Karnataka High Court
Intekhab Noori @ Md Intekhab Noori vs State Of Karnataka on 13 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:32443
CRL.P No. 6034 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6034 OF 2024
BETWEEN:
INTEKHAB NOORI @ MD INTEKHAB NOORI,
S/O ABDUL KHALEK,
AGED ABOUT 22 YEARS,
R/AT KUSIALI,
KISHANGANJ DISTRICT,
BIHAR - 855 117.
PRESENTLY RESIDING AT:
AL KHAYOOM MOSQUE BUILDING,
Digitally
signed by
FAIZAN MANIK MASTAN MADARASA
NANDINI MS AMARJYOTHI LAYOUT,
Location: High
Court of THANISANDRA,
Karnataka
BANGALORE.
INTEKHAB NOORI @ MD INTEKHAB NOORI,
S/O ABDUL KHALEK
AGED ABOUT 20 YEARS,
R/AT POTHIA PO,
KUSIARI,
KISHANGANJ,
BIHAR - 855 117.
...PETITIONER
(BY SRI. MOHAMMED PASHA C, ADVOCATE)
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NC: 2024:KHC:32443
CRL.P No. 6034 of 2024
AND:
1. STATE OF KARNATAKA
BY SAMPIGEHALLI POLICE,
REPRESENTED BY SPP,
HIGH COURT CAMPUS,
BANGALORE - 560 001.
2. XXX
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
NOTICE TO R2 IS HELD SUFFICIENT VIDE
ORDER DATED 13.08.2024)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.2679/2023
(CR.NO.376/2023) OF SAMPIGEHALLI P.S., BENGALURU CITY
FOR THE OFFENCE P/U/S 377, 506 R/W 34 OF IPC AND SEC.4,
5(f)(1)(m)(o), 6, 17, 21 OF POCSO ACT AND SEC.75 OF JJ ACT
PENDING ON THE FILE OF THE HONBLE ADDL. CITY CIVIL AND
SESSIONS JUDGE (FTSC-1) AT BENGALURU WHEREIN THIS
PETITIONER IS ARRAYED AS ACCUSED NO.1.
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 No.1 in Spl.C.C.No.2679/2023 pending before the Court of Additional City Civil and Sessions Judge, FTSC-I, -3- NC: 2024:KHC:32443 CRL.P No. 6034 of 2024 Bengaluru arising out of Crime No.376/2023 registered by Sampigehalli Police Station, Bengaluru for offences punishable under Sections 377 and 506 of IPC and Sections 4, 5(f), 5(l), 5(m), 5(o), 6, 17 and 21 of Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. On the basis of the first information submitted by respondent No.2 dated 05.10.2023, F.I.R., in Crime No.376/2023 was registered by Sampigehalli Police Station, Bengaluru against the petitioner and three others. During the course of investigation, petitioner was arrested on 16.10.2023 and remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.154/2024 was rejected on 19.03.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that petitioner and accused No.2 are arraigned as accused in the present case only on the basis of suspicion expressed by the -4- NC: 2024:KHC:32443 CRL.P No. 6034 of 2024 first informant and the victim. Accused No.2 has been granted regular bail by this Court in Crl.P.No.2606/2024 and accused Nos.3 and 4 also have been granted regular bail by this Court in Crl.P.No.2562/2024 and Crl.P.No.11957/2023. Petitioner has no criminal antecedents and he is in custody from 16.10.2023. Accordingly, prays to allow the petition.
5. Per contra, the learned HCGP has opposed the petition. He submits that petitioner has committed a heinous offence and his prayer is liable to be rejected. Accordingly, prays to dismiss the petition.
6. In the first information submitted by respondent No.2 it is stated that his son who is the victim in the present case aged about 11 years was studying in Madarasa and on 04.10.2023 he had informed his mother that during night time for the last four months somebody used to come to the place where he was sleeping and have unnatural sex with him and sodomize him. The first informant had therefore gone to the Madarasa and enquired with the Principal and other teachers, but they allegedly did not properly respond and also did not allow him to check CCTV camera found in the Madarasa. It is -5- NC: 2024:KHC:32443 CRL.P No. 6034 of 2024 in this background, first informant had approached the Police and submitted first information suspecting the petitioner and accused No.2 for having committed the alleged act of unnatural sex with the victim. Petitioner was arrested during the investigation on 16.10.2023. Investigation in the case is completed and charge sheet has been filed. In the statement of the victim that was recorded by the jurisdictional Magistrate under Section 164 of Cr.P.C., the victim has not clearly stated about the act committed by the petitioner, but only suspicioin is being raised against him. Accused No.2 as against whom similar allegations were found in the charge sheet has been enlarged on bail by this Court in Crl.P.No.2606/2024. Accused Nos.3 and 4 have been granted regular bail in Crl.P.No.2562/2024 and Crl.P.No.11957/2023. Undisputedly petitioner has no criminal antecedents. Under these circumstances, I am of the opinion that petitioner prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:
ORDER The petition is allowed.-6-
NC: 2024:KHC:32443 CRL.P No. 6034 of 2024 The petitioner is directed to be enlarged on bail in Spl.C.C.No.2679/2023 pending before the Court of Additional City Civil and Sessions Judge, FTSC-I, Bengaluru arising out of Crime No.376/2023 registered by Sampigehalli Police Station, Bengaluru for offences punishable under Sections 377 and 506 of IPC and Sections 4, 5(f), 5(l), 5(m), 5(o), 6, 17 and 21 of Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 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 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.-7-
NC: 2024:KHC:32443 CRL.P No. 6034 of 2024
e) The petitioner shall not involve in similar offences in future.
SD/-
(S VISHWAJITH SHETTY) JUDGE GPG List No.: 1 Sl No.: 34 CT: BHK