ADIL S/O MAKABULASAB SAVANUR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18188
CRL.P No. 102797 of 2026
CNR: KAHC020184082026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102797 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
ADIL
S/O MAKABULASAB SAVANUR,
AGED ABOUT 22 YEARS,
OCC: BUSINESS,
R/O: HUMNABAD GALLI,
HAVERI,
TALUK AND DISTRICT HAVERI - 581 110.
…PETITIONER
(BY SRI. SADIK KANVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY HAVERI WOMEN POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. RUBINA BANU W/O LALSAB HUBBALLI
AGED ABOUT 38 YEARS,
OCC: COOLIE,
R/O: GADIGER ONI,
PRESENTLY RESIDING AT:
SHIVALINGESHWAR NAGAR,
NEAR SCHOOL NO.5, HAVERI,
TALUK AND DISTRICT HAVERI - 581 110.
…RESPONDENTS
(BY SRI. DAYANAND SANGRESHI, HCGP FOR R1;
MRS. AMEENA H.S., ADVOCATE FOR R2)
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: High Court
of Karnataka, Dharwad
Bench, Dharwad
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NC: 2026:KHC-D:18188
CRL.P No. 102797 of 2026
CNR: KAHC020184082026
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS (U/S 439 OF CR.P.C.), PRAYING TO GRANT REGULAR
BAIL TO THE PETITIONER/ACCUSED IN HAVERI WOMEN
POLICE STATION CRIME NO.62/2026, SUBSEQUENTLY
REGISTERED AS SPL. S.C. NO.75/2026 ON THE FILE OF THE
HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-
1, HAVERI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTIONS 64(2)(M), 64(2)(F), 115(2) AND 351(2) OF THE
BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 4, 6 AND 8
OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT, 2012, ON SUCH TERMS AND CONDITIONS AS THIS
HON'BLE COURT MAY DEEM FIT AND PROPER, 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 VENKATESH NAIK T
ORAL ORDER
The petitioner has filed this petition under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular
bail in connection with Haveri Women Police Station Crime No.
62/2026, subsequently registered as Spl. S.C. No. 75/2026
pending on the file of the learned Additional District and
Sessions Judge, FTSC-I, Haveri, registerd for the alleged
offences punishable under Sections 64(2)(m), 64(2)(f), 115(2)
and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections
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4, 6 and 8 of the Protection of Children from Sexual Offences
Act, 2012.
2. The prosecution case, in brief, is that a complaint
came to be lodged before Haveri Women Police Station on 22-
05-2026, on the basis of which the aforesaid crime was
registered. The petitioner was arrested on 23-05-2026 and has
remained in judicial custody since then. The investigation has
been completed and the charge-sheet has been filed. The case
is now pending before the learned Special Court as Spl. S.C.
No. 75/2026, wherein 28 witnesses are stated to have been
cited by the prosecution.
3. The petitioner earlier approached the learned
Additional District and Sessions Judge, FTSC-I, Haveri, seeking
regular bail. The application came to be rejected by order dated
26-09-2026. Being aggrieved, the petitioner has approached
this Court.
4. Learned counsel for the petitioner contends that the
petitioner has been in custody since 23-05-2026 the
investigation is completed and the charge-sheet has been filed
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CRL.P No. 102797 of 2026
CNR: KAHC020184082026
therefore, his custodial interrogation is no longer required. It is
further submitted that the de-facto complainant/mother of the
victim has filed an affidavit stating that she has no objection to
the petitioner being enlarged on bail and that discussions
between the families have resulted in an understanding that
the petitioner may marry the victim only after she attains the
legally prescribed age. An affidavit of the victim, represented
by her mother/natural guardian, is also placed on record. The
petitioner undertakes to comply with any conditions to be
imposed by this Court.
5. Learned High Court Government Pleader opposes the
petition, having regard to the nature and gravity of the
allegations and the fact that the victim was a minor at the
relevant time.
6. Heard Sri. Sadik Kanvi learned counsel for the
petitioner and the learned High Court Government Pleader for
respondent No. 1. Perused the petition, the materials placed on
record and the order passed by the learned Special Court.
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7. The allegations made against the petitioner are
required to be considered in the background of the facts and
circumstances placed before this Court. It is forthcoming from
the affidavits filed by the parties that the petitioner and the
victim’s family have expressed their willingness to resolve their
differences and have arrived at an understanding regarding the
possibility of marriage after the victim attains the legally
prescribed age. The mother of the victim has also expressed no
objection to the petitioner being enlarged on bail. Though the
said understanding cannot, by itself, determine the merits of
the prosecution or nullify the statutory provisions, the same
can be taken into consideration as one of the relevant
circumstances while considering the prayer for bail.
8. On perusal of the material available on record, it is
evident from the records that the petitioner has been in judicial
custody since 23-05-2026. The investigation has been
completed and the charge-sheet has been filed, citing 28
witnesses. Thus, the presence of the petitioner is no longer
required for further investigation, and the case is now pending
for trial. The petitioner is aged about 22 years and is a resident
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of Haveri. Having regard to the completion of the investigation,
the affidavits filed by the parties, the no-objection expressed by
the victim’s mother and the understanding arrived at between
the families, I am of the opinion that the continued detention of
the petitioner may not be necessary, provided adequate
conditions are imposed to safeguard the interests of the victim
and ensure the petitioner’s presence during trial.
9. It is further evident from the affidavits placed on
record that the victim’s mother has expressed her willingness
for the proposed marriage to be considered after the victim
attains the legally prescribed age, and the petitioner’s family
has also expressed its consent to the said understanding. The
said affidavits indicate that the parties and their families are
willing to maintain an amicable relationship and that the
victim’s mother has no objection to the petitioner being
released on bail. In the circumstances, and the affidavits and
the understanding between the families may be considered
along with the other circumstances relevant to the grant of bail.
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10. Under the above circumstances and in view of filing
of respective affidavits by the parties for agreeing for
performance of the marriage of the petitioner/accused and the
victim immediate on her attaining age of majority, I find no
impediment for admitting the petitioner on regular bail. The
other apprehensions raised by the learned High Government
Pleader can be meted-out by imposing certain conditions.
Hence, the petition needs to be allowed. Accordingly, I proceed
to pass the following order.
ORDER
The criminal petition is allowed.
The petitioner/accused ordered to be released on regular
bail in Haveri Women Police Station Crime No. 62/2026, in
connection with Spl. S.C. No. 75/2026 before the learned
Additional District and Sessions Judge, FTSC-I, Haveri,
registered for the alleged offences punishable under Sections
64(2)(m), 64(2)(f), 115(2) and 351(2) of the Bharatiya Nyaya
Sanhita, 2023, and Sections 4, 6 and 8 of the Protection of
Children from Sexual Offences Act, 2012, subject to the
following conditions:
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CRL.P No. 102797 of 2026
CNR: KAHC020184082026
(i) The petitioner shall execute a personal bond for a sum
of Rs.1,00,000/- (Rupees One Lakh only) with one
surety for the like sum to the satisfaction of the learned
Special Court.
(ii) The petitioner shall appear before the learned Special
Court on all dates of hearing.
iii) Petitioners shall not threaten or tamper with the
prosecution witnesses directly or indirectly;
iv) Petitioners shall not involve in any offence in future.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
It is clarified that the observations made in this order are
only for the purpose of deciding the present bail petition. The
learned trial Court shall decide the case independently on the
basis of the evidence adduced, without being influenced by any
observation made herein.
Sd/-
VENKATESH NAIK T)
JUDGE
MN/CT:SK
List No.: 1 Sl No.: 137