AYUB @ AYUB SHAIK vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11435
CRL.P No. 201394 of 2026
CNR: KAHC030110052026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201394 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
AYUB @ AYUB SHAIK
S/O RAFIK SHAIK,
AGED ABOUT 22 YEARS,
OCC: PRIVATE WORK,
R/O ZAHEERABAD, RAICHUR,
DIST: RAICHUR-584 101.
…PETITIONER
(BY SRI SANJAY A PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH RAICHUR WOMEN POLICE STATION,
RAICHUR WEST CIRCLE,
DIST: RAICHUR-584 101,
R/BY ADDL SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
2. NAGAVENI W/O NARESHA,
AGE: 39 YEARS, OCC:LABOURER,
R/O JAHIRABAD, RAICHUR,
DIST: RAICHUR-584 101.
(DE-FACTO COMPLAINANT)
…RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC-K:11435
CRL.P No. 201394 of 2026
CNR: KAHC030110052026
THIS CRL.P FILED U/S. 482 OF BNSS(NEW) U/S 438 OF
CR.P.C (OLD), PRAYING TO ALLOW THE PETITION, THERE BY
DIRECTING THE 1ST RESPONDENT POLICE/WOMAN POLICE
STATION, RAICHUR, DISTRICT RAICHUR TO ENLARGE THE
PETITIONER/ACCUSED NO.5 AS PER REQUISITION DATED
22.05.2026, ON BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH CRIME NO.51/2026 REGISTERED FOR
THE OFFENCES PUNISHABLE U/SECS.9, 10 OF PREVENTION
OF CHILD MARRIAGE ACT, SEC.64(2)(M) R/W 3(5) OF BNS-
2023, SEC.6, 17 OF POCSO ACT AND SEC.3(1)(W-I), 3(2)(V) OF
SC/ST (PA) AMENDMENT ACT, 1989 PENDING ON THE FILE OF
II ADDL. CIVIL JUDGE (JR. DN) AND JMFC COURT, RAICHUR,
DISTRICT RAICHUR, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioner and
the learned HCGP for the respondent No.1/ State.
Perused the relevant materials on record.
2. This petition is filed by the petitioner/
accused under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying for
an order to grant anticipatory bail in his favour directing
the respondent Police to release him on bail in the event
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NC: 2026:KHC-K:11435
CRL.P No. 201394 of 2026
CNR: KAHC030110052026
of his arrest in the case in his favour in their case in
Crime No.51/2026 for the offences punishable under
Sections 9 and 10 Prevention of Child Marriage Act,
Section 64(2)(m) read with 3 (5) of Bharatiya Nyaya
Sanhita (for short ‘BNS’), Sections 6 and 17 of
Protection of Children from Sexual Offences Act, 2012
(for short ‘POCSO Act’) and Section 3(1))(w-i), 3(2)(v) of
SC/ST (PoA) Act pending before the learned II Additional
Civil Judge (Jr.Dn) and JMFC, Raichur.
3. The learned HCGP has produced the report of
Investigating Officer along with certain papers regarding
the investigation done in the case as on this day and
orally objected to the petition submitting that there is
sufficient material against the petitioner for the alleged
offences. The investigation is not yet completed and it is
in the process. The offences alleged against the
petitioner is under the provisions of SC/ST (PoA) Act
and hence, there is bar under Section 18 of the said Act
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CRL.P No. 201394 of 2026
CNR: KAHC030110052026
to grant anticipatory bail in favour of the petitioner. The
offence alleged against the petitioner is also punishable
under Section 6 of POCSO Act, which is heinous offence
punishable with imprisonment for a not less than term
of 20 years and it which may extend to imprisonment
for life which means imprisonment for the remainder of
the person’s natural life. Absolutely there is no special
ground made out by the petitioner to grant anticipatory
bail in his favour. Therefore, the learned HCGP has
sought for rejection of the bail petition.
4. The prosecution was set into motion against
the petitioner on the complaint of respondent No.2 who
is mother of the victim on 20.05.2026. The case alleged
against the petitioner is that the victim girl is minor and
th
aged about 17 years. She studied up to 10 standard
and her date of birth is 24.03.2009, who was found
missing from her house on 19.05.2026. Thereafter her
family members searched for her, but she could not be
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traced. Hence, she gave complaint before the respondent
police, which came to be registered initially against
unknown persons for the offence punishable under
Section 137(2) of BNS.
5. When the matter stood thus, as per the
requisition dated 22.05.2026 sent by the Investigating
officer to the learned Magistrate, which indicates that on
22.05.2026 the victim voluntarily appeared before the
Investigating officer along with her grand mother. Upon
enquiry, she disclosed the fact that the petitioner was
her immediate neighbourer and they were in love with
each other. Thereafter on 14.12.2024 the marriage of
the victim girl was performed with one Sunil Kumar,
who was resident of Andhra Pradesh and out of their
wedlock, a female child was born and presently the
child is aged about seven months and the victim stayed
back in her parental home. At that time, the petitioner
again came in contact with the victim and insisted her
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to reject her husband and marry him. On 19.05.2026
he told the victim to come along with him and
accordingly the victim went to Eranna circle at Raichur
at about 12.00 noon, where the petitioner was waiting
and thereafter they went to Raichur by Auto and took a
room on rent at Ashapura road. Further, the petitioner
forcibly committed sexual assault on the victim
repeatedly during that period of their stay. Hence, the
petitioner has committed the alleged offences.
6. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the
offences alleged and he has not committed any of such
offence. Per contra, as submitted by learned HCGP, the
investigation is at the initial stage and is yet to be
completed. Therefore at this stage, any such contention
of the petitioner that he is innocent of the offences
alleged and that he has not committed any of such
offence does not merit consideration.
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7. It is pertinent to note that initially the case
was registered against unknown person on the
complaint of mother of the victim for the offence
punishable under Section 137(2) of BNS. Thereafter,
the petitioner along with the victim was found and on
the statement of the victim given before the respondent
Police, the case was registered against her husband and
parents for the offences punishable under Section 9 and
10 of Prevention of Child Marriage Act.
8. The case was registered against the husband
also for the offences punishable under Section 64(2)(m)
of BNS and under Section 6 and 17 of POCSO Act also.
It is not in dispute that the victim is belonging to
scheduled caste and hence, the case is registered
against the petitioner for the offence under Section
3(1)(w-i) and 3(2)(v) of SC/ST (PoA) Act.
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CRL.P No. 201394 of 2026
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9. As submitted by learned HCGP, there is bar
under Section 18 of SC/ST (PoA) Act to grant
anticipatory bail in favour of the petitioner. If the
materials on record are taken into consideration, there
is prima facie case against the petitioner for the offence
under SC/ST (PoA) Act. Moreover, the investigation is
not yet completed and hence, if the statement of the
victim given before the respondent No.1 police and also
before the learned Magistrate are taken into
consideration, there is absolutely no reason to disbelieve
the prosecution case regarding the offences alleged
against the petitioner at this stage.
10. In view of the bar under Section 18 of SC/ST
(PoA) Act, the petitioner is not entitled for anticipatory
bail in his favour at this stage. Consequently, without
going into merits of the case in deep, it would be clear
that there is prima facie case against the petitioner for
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CRL.P No. 201394 of 2026
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the alleged offences and hence, this petition is liable to
be dismissed.
11. In the result, I proceed to pass the following:
ORDER
The petition is hereby dismissed.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 15