRIME NO. 0127/2025, FOR THE OFFENCES PUNISHABLE UNDER U/S 64(2)(m),65(1) OF BNS, U/S 4,6,21(2) POCSO ACT 2012 AND U/S 33,34 OF JUVENILE JUSTICE ACT, 2012, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I , KOPPA TO MEET THE ENDS OF JUSTICE.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri. R. H. Angadi, learned counsel for the petitioner, Sri. P. N. Hatti, learned High Court Government Pleader for respondent No.1-State and Sri. Al-Hussain Shaliban, learned counsel for respondent No.3-defacto complainant-District Child Protection Officer.

Petitioner is shown as accused No.6 in Crime No.127/2025 on 26.11.2025 of Kuknoor Police Station, Yelburga Circle, Koppal District.

The allegation leveled against the petitioner is that she was the Medical Officer who conducted a medical examination of the girls as per the ‘Rashtriya Suraksha Abhiyana’ for the high school girl students. The said test

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was conducted in February – 2025. The victim girl was also

examined by the petitioner at that juncture.

Later on, the victim girl was subjected to medical

examination about five months later wherein it is revealed that she was pregnant of seven months. In other words, as on the date of examination of the victim girl by the present petitioner, she was already a pregnant of two months.

Therefore, a complaint is lodged by respondent No.3 including the present petitioner that the present petitioner failed to report the sexual assault committed on the victim girl who was a minor and therefore, abetted the offences committed by the main accused.

The attempt made by the petitioner to obtain an

order of bail is turned down by the learned Special Judge. Thereafter, the petitioner is before this Court.

Learned counsel for the petitioner would submit

that in the scheme there is no scope for examination of a victim girl for the pregnancy test and as such, the petitioner did not bestow attention with regard to the pregnancy of

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the victim girl and on oral enquiry what has been revealed by the victim girl has been recorded by her and thus, she cannot be held responsible for the alleged offence and sought for allowing of the petition.

Per contra, learned High Court Government Pleader for respondent No.1-State and Sri. Al-Hussain Shaliban, learned counsel for respondent No.3 would support registering of the case for the alleged offence against accused No.6 and sought for dismissal of the petition.

The Investigation Officer who was directed to appear before this Court, is present before the Court and also Dr. Netravati, Health Officer, Yelburga, Koppal District is present before this Court.

The Investigation Officer would submit that his investigation did not reveal prima facie materials against the petitioner who had appeared before him in person pursuant to a notice and co-operated with the investigation and also furnished written reply.

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Taking note of these aspects of the matter if the

petitioner is directed to join the investigation by appearing before the Investigation Officer and co-operate with the investigation in a limited custodial interrogation, ends of justice would be met.

12. Accordingly, the following:

ORDER

(i) The petition is allowed.

(ii) The petitioner is directed to join the

investigation by appearing before the Investigation Officer positively on 29.01.2026 at 10 a.m.

(iii) The Investigation Officer is at liberty to

take the petitioner to the custodial interrogation on the same day before 06.00 p.m., and thereafter, enlarge the

petitioner on bail on taking a bond in a sum of Rs.50,000/- with one surety for

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the like sum to the satisfaction of the

Investigation Officer.

(iv) The petitioner shall co-operate with the investigation in all respects.

(v) The petitioner shall attend the Court regularly.

(vi) The petitioner shall mark her attendance before the Investigation Officer on every Sunday between 10 a.m. to 02.00 p.m.,

till the final report is filed.

(vii) The petitioner shall not threaten the

prosecution witnesses in any manner.

Sd/(V.SRISHANANDA)

JUDGE

SMM, CT:CMU LIST NO.: 1 SL NO.: 28