ROSHANJAMEER S/O MAQBOOL AHMAD HONKAN vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17761
CRL.P No. 102600 of 2026
CNR: KAHC020177972026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102600 OF 2026
(438(Cr.PC)/482(BNSS)
BETWEEN:
ROSHANJAMEER S/O MAQBOOL AHMAD HONKAN
AGED ABOUT 23 YEARS,
OCCUPATION: COOLIE,
R/O SHA BAZAAR,
BANKAPUR VILLAGE,
TALUK: SHIGGAON,
DISTRICT: HAVERI- 581202.
…PETITIONER
(BY SRI. SADIK KANVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BANKAPUR PS
TALUK: SHIGGAON, DISTRICT: HAVERI,
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD- 580011.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
2. NASIRAKHAN S/O DILERAKHAN PATHAN
AGED ABOUT 47 YEARS,
OCCUPATION: COOLIE,
R/O: AHMED NAGAR BANKAPUR TOWN,
SHIGGAON TALUK,
HAVERI DISTRICT - 581202.
3. VICTIM (MINOR)
AGED ABOUT 17 YEARS,
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NC: 2026:KHC-D:17761
CRL.P No. 102600 of 2026
CNR: KAHC020177972026
REPRESENTED BY HER
FATHER NATURAL GUARDIAN
(RESPONDENT - 2) RESIDING AT BANAKAPUR
AHAMMAD NAGAR,
SHIGGAON TALUK,
HAVERI DISTRICT,
KARNATAKA- 581202.
…RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1;
SRI. RIYAZAHMED NADAF, ADVOCATE FOR R2 AND R3)
THIS CRIMINAL PETITION IS FILED U/S. 438 OF CR.P.C.
(U/S. 482 OF BNSS, 2023) SEEKING TO DIRECT THE
RESPONDENT POLICE TO ENLARGE THE PETITIONER/ACCUSED
ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH BANKAPUR PS CRIME NO.99/2026
REGISTERED FOR THE OFFENCE P/U/SEC. 64(2)(m) OF THE
BNS, 2023 AND SEC. 4 AND 6 OF THE POCSO ACT, 2012.
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 438
Cr.P.C./Sec.482 of BNSS, 2023, seeking for anticipatory bail in
connection with Crime No.99/2026, of Bankapura Police
Station, Haveri, registered for the offence punishable under
Section 64(2) (m) of the Bharatiya Nyaya Sanhita(BNS), 2023
and Sections 4 and 6 of the Protection of Children from Sexual
Offences (POCSO) Act, 2012.
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CRL.P No. 102600 of 2026
CNR: KAHC020177972026
2. The case of the prosecution in nutshell, is that the
petitioner/ accused and victim were closely acquainted with
each other since many days, and subsequently, the petitioner
under the guise of marriage had committed aggravated and
penetrative sexual assault on the victim, consequent upon
which, the victim became pregnant. Since the condition was
precarious, she was shifted to hospital, where the doctor
examined and came to know that the victim is pregnant and
she has stated that her age is 17 years. Hence, the matter was
reported to the police, the police visited the hospital and the
complaint was registered. On the basis of the complaint, FIR
came to be registered and then, the petitioner was arrested
and remanded to judicial custody. Subsequently, the
Investigating Officer completed the investigation and filed the
charge sheet against the petitioner for the aforesaid offences.
The petitioner approached the learned Special Judge, who has
rejected the bail petition filed by the petitioner, hence the
petitioner is before this Court.
3. Heard learned counsel for the petitioner, learned HCGP
for respondent No.1 State as well as respondent
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No.2/complainant, who is present before the Court and also the
victim, who is present before the Court. Perused the records.
4. The allegations made in the complaint discloses that
the petitioner and the victim were in love since many days. It is
also evident that she is aged 17 years 7 months as on the date
of the incident and she has worldly knowledge of the
consequence of her acts. As per the case of the prosecution,
the petitioner took the victim, committed aggravated and
penetrative sexual assault on her, which resulted in her
pregnancy. Apart from that, the petitioner/accused has filed an
affidavit undertaking that he will marry the victim girl as soon
as she attains majority and the de-facto complainant, who is
none other than minor guardian of the victim has also filed an
affidavit stating that he is prepared to perform the marriage of
the victim with the petitioner, immediately the victim attains
age of majority. It is also evident on record that the victim also
filed her affidavit stating that she is also ready to marry the
petitioner. Investigation is completed. Since the de-facto
complainant and victim themselves filed the affidavit stating
that the accused is ready to marry the victim, hence no
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CNR: KAHC020177972026
purpose would be served by keeping the petitioner in custody
for further period, since the parties have agreed for
performance of their marriage.
5. Under the above circumstances and in view of filing of
respective affidavits by the parties agreeing for performance of
marriage of the petitioner and the victim, immediately on her
attaining the age of majority, I find no impediment for
admitting the petitioner on anticipatory bail. The other
apprehensions raised by learned HCGP can be meted out by
imposing certain conditions. Hence the petition needs to be
allowed.
Accordingly, the Court proceeds to pass the following:
ORDER
allowed
Criminal petition is . The respondent-Police
Station are directed to release the petitioner/accused on bail in
the event of his arrest in connection with Crime No.99/2026 of
Bankapura Police Station, for the offences punishable under
Section 64(2) (m) of the Bharatiya Nyaya Sanhita(BNS), 2023
and Sections 4 and 6 of the Protection of Children from Sexual
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Offences (POCSO) Act, 2012, subject to the following
conditions:
i. The petitioner shall execute a personal bond in a
sum of Rs.2,00,000/- (Rupees Two lakh only)
with a surety for the likesum to the satisfaction
of the Investigating Officer/Station House
Officer;
ii. The petitioner shall surrender before the
Investigating Officer/Station House Officer within
fifteen days from the date of receipt of a
certified copy of this order;
iii. The petitioner shall appear before the
Investigating Officer as and when called for, for
the purpose of investigation;
iv. The petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
v. The petitioner shall mark his attendance before
Investigating Officer/Station House Officer on
the first Sunday of every month between 10.00
a.m. and 5.00 p.m. for a period of six months or
till filing of charge-sheet, whichever is earlier,
and
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vi. The petitioner shall not indulge in any similar
offences.
If any of the above conditions are violated, the
prosecution is at liberty to move the Court for cancellation of
bail.
It is made clear that the above observation is made
herein are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MN /CT-AN
List No.: 1 Sl No.: 64