IBRAHIM S/O MAHMADARAFIK PEERAJADE vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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CRL.A No. 100475 of 2026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
CRIMINAL APPEAL NO. 100475 OF 2026
(U/S 14 A(2) OF SC AND ST ACT)
BETWEEN:
IBRAHIM S/O MAHMADARAFIK PEERAJADE
AGE 27 YEARS, OCC. COOLIE
R/O. GARAG VILLAGE,
TQ. AND DIST. DHARWAD 581105
…APPELLANT
(BY SRI A.M. MALIPATIL, ADVOCATE.)
AND:
1. THE STATE OF KARNATAKA
THROUGH KARATAGI POLICE STATION,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA.
2. SHIVAPPA S/O BHEEMAPPA WADDAR
AGE 45 YEARS, OCC. COOLIE,
R/O. GARAG VILLAGE
TQ. AND DIST. DHARWAD 581105.
…RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
NOTICE TO R2 IS SERVED)
Digitally signed
by BHARATHI H
M
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.14
17:13:27 +0530
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SCHEDULED CASTES AND THE SCHEDULED
TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, SEEKING
TO GRANT REGULAR BAIL TO THE APPELLANT/ACCUSED NO.3
IN CRIME NO.115/2026 REGISTERED BY GARAG POLICE
STATION, NOW PENDING ON THE FILE OF THE LEARNED
II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD
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CRL.A No. 100475 of 2026
IN SPL.S.C.NO.76/2026, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 107, 78, 64(2), 49 READ WITH SECTION
3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, SECTIONS 4,
8 AND 17 OF THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT, 2012, AND SECTIONS 3(1)(w)(i), 3(2)(v-a)
AND 3(2)(v) OF THE SCHEDULED CASTES AND THE
SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT,
1989, IN THE INTEREST OF JUSTICE.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 13.10.2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE
CAV JUDGMENT
The appellant/accused No.3 in Spl.S.C.No.76/2026,
on the file of II Additional District and Sessions Judge
Dharwad, seeking regular bail in Garag Police Station
Crime No.115/2026, registered for the offences punishable
under section 107, 78, 64(2), 49 read with Section 3(5) of
Bharatiya Nyaya Sanhita, 2023 (‘BNS’, for short), Section
4, 8 and 17 of POCSO Act and Section 3(1)(w)(i),
3(2)(v-a), 3(2)(v) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (‘SC and ST
Act’, for short).
2. The facts of the case in brief are that, the victim
was going to computer class during the year 2022-2023
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CRL.A No. 100475 of 2026
and accused No.1 was following her, forcing her to love
him and the appellant herein being accused No.3
instigating accused No.1. The victim revealed that, she
was loving accused No.2 and after accused No.1 came to
know that she was loving accused No.2, there were
clashes between accused No.1 and the victim and they got
separated. Thereafter, in the year 2025 accused No.3
instigated accused No.1 not to leave the sexual
relationship with the victim. Accordingly, accused No.1
took the victim to a remote place at Udayagiri and
committed rape on her. The victim due to the said act of
accused No.1 forced to commit suicide and she committed
suicide on 08.05.2023 by consuming poison. Hence, the
complaint is filed against the accused Nos.1 to 3.
3. Learned HCGP entered appearance for
respondent No.1 State and filed statement of objections.
Notice issued against respondent No.2 has been served
and he remained unrepresented.
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CRL.A No. 100475 of 2026
4. Heard the arguments of Sri A.M.Malipatil,
learned counsel for appellant and Sri Abhishek Malipatil,
learned HCGP for respondent No.1 State. Perused the
material placed before the Court.
5. Learned counsel for accused No.3/appellant
herein submitted that he is innocent, he has not at all
involved in the alleged incident and he has been arrested
by the police on 18.06.2026. Now the investigation is
completed and charge sheet has also been filed and
further custody of accused No.3 is not at all required, the
allegation against him is only that he has abetted the
crime and therefore, he has contended that he may be
enlarged on regular bail.
6. Learned HCGP argued that, the appellant herein
committed serious offence against the victim, who belongs
to Scheduled Caste. Investigation is already completed
and charge sheet is filed and this accused abetted accused
No.1 to commit the crime. If he is released on bail, there
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CRL.A No. 100475 of 2026
is likelihood of tampering with the prosecution evidence
and he may abscond.
7. Further, it is contended that the witnesses have
given statement about the allegation against accused No.3
who committed abetment and as per Section 17 of the
POCSO Act, the punishment provided is, whoever abets
any offence under this Act, if the act of abetment is
committed in consequence of the abetment, he shall be
punished with the punishment provided for that offence.
8. Here in this case charge sheet is filed against
the accused for the offences punishable under Section
107, 78, 64(2), 49 read with Section 3(5) of BNS, Section
4, 8 and 17 of POCSO Act and further under the provisions
of SC and ST Act and all the offences complained against
this appellant are serious in nature and unless the material
witnesses are examined, this appellant is not entitled to be
enlarged on bail. Hence prayed for dismissal of the appeal.
9. Learned counsel for the appellant argued that,
the complainant is the father of the victim. The victim
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CRL.A No. 100475 of 2026
committed suicide on 08.05.2026 and crime was
registered in Crime No.27/2026 under Section 194 of
BNSS and thereafter on 28.05.2026 the present complaint
is filed including this accused and there is inordinate delay
in lodging the complaint.
10. Further learned counsel argued that, only on
the statement made by accused No.1 in his voluntary
statement, this accused has been implicated in the crime,
but he has not at all committed any offence. There are
material discrepancies made out in the investigation and
therefore, it is contended that he is entitled to be enlarged
on bail. Further it is contended that he has been in judicial
custody since 18.06.2026 and almost 04 months
completed.
11. On the contrary learned HCGP argued that, this
accused abetted accused No.1 to commit the crime and he
is also entitled for the same punishment as provided for
the said offence and it is categorically contended by the
learned HCGP that the victim belonged to Scheduled Caste
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CRL.A No. 100475 of 2026
and all these accused Nos.1 to 3 have committed the
offences against her and accused No.1 raped her at the
instigation of accused No.3, which leads her to commit
suicide, which offences are serious in nature.
12. Considering the complaint averments and on a
perusal of the statement of the prosecution witnesses,
recorded by the Investigating Officer produced along with
the charge sheet, it discloses that this accused is also
actively participated in the alleged offences. As rightly
argued by the learned HCGP, unless the material
witnesses are examined, the present accused No.3 is not
entitled to be enlarged on bail at this stage. Therefore, the
appeal deserves to be dismissed. Hence, this Court
proceeds to pass the following:
ORDER
The appeal is dismissed .
Sd/-
(RAJESHWARI N.HEGDE)
JUDGE
MRK
CT-CMU