Karnataka High Court

Mehaboobsabmulla S/O Modinsab Mulla vs State Of Karnataka on 29 August, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                                       NC: 2025:KHC-D:10919
                                                                  CRL.A No. 100426 of 2025


                              HC-KAR



                                   IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                                     DATED THIS THE 29TH DAY OF AUGUST, 2025
                                                     BEFORE
                                   THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
                                       CRIMINAL APPEAL NO. 100426 OF 2025
                                          (U/S 14 A(2) OF SC AND ST ACT)
                              BETWEEN:

                              1.    MEHABOOBSAB MULLA S/O MODINSAB MULLA,
                                    AGE. 47 YEARS, OCC. BUSINESS,
                                    R/O. W.NO.4, SIDDAPUR,
                                    TQ. GANGAVATHI,
                                    DIST. KOPPAL-583 231.

                              2.    DASTGEER S/O. HUSSAINSAB,
                                    AGE. 41 YEARS, OCC. BUSINESS,
                                    R/O. WARD NO.5, NEAR MADINA MASJID,
                                    SIDDAPUR, TQ. GANGAVATHI,
                                    DIST. KOPPAL-583 231.

                              3.    HUSSAINBASHA TAVARGERA
                                    S/O. BADESAB TAVARGERA,
                                    AGE. 43 YEARS, OCC. BUSINESS,
                                    R/O. DULGAM GUDI HATTIRA SIDDAPUR,
                                    TQ. GANGAVATHI, DIST. KOPPAL-583 231.
           Digitally signed
           by RAKESH S        4.    MAHAMAD SHAFI S/O. BASHUSAB
RAKESH HARIHAR
S       Location: HIGH
        COURT OF
                                    AGE. 41 YEARS, OCC. BUSINESS,
HARIHAR KARNATAKA
           DHARWAD                  R/O. WARD NO.5, SIDDAPUR,
           BENCH
                                    TQ. GANGAVATHI, DIST. KOPPAL-583 231.

                              5.    MOHIN S/O. MAHEBOOB,
                                    AGE. 23 YEARS, OCC. BUSINESS,
                                    R/O. WARD NO.4, SIDDAPUR,
                                    TQ. GANGAVATHI, DIST. KOPPAL-583 231.
                                                                                ... APPELLANTS
                              (BY SRI. SADIQALI GOODWALA, ADVOCATE)

                              AND:

                              1.    STATE OF KARNATAKA,
                                    BY STATE PUBLIC PROSECUTOR,
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                                            NC: 2025:KHC-D:10919
                                      CRL.A No. 100426 of 2025


HC-KAR



     HIGH COURT OF KARNATAKA,
     DHARWAD BENCH,
     THROUGH KARATAGI POLICE STATION,
     GANGAVATHI SUB-DIVISION,
     DIST. KOPPAL-583 231.

2.   JAYAMMA W/O. DURGAPPA YARADAL,
     AGE. 45 YEARS, OCC. LABORER,
     R/O. NEAR DURUGAMMA TEMPLE,
     WARD NO.5, SIDDAPURA VILLAGE,
     TQ. KARATAGI, DIST. KOPPAL-583 231.
                                                      ... RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
    SRI. S.B. PATIL, ADVOCATE FOR R2)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF
SC AND ST ACT 1989, PRAYING TO ALLOW THE PETITION OF
PETITIONERS/ACCUSED      NO.1    TO    5   FOR   GRANT     OF    THE
ANTICIPATORY BAIL IN FAVOR OF THE PETITIONERS AND DIRECT THE
RESPONDENT    KARATAGI    POLICE      STATION    TO    RELEASE   THE
PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.159/2025 IN
PENDING BEFORE ADDL. DISTRICT AND SESSIONS COURT KOPPAL,
SITTING AT GANGAVATHI, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 3(1)(R), 3(1)(S), 3(1)(W), 3(2)(VA) OF PREVENTION OF
ATROCITIES ACT 1989, AND PUNISHABLE UNDER SECTIONS 189(2),
191(2), 329(4), 115(2), 74, 133, 352, 351(2) R/W 190 OF BNS 2023,
AND SET ASIDE ORDER DATED 07.07.2025 IN CRL. MISC.146/2025
PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL, SITTING
AT GANGAVATHI, IN THE INTEREST OF JUSTICE.


      THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER:
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                                               NC: 2025:KHC-D:10919
                                        CRL.A No. 100426 of 2025


HC-KAR



                       ORAL JUDGMENT

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.1 to 5 in Crime No.159/2025 registered by

Karatagi Police Station, Koppal District, for offences

punishable under Sections 3(1)(r), 3(1)(s), 3(1)(w),

3(2)(va) of SC & ST (Prevention of Atrocities) Act 1989, and

punishable under Sections 189(2), 191(2), 329(4), 115(2),

74, 133, 352, 351(2) r/w 190 of Bharatiya Nyaya Sanhita,

2023, are before this Court in this appeal filed under

Section 14(A)(2) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 2015.

2. Heard the learned counsel for parties.

3. FIR in Crime No. 159/2025 was registered by

Karatagi Police Station, Koppal District, for the aforesaid

offences against appellants herein based on the first

information dated 13.06.2025 received from respondent No.2,

who is the alleged victim in the present case. Apprehending

arrest in the case, appellants had filed Criminal Miscellaneous

No.146/2025 before the jurisdictional Sessions Court, which

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was rejected on 07.07.2025. Therefore, they are before this

Court.

4. The learned counsel for the appellants submits

that, appellant no.1 is a charge sheet witness in a POCSO

case that was registered against the son of the first

informant. With ulterior motive she has lodged a false

complaint at the instance of certain others. No such incident

as alleged had taken place on 12.06.2025. Appellants are

ready and willing to co-operate with the police for the

purpose of investigation.

5. Learned HCGP submits that accused No.1 is a

person with criminal antecedent facing multiple criminal

cases. Learned counsel appearing for respondent no.2

submits that respondent no.2 is present in person before

the Court and she has no objection for allowing the appeal.

He submits that respondent no.2, at the instance of some

others, had approached the police and submitted the typed

first information, which was given to her.

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6. In the typed first information dated 13.06.2025,

which is submitted by respondent no.2 before the police, it

is alleged that on 12.06.2025 at about 11.30 p.m., when

the victim was in her house, the appellants forcibly

trespassed into her house and sought sexual favours from

her. They allegedly abused her referring to her caste and

also assaulted her and kicked her on her private part and

tried to commit her murder. When she raised a cry, some

villagers came there and rescued her.

7. Victim has not stated that, when the appellants

abused her referring to her caste anybody else was present

inside her house. Undisputedly, the alleged incident has

taken place inside the house of the victim and the same is

not in public view. Therefore, it becomes doubtful whether

the offences punishable under the Provisions of SC/ST

(POA) Act get attracted in the present case. Even otherwise

the respondent No.2 who is present before the Court has

submitted that she has no objection to allow the appeal and

at the instance of some others she had submitted the typed

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first information which was handed over to her. Considering

the aforesaid aspects of the matter, I am of the opinion that

prayer made by the appellants for grant of anticipatory bail

needs to be answered affirmatively. Accordingly, the

following:

ORDER

Criminal Appeal is allowed.

The order dated 07.07.2025 passed by the Additional

District and Sessions Judge, Koppal (sitting at Gangavathi) in

Criminal Miscellaneous No.146/2025 is hereby set aside.

The respondent - Police or any other Police in the State

of Karnataka are directed to release the appellants in the

event of their arrest in Crime No.159/2025 registered by

Karatagi Police Station, Koppal District, for offences

punishable under Sections 3(1)(r), 3(1)(s), 3(1)(w),

3(2)(va) of SC & ST (Prevention of Atrocities) Act 1989, and

punishable under Sections 189(2), 191(2), 329(4), 115(2),

74, 133, 352, 351(2) r/w 190 of Bharatiya Nyaya Sanhita,

2023, subject to the following conditions:

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i. The appellants shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the investigating officer.

ii. The appellants shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

iii. The appellants shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.