01Facts
The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case alleging repeated aggravated and penetrative sexual assault on a 17-year-old girl.
pp. 2–3, 5The case was registered under Sections 3(2)(v), 3(2)(va) and 3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act, 1989; Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012; and Sections 351(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023.
pp. 2–3The trial court rejected bail; by the time of the petition, the investigation was complete and the charge sheet had been filed.
pp. 2–3, 5The victim’s statement under Section 183 BNSS alleged repeated assaults, and the medical record noted a ruptured hymen.
pp. 4–6The court also recorded that no samples had been drawn for DNA analysis and that the FSL report detected no seminal stains.
pp. 4–602Issues
i.Whether the petitioner should be granted regular bail under Section 483 BNSS, having regard to the allegations, the evidentiary material, and the relevant bail considerations.
pp. 2, 4–6ii.Whether completion of the investigation, the filing of the charge sheet, and the absence of detected seminal stains or a DNA report supported release on bail, subject to conditions.
pp. 5–703Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure) empowers the High Court to grant regular bail.
p. 2, 6In deciding bail, the court considered the nature of the allegations, the gravity of the offences and severity of punishment, the possibility of absconding, the accused’s character and antecedents, and the risk of tampering with prosecution witnesses.
p. 2, 6The alleged offences were under the SC/ST (Prevention of Atrocities) Act, 1989, the POCSO Act, 2012, and the Bharatiya Nyaya Sanhita, 2023.
pp. 2–3No precedent was cited.
Provisions in the judgment · 8 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 183
Code of Criminal Procedure, 1973 Section 439
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3
Protection of Children from Sexual Offences Act, 2012 Section 4Section 6
Bharatiya Nyaya Sanhita, 2023 Section 351Section 64
04Reasoning
The court acknowledged the serious allegations, the victim’s account of repeated assaults, her age, and the medical finding of a ruptured hymen.
pp. 4–5It also noted that the investigation was complete and the charge sheet had been filed, that no samples had been drawn for DNA analysis, and that the FSL report detected no seminal stains.
p. 5Considering the prosecution material and the usual bail factors, the court held that bail could be granted subject to conditions.
p. 605Holding
The petition was allowed, and the petitioner was directed to be released on regular bail in Crime No. 2/2026, pending the special case before the Additional District and Sessions Judge, Vijayanagara District, Hosapete.
pp. 6–7He must execute a personal bond of ₹2,00,000 with two sureties for the like sum, must not threaten or tamper with prosecution witnesses, and must not commit further offences.
p. 7The prosecution may seek cancellation of bail for breach of the conditions.
p. 7Original Court PDF
P D SADIQ SAB ALIAS PINJAR DUPADALLI SADIQ SABvsTHE STATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
