SHRI. ADILSHAH ALIYAS APPU S/O SHABBIR JAMADAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16793
CRL.P No.102164 of 2026
CNR: KAHC020151972026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102164 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
1. SHRI ADILSHAH @ APPU
S/O. SHABBIR JAMADAR,
AGE: 20 YEARS, OCC: LABOURER,
R/O. HARUGERI, HIREHAL TOTA,
TALUKA: RAIBAG,
DISTRICT. BELAGAVI-591317.
2. SHRI KOUTUK @ BABASU
S/O. BANU BADIGER,
AGE: 25 YEARS, OCC: DRIVER,
R/O. ALAKNUR, BADIGER TOTA,
TALUKA: RAIBAG,
DISTRICT: BELAGAVI-591220.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
…PETITIONERS
(BY SRI MAHANTESH S. HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH HARUGERI POLICE STATION,
BELAGAVI, REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, PIN CODE-580011.
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CRL.P No.102164 of 2026
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2. SMT. LATA W/O. VIJAY PATIL,
AGE: 41 YEARS,
OCC: EMPLOYEE IN HOTEL,
R/O. KOKATNUR VILLAGE,
NEAR YALLAMMA DEVI TEMPLE,
TALUKA: ATHANI, DISTRICT: BELAGAVI,
PIN CODE-591230.
3. SMT. LAXMIBAYI W/O. SHRIKANT PARIT,
AGE: 37 YEARS, OCC: HOUSEWIFE,
R/O. MUDHOL, NEAR SAIDASAB GARGA,
TALUKA: MUDHOL, DISTRICT: BAGALKOT,
PIN CODE-587313.
…RESPONDENTS
(BY SRI JAIRAM SIDDI, HCGP FOR R1
NOTICE TO R2 AND R3 SERVED)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.
483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONERS/
ACCUSED NOS.2 AND 3 ON REGULAR BAIL IN SPECIAL CASE
NO.223/2025 ARISING OUT OF CRIME NO.12/2025 OF HARUGERI
POLICE STATION, BELAGAVI, PENDING ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL COURT
FOR TRIAL OF POCSO CASES, BELAGAVI, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 96, 70(2), 64(2)(M), 75(1)(ii), 76,
126(2), 115(2), 351(2) AND 3(5) OF THE BHARATIYA NYAYA
SANHITA, 2023, READ WITH SECTIONS 4, 6 AND 12 OF THE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012,
AND SECTIONS 66(E) AND 67(A) OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CRL.P No.102164 of 2026
CNR: KAHC020151972026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Notice to respondents No.2 and 3 served, they remained
absent.
Heard Sri Mahantesh S.Hiremath, learned counsel for the
petitioners/accused No.2 and 3 and Sri Jairam Siddi, learned
High Court Government Pleader for respondent No.1-State.
2. This petition is filed by the petitioners/accused No.2
and 3 under Section 439 of the Code of Criminal Procedure
Code, 1973 / 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking to enlarge them on bail in Special Case
No.223/2025 arising out of Crime No.12/2025 of Harugeri
Police Station, Belagavi, registered for the offences punishable
under Sections 96, 70(2), 64(2)(m), 75(1)(ii), 76, 126(2),
115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
read with Sections 4, 6 and 12 of the Protection of Children
from Sexual Offences Act, 2012 and Sections 66(E) and 67(A)
of the Information Technology Act, 2000, pending before the
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learned II Additional District and Sessions Judge and Special
Court for trial of POCSO Cases, Belagavi.
3. The brief facts of the prosecution case in nutshell
are as under:
The victim girl and accused No.1 came into contact
through Instagram in the year 2024. On 22.12.2024 at 03:00
p.m., accused No.1 and 2 met the victim and CW11, they
exchanged their phone numbers. On 03.01.2025, accused No.1
and 2 allegedly committed penetrative sexual assault on the
victims. Hence, they lodged the complaint. During the course of
investigation, these petitioners were arrested and in turn, they
were remanded to judicial custody.
4. The learned counsel for the petitioners contended
that the petitioners are falsely implicated in the case. It is
further contended that the evidence of victim PW1 and PW2
were recorded before the trial Court and in the evidence, they
turned hostile to the case of prosecution. On these grounds, the
petitioners/accused No.2 and 3 may be enlarged on bail. The
petitioners are permanent residents of the address mentioned
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in the cause title of the petition and they are ready and willing
to abide by the conditions to be imposed by this court. Hence,
learned counsel prayed to allow the petition.
Per contra
5. , learned HCGP contended that there is
serious allegation against the petitioners, though both the
victims turned hostile to the case of prosecution, remaining
witnesses have to be examined by the trial Court. Hence,
learned HCGP prayed to reject the petition.
6. The perusal of the deposition of PW1 and entire
charge sheet material on record, reveals that she has
completely turned hostile to the case of prosecution and she
denied the suggestion of learned Public Prosecutor as to the
aggravated and penetrative sexual assault on her and CW11.
The perusal of the evidence of PW2 (CW11-another victim), she
also not supported the case of the prosecution. Thus, she
completely turned hostile. It shows that the victims are not
supported the case. The victims are not supported the case of
prosecution and the trial in the matter may take a considerable
amount of time. Under these circumstances, the petitioners are
entitled for bail.
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7. It is well established principles of law that while
granting bail, Court has to consider the nature of the offence,
circumstances in which the offence is committed, position and
status of the petitioners with reference to the victim and
witnesses, likelihood of fleeing away from justice, of repeating
same offences by the petitioners. The possibility of tampering
with the witnesses, character and antecedents of the
petitioners. Further, the law is well settled that while disposing
of the bail petition, the Court need not scan the prosecution
papers and hold mini trial.
8. Keeping all these factors in mind, when the Court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
grounds to believe, at this stage, that the petitioners are guilty
of the offences alleged against them/him. Therefore, the
petitioners are entitled for bail.
9. Accordingly, the Court proceeds to pass the
following:
ORDER
allowed
The criminal petition is .
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CRL.P No.102164 of 2026
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The petitioners-accused No.2 and 3 are ordered to be
enlarged on bail in Special Case No.223/2025 arising out of
Crime No.12/2025 of Harugeri Police Station, Belagavi,
registered for the offences punishable under Sections 96,
70(2), 64(2)(m), 75(1)(ii), 76, 126(2), 115(2), 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections
4, 6 and 12 of the Protection of Children from Sexual Offences
Act, 2012 and Sections 66(E) and 67(A) of the Information
Technology Act, 2000, pending before the learned II Additional
District and Sessions Judge and Special Court for trial of POCSO
Cases, Belagavi, on they executing personal bond in a sum of
Rs.2,00,000/- each with two sureties each for the like sum to
the satisfaction of learned Sessions Judge, subject to the
following conditions:
(i) The petitioners shall not threaten or tamper
the prosecution witnesses either directly or
indirectly.
(ii) The petitioners shall attend the trial Court
regularly as and when required.
(iii) The petitioners shall not involve in the similar
or any other offences.
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Violation of any one of the conditions, would entitle the
prosecution to seek for cancellation of the bail.
NOTE :- The observations made in the petition is only for
disposal of the petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK /CT-AN
List No.: 1 Sl No.: 32