Criminal Petition No. 7246 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7246 OF 2025 BETWEEN: ASHWAQ KHAN AGED ABOUT 57 YEARS S/O LATE RAHAMAT KHAN NO.1/61, 2ND FLOOR, 3RD CROSS, 3RD MAIN, N.G.PALYA B.G. ROAD, BANGALORE - 560 029. (BY SRI MAHESH S, ADV.) AND: 1. THE STATE OF KARNATAKA BY SUDDAGUNTEPALYA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING BANGALORE - 560 001. 2. SRI SYED ALEEM AGED ABOUT 36 YEARS S/O SYED SALEEM NO.20, D STREET BEHIND BANGKOK STYLE CLOTH SHOP, BHARATHI NAGAR BENGALURU - 560 001.
Legal Reasoning
(BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 SERVED .,ADVOCATE) …PETITIONER …RESPONDENTS THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.C NO.152/2025 (CRIME NO.432/2024) REGISTERED BY 1ST Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR RESPONDENT SUDDAGUNTEPALYA P.S FOR O/P/U/S 351(2) OF BNS 2023 AND SEC.4, 5(L), 5(M) AND 6 OF POCSO ACT, 2012 PRESENTLY PENDING ON THE FILE OF THE HONBLE FTSC-1 ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No.152/2025 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-1, Bengaluru, arising out of Crime No.432/2024 registered by Suddhaguntepalya Police Station, Bengaluru, for the offences punishable under Sections 351(2) of BNS, 2023 and Section 4, 5(L), 5(m) & 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR 4. FIR in Crime No.432/2024 was registered by Suddhaguntepalya Police Station, Bengaluru against the petitioner herein initially for the offences punishable under Sections 4, 5(L), 5(m) & 6 of the Protection of Children from Sexual Offences Act, 2012, on the basis of first information submitted on 12.12.2024 received from respondent No.2 herein who is the father of the victim boy, aged about 11 years. During the course of investigation, the petitioner was arrested on 13.12.2024. After completing investigation in the case, charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the jurisdictional Sessions Court was rejected. Therefore, at crime stage, the petitioner had approached this Court in Crl.P.No.347/2025, which was dismissed by the coordinate bench of this Court on 06.02.2025. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. - 4 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR Thereafter, the petitioner had filed a fresh bail application before the Trial Court in Crl.Misc.No.1714/2025, which was rejected on 06.03.2025. Therefore, he is before this Court in this successive bail application. 6. Learned counsel for the petitioner reiterating the grounds urged in the petition submits that the medical records of the victim boy, which are now available on record do not support the allegation found in the charge sheet. The petitioner is the maternal grandfather of the victim boy. The mother of the victim boy is born to the petitioner from his first wife whom the petitioner has divorced and his first wife is now married to another person and she is living separately. Even as per the material available on record, the first informant and his wife had met the petitioner for the first time, after a period of 28 years, in the month of September, 2024. The alleged offence is said to have been committed between the period from 11.10.2024 to 01.11.2024. Considering the fact that the petitioner had no contact with his daughter - 5 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR and son-in-law for a period of about 28 years, the allegation now made that their son was taken to the house of the petitioner and he was sexually assaulted, becomes doubtful. Investigation of the case is complete and charge sheet has been filed. Accordingly, he prays to allow the petition. 7. Per contra, learned HCGP for respondent No.1, who has opposed the petition submits that serious allegations are found against the petitioner in the first information as well as in the charge sheet. The victim boy has made allegation against the petitioner even in his statement recorded under Section 183 of BNS, 2023. In the event the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. 8. Perusal of the material on record would go to show that, the mother of the victim boy is the daughter of the petitioner herein, who was born to his first wife Smt. Hashima Begum. It appears that the petitioner has - 6 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR divorced his first wife Hashima Begum and he is now married to another lady. He was therefore residing with his second wife and mother. 9. From a reading of further statement of the first informant, which was recorded on 03.01.2025, it is found that he and his wife, who are the parents of the victim boy had met the petitioner for the first time, after a period of about 28 years, in the month of September, 2024. The allegation now made against the petitioner is that thereafter the petitioner came to the house of the first informant and requested to send their son with him to his house during Dasara and Deepavali vacation and when the victim boy was staying in the house of the petitioner, the petitioner sexually assaulted him. In the charge sheet as well as in the statement of the victim boy there is an allegation against the petitioner that he had penetrative anal sexual intercourse with the victim boy. 10. When the victim boy was medically examined on 14.12.2024, which is immediately after registration of - 7 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR FIR in the present case, it was found that he had not suffered any external injuries on his body and there was no sign of using force. However, final report was awaiting from FSL. After receipt of FSL report, which is now received in the present case, final opinion is issued by the Medical Officer of St. Johns medical college hospital on 25.01.2025 which states that, "there are no signs suggestive of penetration of anns". 11. The petitioner, who has no other criminal antecedents is in custody from 13.12.2024. Investigation of the case is completed and charge sheet has been filed. The allegations found in the charge sheet are required to be proved in a full-fledged trial. Earlier bail application of the petitioner was rejected at the crime stage and at that stage the medical reports of the victim boy were not available on record. 12. Considering the aforesaid aspects of the matter and also having regard to the strained relationship between the parties, I am of the opinion that the prayer - 8 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR made by the petitioner for grant of regular bail is required to be answered affirmatively. 13. Accordingly, the following:
Decision
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.152/2025 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-1, Bengaluru, arising out of Crime No.432/2024 registered by Suddhaguntepalya Police Station, Bengaluru, for the offences punishable under Sections 351(2) of BNS, 2023 and Section 4, 5(L), 5(m) & 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 9 - NC: 2025:KHC:22339 CRL.P No. 7246 of 2025 HC-KAR unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) 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 NMS