REHAMAN ALIAS ABDUL REHAMAN S/O NISHARA AHAMAD ATTAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17366
CRL.P No. 102456 of 2026
CNR: KAHC020170802026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102456 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
REHAMAN @ ABDUL REHAMAN
S/O. NISHARA AHAMAD ATTAR,
AGE: 24 YEARS, OCC: COOLIE,
R/O. SUKDEVAR ONI, RANEBENNUR,
TH
NOW AT MARUTI NAGAR, 6 CROSS,
RANEBENNUR, TQ: RANEBENNUR,
DIST: HAVERI-581110.
… PETITIONER
(BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY RANEBENNUR POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH- 580001.
2. IMTIYAZ AHMED S/O MAHAMMED HUSEN KACHAVI
AGE: 53 YEARS, OCC: COOLIE,
R/O. RANEBENNUR CYCLEGARA ONI,
RANEBENNUR, TQ: RANEBENNUR,
DIST: HAVERI-581110.
… RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R2)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:17366
CRL.P No. 102456 of 2026
CNR: KAHC020170802026
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
2023, PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON
REGULAR BAIL IN CRL.MISC. NO. 513/2026 ARISING OUT OF
RANEBENNUR PS CR.NO.191/2026, FOR OFFENCE PUNISHABLE
UNDER SECTION 64(2) (m) OF B.N.S, 6,8,12 OF THE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,
2012, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS
JUDGE, FTSC-I, HAVERI, IN SO FAR AS PETITIONER/ACCUSED.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri Shivaraj B.H, learned counsel for the petitioner,
Sri.Jairam Siddi, learned High Court Government Pleader for
respondent No.1 – State and Sri.Nagaraj C.Kolluri, learned
counsel for respondent No.2.
2. This petition is filed by petitioner/accused under
Section 439 of the Code of Criminal Procedure, 1973 (“Crl.P.C.”
for short) (Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (“BNSS” for short) seeking to grant regular bail
in connection with Crime No.191/2026 of Ranebennur Police
Station, registered for the offences punishable under Sections
64(2)(m) of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short)
and under Sections 6, 8 and 12 of the Protection of Children
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HC-KAR
NC: 2026:KHC-D:17366
CRL.P No. 102456 of 2026
CNR: KAHC020170802026
from Sexual Offences Act, 2012 (“POCSO Act” for short),
pending on the file of learned Additional District and Sessions
Judge, FTSC-1, Haveri.
3. Brief facts of the prosecution case in nutshell are as
under;
de facto
The complainant is none other than the father of
the victim. The victim, was aged about 18 years and 2 months,
at the time of lodging complaint. On 15.07.2026, the victim
complained of stomachache and she was taken to Hema Patil
Hospital, Ranebennur, by the college staff, accompanied by her
sister. The victim was subjected to medical examination. Upon
medical examination, it was revealed that the victim was
pregnant. The same was informed to the de facto complainant,
who thereafter lodged the complaint. During the course of
investigation, it was revealed that the petitioner had committed
penetrative and aggravated sexual assault on the victim during
April, 2026. Hence, the petitioner was apprehended and
remanded to judicial custody.
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NC: 2026:KHC-D:17366
CRL.P No. 102456 of 2026
CNR: KAHC020170802026
4. During the course of investigation, accused was
arrested by the Investigating Officer and in turn, he was
remanded to the judicial custody. Hence, this petition.
5. Learned counsel for the petitioner vehemently
contended that the petitioner is innocent and he has been
falsely implicated in the case. It is contended that there was
love affair between the petitioner and the victim and the
petitioner is innocent of the alleged offence. It is contended
that the present case has been registered as the petitioner
refused to marry the victim. It is contended that the petitioner
is ready to abide by any conditions to be imposed by this Court.
Hence, learned counsel prayed to grant bail.
6. Per contra, learned HCGP vehemently contended
that there is a prima facie case against the petitioner and the
medical report clearly indicates that an abortion had taken
place and the petitioner had committed penetrative and
aggravated sexual assault on the victim. Hence, learned HCGP
prayed to reject the bail petition.
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NC: 2026:KHC-D:17366
CRL.P No. 102456 of 2026
CNR: KAHC020170802026
7. The material available on record reveals that the
victim was minor at the time of commission of the offence and
as on the date of lodging the complaint, the victim was aged
about 18 years and 2 months. In her statement recorded under
Section 183 of the BNSS, the victim has stated that she was in
love with the petitioner and that they had been in a relationship
for about eight years and she has further stated that she
voluntarily accompanied the petitioner. Since the victim herself
has not stated against the petitioner, merely on the ground of
medical report, the bail application of petitioner-accused cannot
be rejected.
8. On perusal of the entire prosecution papers and
having regard to the facts and circumstances of the case, more
particularly the victim has not stated anything against the
petitioner-accused, looking into the nature of allegation made
against the petitioner, gravity of offence, severity of
punishment, chances of petitioner absconding or fleeing away
from justice if released on bail, character and antecedents of
the petitioner tampering of the prosecution witnesses, the
petitioner is entitled for grant of bail by imposing certain
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CRL.P No. 102456 of 2026
CNR: KAHC020170802026
conditions. Accordingly, the Court proceeds to pass the
following;
ORDER
allowed
The criminal petition is .
The petitioner-accused is ordered to be enlarged on bail
in Crime No.191/2026 of Ranebennur Police Station, pending
on the file of learned Additional District and Sessions Judge,
FTSC-1, Haveri, on executing personal bond in a sum of
Rs.2,00,000/- with two sureties for the like sum to the
satisfaction of learned Sessions Judge, subject to the following
conditions:
i. The petitioner shall appear before the
jurisdictional Court on all the dates of hearing
without fail.
ii. The petitioner shall not directly or indirectly
tamper with or threaten the prosecution witnesses
in any manner.
iii. The petitioner shall co-operate with the
Investigating Officer, until completion of the
investigation;
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CRL.P No. 102456 of 2026
CNR: KAHC020170802026
iv. The petitioner shall not involve in any offences in
future, and
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT:GSM
List No.: 1 Sl No.: 26