Karnataka High Court
Altaf S/O Kashimsab Babannavar vs The State Of Karnataka on 22 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:10690
CRL.P No. 102230 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102230 OF 2025
(439(CR.PC)/483(BNSS))
BETWEEN:
ALTAF S/O KASHIMSAB BABANNAVAR,
AGE. 25 YEARS, OCC. AGRICULTURE/STUDENT,
R/O. NAREGAL, TQ. GAJENDRAGAD,
DIST. GADAG.
... PETITIONER
(BY SRI. ASIF M. GALAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY NAREGAL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD.
2. RAJMA W/O. NOORUSAB BISANALLI
(MOTHER OF THE COMPLAINANT),
AGE. 45 YEARS, OCC. COOLIE WORK,
Digitally
R/O. BOLDOZAR NAGAR, NAREGAL,
signed by
RAKESH S TQ. GAJENDRAGAD, DIST. GADAG-582 119.
RAKESH HARIHAR
S Location: ... RESPONDENTS
HIGH COURT
HARIHAR OF
KARNATAKA
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
DHARWAD
BENCH
R2-SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW
THE PRESENT PETITION BY ENLARGING PETITIONER/ACCUSED NO.2
ON BAIL IN CONNECTION WITH CRIME NO.07/2025 REGISTERED BY
THE NAREGAL POLICE STATION, DIST: GADAG, UNDER SECTIONS
75(2), 137(2), 64(2)(M), 351(2), 3(5) OF BNS, 2024 AND 4, 6, 12,
15 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,
2012, 66(E), 67(B) OF I.T. ACT, 2000, PENDING ON THE FILE OF
ADDL. DISTRICT AND SESSIONS JUDGE, GADAG IN SC NO.45/2025.
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CRL.P No. 102230 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON’BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.2 in S.C.No.45 of 2025, pending
before the Court of Principal District and Sessions Judge
and Special Judge, Gadag, arising out of Crime No.7 of
2025 registered by Naregal Police Station, Gadag, for
offences punishable under Sections 75(2), 137(2),
64(2)(m), 351(2) read with Section 3(5) of BNS 2023,
Sections 4, 6, 12 and 15 of the Protection of Children from
Sexual Offences Act, 2012 and Sections 66(e) and 67(b)
of the Information Technology Act, 2000, is before this
Court under Section 483 of BNSS 2023, seeking regular
bail.
2. Heard learned counsel for the petitioner and the
learned HCGP for respondent Nos.1 and 2.
3. FIR in the present case was registered against
Suleman Rajesab and the petitioner herein, initially for
offences punishable under 75(2), 137(2), 64(2)(m),
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351(2) read with Section 3(5) of BNS 2023 and Sections
4, 6, 12 and 15 of POCSO Act, based on the first
information dated 30.01.2025 received from the victim
girl, aged about 15 years. During the course of
investigation, petitioner was arrested on 31.01.2025 and
subsequently remanded to judicial custody. After
completing investigation, charge sheet has been filed
against two persons and petitioner is arrayed as accused
No.2 in the charge sheet. His bail application filed before
the trial Court in Crl.Misc.No.45 of 2025 was rejected on
17.05.2025 and therefore, he is before this Court.
4. Perusal of the first information as well as the
charge sheet which is filed in the present case would go to
show that allegation of having sexual intercourse with the
victim girl is found only as against accused No.1, who is
arrested and is said to be in judicial custody. So far as the
petitioner herein is concerned, he allegedly had contacted
the victim girl on 24.12.2024 and informed her that he
had the video recording of accused No.1 having sexual
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CRL.P No. 102230 of 2025
HC-KAR
intercourse with the victim and had asked her to cooperate
with him and had asked sexual favour from her, failing
which he had threatened of circulating the video which he
had, in the social media. There is no allegation against the
petitioner either in the first information or in the charge
sheet, about he committing any kind of sexual assault on
the victim girl. Allegation against him is about sexual
harassment and also of storing pornographic material
involving the victim girl, which is punishable under
Sections 12 and 15 of the POCSO Act. Maximum
punishment for the alleged offences against the petitioner
is imprisonment for a period of 5 years. Petitioner is in
custody for the last more than 6 months. Under the
circumstances, I am of the opinion that prayer made by
the petitioner for grant of regular bail needs to be
answered in the affirmative. Accordingly, the following:
ORDER
i. Criminal Petition is allowed.
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CRL.P No. 102230 of 2025HC-KAR
ii. The petitioner is directed to be enlarged on
bail in S.C.No.45 of 2025, pending before the
Court of Principal District and Sessions Judge
and Special Judge, Gadag, arising out of
Crime No.7 of 2025 registered by Naregal
Police Station, Gadag, for offences
punishable under Sections 75(2), 137(2),
64(2)(m), 351(2) read with Section 3(5) of
BNS 2023, Sections 4, 6, 12 and 15 of the
Protection of Children from Sexual Offences
Act, 2012 and Sections 66(e) and 67(b) of
the Information Technology Act, 2000,
subject to the following conditions:
1. The petitioner shall execute personal
bond for a sum of Rs.1,00,000/-
with 2 sureties for the likesum to the
satisfaction of the jurisdictional
Court;
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HC-KAR
2. The petitioner shall appear regularly
on all the dates of hearing before the
Trial Court unless the Trial Court
exempts his appearance for valid
reasons;
3. The petitioner shall not directly or
indirectly threaten or tamper with
the prosecution witnesses;
4. The petitioner shall not involve in
similar offences in future;
5. The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the
case registered against him is
disposed off.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KGK
CT:BCK /LIST NO.: 1 SL NO.: 13
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