Karnataka High Court
Shri Rafiq S/O. Lalsab Bepari vs The State Of Karnataka on 19 February, 2025
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NC: 2025:KHC-D:3330
CRL.A No. 100477 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100477 OF 2024
(U/S 14 A(2) of SC and ST ACT)
BETWEEN:
SHRI RAFIQ
S/O. LALSAB BEPARI
AGE: 33 YEARS, OCCUPATION: BUSINESS,
R/O. GANDHINAGAR (GAOUTAN), MUNAVALLI,
TQ: SAVADATTI, DIST: BELAGAVI, PIN - 591 117.
...APPELLANT
(BY SRI. S M MUCHHANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE POLICE INSPECTOR SAVADATTI,
TALUK: SAVADATTI, DISTRICT: BELAGAVI
PIN - 591 126.
R/BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA,
Digitally AT DHARWAD BENCH, PIN - 580 011.
signed by
NARAYANA
UMA 2. SMT. KAVERI
Location: W/O. YALLAPPA BHAJANTRI,
HIGH COURT AGE: 28 YEARS, OCC: HOUSEHOLD,
OF
KARNATAKA R/O: SIDDESHWAR NAGAR, MUNAVALLI,
TQ: SAVADATTI, DIST: BELAGAVI, PIN - 591 117.
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1;
SMT. S R HEGDE, ADVOCATE FOR R2 (AB))
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC/ST (PA)
ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN
CRI.MISC. NO.861/2024 DATED 19.08.2024 AND ETC.,
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NC: 2025:KHC-D:3330
CRL.A No. 100477 of 2024
THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
01.02.2025, COMING ON FOR PRONOUNCEMENT OF JUDGMENT,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. This appeal is filed by the appellant / accused No.1,
seeking to set aside the order dated 19.08.2024 passed
in Crl.Misc. No.861/2024 by the III Additional District
and Sessions Judge, Belagavi and enlarge the appellant
on bail in Crime No.164/2024 of the respondent - Police
in Spl.Case No.336/2024 pending on the file of III
Additional District and Sessions Judge, Belagavi.
Brief facts of the case:-
2. It is the case of the prosecution that Smt.Kaveri W/o
Yallappa Bhanjantri lodged a complaint stating that she
was running a grocery shop which is attached to her
house. It was being managed by both herself and her
mother-in-law. The accused was acquainted with her
when she was in the shop and he used to come and talk
with her often.
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3. It is further stated that he had induced her by stating that
he would get her a suitable job as he knew many
politicians. As such, he developed the intimacy and had
sexual intercourse with her. The husband of the
complainant after having come to know the said
relationship with the accused, he was quarreling with her.
As a result, she had to leave her husband and had to stay
in her parents house.
4. It is further stated that, again, the accused continued the
relationship with the victim by blackmailing her. Such
being the fact, she went along with the appellant and
started staying at Sharada Swadhar Kendra, Belagavi for
four months, thereafter, he has shifted her to one rented
house situated at Basava Colony at Belagavi. It is further
stated that the appellant committed rape on her during
her stay in the said house. Further, it is stated that he
had arranged one lady to look after her movements and
used to demand her that she should convert to Islam and
marry him.
5. On 15.04.2024, she was traced by her husband and
thereafter she narrated the incident to her husband. On
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discussion with the elders, she lodged a complaint before
the jurisdictional police. The jurisdictional police after
investigating the case, submitted the charge sheet.
6. Heard Sri.S.M.Muchandi, learned counsel for the appellant
and Smt.Girija Hiremath, learned High Court Government
Pleader for Respondent No.1. Respondent No.2 remained
absent.
7. It is the submission of the learned counsel for the
appellant that now the charge sheet has been filed.
Though there are some allegations made against the
appellant, the fact remains that she being a matured lady
having a child and husband, went along with the
appellant and stayed for four to five months without
lodging any complaint. The manner in which she was
staying with the appellant would indicate that she
consented even for sexual activities. Such being the fact,
languishing the appellant in judicial custody for a longer
period would not serve any purpose.
8. It is further submitted that the appellant is a permanent
resident of Gandhinagar, Munavalli, Savadatti Taluk,
Belagavi and he will abide the conditions imposed by this
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Court in the event of his release on bail. Making such
submissions, the learned counsel for the appellant prays
to allow the appeal.
9. Per contra, the learned High Court Government Pleader
for respondent No.1 vehemently opposed the said
submissions and she further submitted that the offences
made out against the appellant are serious in nature. He
had induced the woman who is unable to understand the
consequences and committed rape on her. Further, he
has demanded her to convert to Islam for the purpose of
marriage. Forcing her to convert from one religion to
another religion, certainly, is a serious issue and it needs
to be regulated.
10. It is further submitted that, in case, if the bail is granted
to the appellant, he would threaten the prosecution
witnesses and hamper the Court proceedings. Therefore,
he is not entitled for any relief as prayed for till
completion of the trial. Making such submissions, the
learned High Court Government Pleader for respondent
No.1 prays to dismiss the appeal.
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11. Having heard the learned counsel for the respective
parties and also perused the averments of the charge
sheet, no doubt, the Investigation Officer submitted the
charge sheet against the appellant. On going through the
averments of the charge sheet, it appears that the
appellant herein had confined the victim by keeping a
woman to watch her movements and forcing her to
convert to Islam. The said act of the appellant is
unpardonable. It is needless to state that forcing men or
women to convert from one religion to another is a
serious issue and stringent action is needed in such
cases.
12. Having considered the facts and circumstances of the
case, I am of the considered opinion that it is not
appropriate to grant bail to the appellant till completion of
the evidence of the victim by keeping in mind the safety
of the witnesses.
13. In the light of the observations made above, I proceed to
pass the following:
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ORDER
The Criminal Appeal stands dismissed.
The liberty is reserved to the appellant to file similar
application after completion of the evidence of the victim.
Sd/-
(S.RACHAIAH)
JUDGE
UN
