P D SADIQ SAB ALIAS PINJAR DUPADALLI SADIQ SAB vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-D:18393
CRL.P No. 102630 of 2026


CNR: KAHC020180802026






IN THE HIGH COURT OF KARNATAKA AT DHARWAD

TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 102630 OF 2026

(439(CR.PC)/483(BNSS)

BETWEEN:

1. P.D. SADIQ SAB
@ PINJAR DUPADALLI SADIQ SAB,
AGE: 23 YEARS, R/O. TALAKAL VILLAGE,
TQ: HUVINA HADAGALI,
DIST: VIJAYANAGARA-583220.




… PETITIONER
(BY SRI. BASAVANA GOUD T, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY SUB INSPECTOR OF POLICE,
ITTIGI POLICE STATION,
TQ: HUVINA HADAGALI,
DIST: VIJAYANAGARA,
REPTD BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580011.






Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

2. BHOVI YALLAMMA W/O BHOVI YALLAPPA
AGE: 45 YEARS, R/O. TALAKAL VILLAGE,
TQ: HUVINA HADAGALI,
DIST: VIJAYANAGARA-580011.
… RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
NOTICE TO R2 SERVED)

THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
PRAYING TO GRANT A REGULAR BAIL TO THE PETITIONER/ACCUSED
NO. 1 FOR THE OFFENCES PUNISHABLE U/SEC. 3(2)(V), 3(2)(V-A)
3(1)(W)(I) OF THE SC/ST ACT (POA ACT), 1989 UNDER SEC. 4, 6 OF

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HC-KAR
NC: 2026:KHC-D:18393
CRL.P No. 102630 of 2026


CNR: KAHC020180802026


THE PREVENTION OF CHILDREN FROM SEXUAL OFFENCES ACT,
2012, UNDER SEC. 351(2), 64(2)(M) OF BNS 2023, IN ITTAGI PS
CRIME NO. 02/2026 PENDING ON THE FILE OF ADDITIONAL
DISTRICT AND SESSIONS JUDGE VIJAYANAGAR DISTRICT,
HOSAPETE, IN SPL. CASE NO. 296/2026.

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 the learned counsel Sri.Basavana Goud T., for the
petitioner/accused No.1 and Sri.Jairam Siddi, learned HCGP for
respondent-State.

2. The petitioner/accused No.1 has filed this petition
under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C.)
seeking regular bail in connection with crime No.2/2026 of Ittigi
Police Station, registered for the offences punishable under
Sections 3(2)(v), 3(2)(v-a), 3(1)(w)(i) of SC and ST
(Prevention of Atrocities) Act, 1989, Sections 4 and 6 of the
Prevention of Children from Sexual Offences Act, 2012 and
Sections 351(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita,
2023, pending on the file of the learned Additional District and
Sessions Judge, Vijayanagara District, Hosapete in Spl.Case
No.296/2026.

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2. The brief facts of the prosecution case in the
nutshell are as under:
On 20.01.2026, the defacto complainant lodged a
complaint alleging that on 15.01.2026 at about 09:00 p.m. the
victim was sleeping in her house and she was not taking food.
Hence, the defacto complainant enquired her and she revealed
that when the first informant and her husband were not present
at their house, the petitioner used to come to their house
approaching her as he is loving her and assuring her as he
would marry her, thereby committed a aggravated and
preventative sexual assault on her. Thus, the defecto lodged
the complaint.

3. This led to registration of an FIR, and during the
course of investigation, this petitioner/accused No.1 was

arrested and in turn, he was remanded to judicial custody. The
petitioner had approached the trial court for grant of bail in
Criminal Misc.No.296/2026. In turn, the trial Court rejected the
bail petition on 10.07.2026. Hence, this petition.

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4. Learned counsel for the petitioner vehemently
contended that the petitioner is innocent and he has not
committed any offence as alleged by the prosecution. He has
been falsely implicated in the present case. There is no material
against the petitioner, and as per the FSL report, no seminal
stains are detected. Now the investigation is completed and the
Investigating Officer has already filed the charge sheet against
the petitioner and there is no necessity of the petitioner to
continue in the judicial custody. The petitioner is ready to abide
by any conditions to be imposed by this Court. Hence, learned
counsel for the petitioner prayed to allow the petition.

5. Per contra, learned HCGP vehemently contented
that there is prima facie allegation against the petitioner. The
statement of the victim recorded under Section 183 of BNSS
2023 reveals that she has categorically stated against the
accused and narrated the manner of aggravated and
penetrative to sexual assault committed on her. The medical
report clearly indicates that the hymen is ruptured. The victim
is minor aged 17 years and the DNA report is a conclusive proof
of the matter. If the accused is released on bail, he would

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tamper with the prosecution witnesses and hamper the trial.
Hence, learned HCGP prayed to reject the petition.

6. On perusal of the material available on record, it
reveals that the victim was a minor at the time of commission
of the alleged offence. As per the statement of the victim
recorded under Section 183 of BNSS, she has stated that the
accused entered her house and committed aggravated and
penetrative sexual assault on her repeatedly when she was
alone in her house, knowing that she is a minor girl. On perusal
of the medical record, it reveals that the hymen of the victim is
ruptured.

7. The memo along with the report of Investigating
Officer submitted by the learned HCGP reveals that the
Investigating Officer has not drawn samples for DNA analysis.
Further, as per the FSL report, no seminal stains are detected.
Admittedly, the investigation is completed and the Investigating
Officer has filed the charge sheet. In the instant case, it is
alleged that the victim girl is aged about 17 years and the
medical officer has conducted PCR test. In the absence of DNA

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report, and the fact that in the FSL report, no seminal stains
are detected.

8. On perusal of the entire prosecution papers and
having regard to the facts and circumstances of the case,
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 conditions.

9. Accordingly, this court proceeds to pass the
following:
ORDER
allowed
a. The Criminal petition is .

b. The petitioner/accused No.1 is directed to be enlarged
on bail in connection with crime No.2/2026 of Ittigi
Police Station, registered for the offences punishable
under Sections 3(2)(v), 3(2)(v-a), 3(1)(w)(i) of SC
and ST (Prevention of Atrocities) Act, 1989, Sections 4

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and 6 of the Prevention of Children from Sexual
Offences Act, 2012 and Sections 351(2) and 64(2)(m)
of the Bharatiya Nyaya Sanhita, 2023, pending on the
file of the learned Additional District and Sessions
Judge, Vijayanagara District, Hosapete in Spl.Case
No.296/2026 , subject to the following conditions:
i) Petitioner shall execute a personal bond in a sum of
Rs.2,00,000/- (Rupees two lakh only) with two
sureties for the likesum to the satisfaction of the trial
Court;
ii) Petitioner shall not threaten or tamper with the
prosecution witnesses directly or indirectly;
iii) Petitioner shall not involve in any offences in future.

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

MBS
CT:GSM
LIST NO.: 1 SL NO.: 27