JAMEER vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201291 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
JAMEER S/O. BUDDA MEHABOOB,
AGE:27 YEARS, OCC:CLOTH BUSINESS,
R/O. BACKSIDE OF MOULALI DURGH,
YAPALDINNI VILLAGE,
TQ. & DIST. RAICHUR-584 101.
…PETITIONER
(BY SRI SHIVANAND V. PATTANSHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH YAPALADINNI POLICE STATION,
TQ. & DIST. RAICHUR-584 124.
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
2.
ANJINEYYA S/O JANGLEPPA @ YARANNA,
AGE:49 YEARS, OCC:DRIVER,
R/O. YAPALADINNI VILLAGE,
TQ. & DIST. RAICHUR.
…RESPONDENTS
(BY SRI MAQBOOL AHMED, HCGP, FOR R1;
R2-V/O DATED 30.10.2026 NOTICE HELD SUFFICIENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS-2023, PRAYING TO GRANT THE REGULAR BAIL TO
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HC-KAR
NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
THE PETITIONER/ ACCUSED NO.3 IN YAPALADINNI P.S. CRIME
NO.39/2026 DISTRICT RAICHUR, PENDING ON THE FILE OF
THE ADDL. DISTRICT & SESSIONS COURT, RAICHUR,
DISTRICT RAICHUR FOR THE OFFENCES PUNISHABLE
U/SECS.137(2), 64, 3(5) OF BNS-2023 AND U/SECS.3(2)(va),
3(1)(r)(s)(w)(i) OF SC/ST ACT, 2015 AND SECS.6 AND 17 OF
POCSO ACT, 2012.
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 on the
petition. Perused the relevant materials on record.
2. Notice to the respondent No.2/ de facto
complainant/ father of the victim is already retuned
duly served. The respondent No.2 is called out, absent.
Hence, service of notice to the respondent No.2 is held
sufficient.
3. This petition is filed by the petitioner/
accused No.3 under Section 483 of Bharatiya Nagarik
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HC-KAR
NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying to
grant bail in his favour in the case in Spl.C.
No.346/2026 pending before the learned I Addl. District
and Sessions Judge/ Special Judge, Raichur, arising
out of Crime No.39/2026 of the respondent No.1 Police
for the offences punishable under Sections 137(2) and
64 read with Section 3(5) of Bharatiya Nyaya Sanhita
(for short ‘BNS’), Sections 6 and 17 of the POCSO Act
and Sections 3(2)(va) and 3(1)(r)(s)(w)(i) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Ordinance 2014 (for short ‘SC/ST (PoA)
Act’), 1989 (for short ‘SC/ST (PoA) Act’), registered
against the petitioner and other accused persons.
4. The learned HCGP has orally objected to the
petition submitting that the investigation is already
completed and the charge sheet is filed against the
petitioner and other accused persons. There is prima
facie case against the petitioner for the alleged offences.
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NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
If the petitioner is released on bail, there is chance of
him tampering with prosecution witnesses and
hampering trial of the case. There is no any special
ground made out by the petitioner to grant bail to him.
Therefore, the learned HCGP has sought for dismissal of
the petition.
5. The case alleged against the petitioner and
other accused persons is that on 04.05.2026, the
complainant and his family members had dinner at
about 9.30 p.m., and went to sleep. Thereafter, at
11.30 p.m., the complainant heard some sound from
outside the house and he woke up and found that the
victim girl was missing. He along with is wife came out
and saw behind their house the accused No.1 and 2
strangulating one Eshanna with rope and on seeing
them out of fear the complainant and his wife went
inside and watched from window, where upon it was
seen that the accused No.1 caught hold of the hands of
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CRL.P No. 201291 of 2026
CNR: KAHC030097812026
the victim girl and abused her by taking name of her
caste and forcibly took her away and the accused No.2
followed them. At about 3.00 a.m., the complainant
orally informed the respondent Police and the search
was made along with Raichur Road and Burdipada
Road and the road leading towards Paguntha, but the
victim was not found. Thereafter, the victim and the
accused No.1 were found and the investigation was
taken up. It is alleged against the petitioner that he
gave mobile number of accused No.4 to the accused
No.1 to have shelter at the house of accused No.4 at
Karnool.
6. It is also contended that during investigation
on 07.05.2026 the accused No.1 was apprehended along
with the victim girl at Gadwal Road and the accused
No.1 to 3 were arrested. The statement of the victim
was recorded and at that time she narrated that the
accused No.1 had acquaintance with her since prior to
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NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
Dasar holiday and about 2 months earlier to the
incident, the accused No.1 committed sexual assault on
her at his house. On the intervening night of
04/05.05.2026 at about 12.00 midnight the accused
No.1 and 2 took her in the Motorcycle to the Gadwal,
from where the accused No.2 returned. The petitioner
furnished mobile number of the accused No.4 and told
the accused No.1 to go to the house of accused No.4.
Hence, the accused No.1 took the house of the accused
No.4 on rent and stayed there along with the victim and
committed forcible sexual assault on the victim against
her will. Hence, the petitioner along with other accused
persons have committed the alleged offences.
7. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the alleged
offences and he has not committed any offence as
alleged. As per the prosecution papers forthcoming on
record, it is clear that the petitioner furnished mobile
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CRL.P No. 201291 of 2026
CNR: KAHC030097812026
number of the accused No.4 wherein the accused No.1
and the victim stayed on rent.
8. Now the investigation is already over and the
charge sheet is filed. Hence, the petitioner is not
required by the respondent Police for further
investigation. Moreover, the allegations against the
petitioner is that he furnished mobile number of the
accused No.4 and thereafter the accused No.1 took the
victim to the house of the accused No.4 and stayed
there.
9. There is absolutely no material against the
petitioner to show that he was aware of the fact that the
accused No.1 and 2 kidnapped the victim and thereafter
they stayed in the house of accused No.4. Hence, as
submitted by the learned counsel for the petitioner, at
this stage there is no reason to believe that there is case
against the petitioner for the offences punishable under
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NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
Sections 6 and 17 of the POCSO Act and also under
Section 137 of BNS
10. Moreover, as per the papers on record, the
petitioner was arrested and remanded to judicial
custody from 07.05.2026 i.e., he has been in judicial
custody for the period of more than 5½ months as on
this day. As the investigation is over and the charge
sheet is filed, the custodial interrogation of the
petitioner is not at all required by the respondent Police.
The fact that immediately after arrest of the petitioner
he was sought to be remanded to the judicial custody by
the respondent Police would show that the petitioner
was not required for further investigation of the case.
There is no any special ground made out by the
respondent Police to deny bail to the petitioner.
11. As submitted by the learned counsel for the
petitioner and as forthcoming from the materials on
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NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
record, this Court has already granted bail in favour of
accused No.4 as per the order dated 07.08.2026 in
Crl.P. No.200972/2026. The allegations made against
this petitioner and the accused No.4 are similar and
therefore, on the ground of parity also, the petitioner is
entitled to bail.
12. There is no any special ground made out by
the respondent Police to deny bail to the petitioner. Any
of the apprehensions of the learned HCGP can be
suitably met with by imposing proper and necessary
conditions on the petitioner while granting him bail.
Therefore, the petitioner is entitled to bail as sought for
and consequently, the petition deserves to be allowed.
13. In the result, I proceed to pass the following:
ORDER
allowed
i) The petition is hereby .
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HC-KAR
NC: 2026:KHC-K:11694
CRL.P No. 201291 of 2026
CNR: KAHC030097812026
ii) Consequently, the petitioner/
accused No.3 shall be enlarged on bail in
the case in Spl.C. No.346/2026 pending
before the Special Judge, Raichur, arising
out of Crime No.39/2026 of the
respondent Police for the offence
punishable under Sections 137(2) and 64
read with Section 3(5) of BNS, Sections 6
and 17 of the POCSO Act and Sections
3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va) of
SC/ST (PoA) Act , on his executing
personal bond for Rs.2,00,000/- with two
sureties for the like sum to the
satisfaction of the learned Special Judge,
subject to the following conditions that:
a) The petitioner shall appear before
the Investigating Officer as and
when required till the final report
is filed and he shall assist the
Investigating Officer in further
investigation of the case, if any.
b)
He shall appear before the learned
Special Judge/ trial Court as and
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CNR: KAHC030097812026
when directed and he shall assist
the trial Court in trial of the case.
c) He shall not tamper with
prosecution witnesses and hamper
further investigation of the case in
any manner, and
d) He shall not commit any similar
offences or any offence during the
pendency of case.
If the petitioner violates any of the conditions of
bail, the bail granted in his favour shall stand cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 4