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NC: 2024:KHC-K:3476
CRL.P No. 201786 of 2023

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 31ST DAY OF MAY, 2024

BEFORE

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

CRIMINAL PETITION NO. 201786 OF 2023 (439)

BETWEEN:

MD. ASIF S/O SHAIK ABDUL,

AGE: 22 YEARS, OCC: BUSINESS,
R/O. NEAR GOUSIYA MASJID, MANVI,
NOW AT NEAR WATER TANK,
LAKSHMI CAMP, PWD CAMP,
SINDHANUR, TQ: SINDHANUR,
DIST: RAICHUR-584 101.
…PETITIONER
(BY SRI MAHANTESH PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

R/BY ADDL. SPP., HCK,
Digitally signed
by SHILPA R KALABURAGI BENCH-585 102.
TENIHALLI
Location: (THROUGH SHO OF SINDHANOOR TOWN P.S.
HIGH COURT
OF DISTRICT RAICHUR-584 101)
KARNATAKA

2. SMT. FATHIMA BEGUM W/O HUSEN BASHA,

AGE: 50 YEARS, OCC: HOUSEWIFE,
R/O. WARD NO.06,
KATEBES SINDHANUR,
TQ: SINDHANUR,
DIST: RAICHUR-584 101.
…RESPONDENTS

(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R-1;

R-2 SERVED)
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CRL.P No. 201786 of 2023

THIS CRL.P. IS FILED IS U/S. 439 OF CR.P.C PRAYING TO

GRANT THE REGULAR BAIL TO THE PETITIONER IN SPL.CASE
(P) NO.1341/2022 (CRIME NO.124/2022) REGISTERED BY THE
SHO SINDHANOOR TOWN POLICE STATION, DIST. RAICHUR,
FOR THE OFFENCE PUNISHABLE U/S 363, 366(A), 376(N) AND
506 OF IPC AND SECTIONS 4 AND 6 POCSO ACT, 2012,
PENDING ON THE FILE OF I-ADDL. SESSIONS JUDGE,
RAICHUR.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Accused in Crime No.124/2022 registered by the

Sindhanoor Town Police Station, Kalaburagi for the

offences punishable under Sections 366A, 376(n) and 506

of Indian Penal Code and Sections 4 and 8 of Protection of

Children from Sexual Offences Act now pending before the

Court of I Additional District and Sessions Judge, Raichur

in Special case (P) No.1341/2022 is before this Court

under Section 439 of Code of Criminal Procedure seeking

regular bail.

2. Heard learned counsel for the petitioner and

learned High Court Government Pleader for respondent

No.1/State. Respondent No.2 who is served in the matter

has remained unrepresented before this Court.

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3. FIR in Crime No.124/2023 was registered on

03.08.2022 against petitioner herein initially for offence

punishable under Section 363 of IPC on the basis of the

first information received from respondent No.2 who is the

mother of the minor victim girl allegedly aged about 17

years 11 months as on date of registration of FIR. During

the course of investigation the petitioner and the victim

girl were apprehended. The petitioner was arrested and

remanded to judicial custody on 06.09.2022. The victim

girl was medically examined and her statement under

Section 164 of Cr.P.C was recorded before the

jurisdictional Magistrate on 08.09.2023. Investigation in

the case was completed and charge-sheet has been filed.

Bail application filed by the petitioner before the

jurisdictional Court in Special Case (P) No.1341/2022 was

rejected on 22.11.2022. Therefore, he is before this Court.

4. Learned counsel for the petitioner having

reiterated the grounds urged in the petition submits that

petitioner is in judicial custody since 06.09.2022. The

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CRL.P No. 201786 of 2023

material on record would go to show that the petitioner

and the victim girl were in love. Victim was a major as on

date of recording of her statement under Section 164 of

Cr.P.C. He submits that victim has completed her PUC as

on the said date and therefore a serious doubt arises with

regard to the alleged age of the victim girl. Accordingly, he

prays to allow the petition.

5. Per contra, learned High Court Government

Pleader has opposed the petition. He submits that the

victim girl was a minor as on the date of FIR. The date of

birth of victim is 09.08.2003. Therefore, the alleged

offences get attracted against the petitioner. Accordingly,

he prays to dismiss the petition.

6. The material on record would go to show that

victim girl who had completed her PUC had discontinued

her studies and the victim girl was found missing from her

house on 30.07.2022. Efforts made by the first informant

and family members to trace the victim girl had failed and

therefore on 03.08.2022 the first informant had

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CRL.P No. 201786 of 2023

approached the police. During the course of investigation,

on 06.09.2022 the petitioner and the victim girl traced at

Sindhanoor bus stand and they were brought back to their

village. The statement of the victim girl under Section 164

of Cr.P.C was thereafter recorded by the jurisdictional

Magistarte on 08.09.2022. A perusal of the said statement

would go to show that the victim girl had gone along with

the petitioner to a lodge in Manvi, several times and had

sex with him prior to she leaving her house on

30.07.2022. On 30.07.2022 she traveled along with the

petitioner to Sindhanoor and thereafter to Raichur and

subsequently to Hyderabad. In Hyderabad they stayed in

Mohammad Nagar for a period of one month in a house.

Subsequently, they had left Hyderabad and intended to go

to Hubballi. On their way in Sindhnoor Bus stand they

were apprehended by the police and brought back.

7. The aforesaid facts would go to show that the

victim girl had traveled to many places along with the

petitioner and had stayed with him and during the course
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CRL.P No. 201786 of 2023

of their stay they had sex. Material on record would go to

show that as on the date of FIR she had already completed

her second year PUC. However the prosecution has failed

to produce her SSLC marks card issued by the

examination board which would have been a authenticate

document to establish her age. The Hon’ble Supreme

Court in the case of P.Yuvaprakash vs. State

represented by Inspector of Police1 has deprecated

the practice of prosecution relying on transfer certificate

and entries made in the school register for establishing the

age of the victim girl. Even according to the prosecution

the victim girl was aged about 17 years 11 months as on

the date of registration of FIR. The petitioner who is a

youngster aged about 22 years is in custody since

06.09.2022. Investigation in this case is completed and

charge-sheet has been filed. The allegation as against the

petitioner is required to be proved by the prosecution in a

full-fledged trial.

1
2023 SCC Online SC 846
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CRL.P No. 201786 of 2023

8. Under the circumstances, I am of the view that

petitioner’s prayer for grant of regular bail is required to

be answered affirmatively. Accordingly, I proceed to pass

the following:

ORDER
The petition is allowed.

The petitioner is directed to be enlarged on bail,

arising out of Crime No.124/2022 of Sindhanoor Police

Station, Raichur registered for offences punishable under

Sections 366A, 376(n) and 506 of Indian Penal Code and

Sections 4 and 8 of Protection of Children from Sexual

Offences Act pending before the Court of I Additional

District and Sessions Judge, Raichur in Special case (P)

No.1341/2022, subject to the following conditions:

a) The petitioner shall execute personal bond for

a sum of `1,00,000/- with two sureties for the
likesum, to the satisfaction of the
jurisdictional Court;

b) The petitioner shall appear regularly on all the

dates of hearing before the Trial Court unless
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CRL.P No. 201786 of 2023

the Trial Court exempts his appearance for

valid reasons;

c) The petitioner shall not directly or indirectly

threaten or tamper with the prosecution
witnesses;

d) The petitioner shall not involve in similar

offences in future;

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.

Sd/-
JUDGE

SN
List No.: 1 Sl No.: 6