Karnataka High Court
Mohammad Ajaruddin S/O Abdul Hameed vs State Of Karnataka on 4 December, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:17849
CRL.P No. 103348 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 103348 OF 2024
BETWEEN:
MOHAMMAD AJARUDDIN S/O ABDUL HAMEED
AGE. 38 YEARS, OCC: GOVERNMENT TEACHER
R/O. MASIDI ONI, AMMINBHAVI
NEAR AMBADASA NILAYA
ANATHASHRAMA DHARWAD
NOW AT J.P. NAGAR, KARATAGI TQ.
KOPPAL DISTRICT.
...PETITIONER
(BY SRI ABHINANDAN M GUNDAWADE, ADVOCATE)
Digitally signed by AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH STATE OF KARNATAKA
COURT OF
KARNATAKA BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, AT DHARWAD
THROUGH KARATAGI POLICE STATION.
...RESPONDENT
(BY SMT. GIRIJA HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF Cr.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN SC.No.82/2022, PENDING
ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS
JUDGE, KOPPAL (SITTING AT GANGAVATHI) FOR THE ALLEGED
OFFENCES U/S 376, 354, 355, 323, 504, 506, 201 OF IPC AND
ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:17849
CRL.P No. 103348 of 2024
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
1. This successive bail petition is filed by the sole accused under Section 439 of Cr.P.C, seeking bail in Crime No.140/2022 at Karatagi Police Station registered for the offences under Sections 376, 354, 355, 323, 504 and 506 of the Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') and Section 66E of the Information Technology Act, 2000 (for short hereinafter referred to as 'I.T.Act').
2. Case of the prosecution is that, the petitioner - accused is a teacher in the Government Higher Primary School, Singapur of Raichur District. He promising the complainant that he will provide additional education to her physically handicapped daughter, became closely acquainted with the complainant and subsequently, had sexual intercourse with her by calling her to his house and -3- NC: 2024:KHC-D:17849 CRL.P No. 103348 of 2024 had video graphed the sexual act with the complainant. The petitioner - accused, thereafter, by taking undue advantage of the video graph containing sexual act of him with the complainant, by showing her has often harassed her in having sexual activity with her by threatening her that, if she does not heed in having sexual activity, he would show the said video in her parental home and damage her image and respect. It is further stated that, the complainant requested the petitioner - accused not to blackmail her and she made up her mind to commit suicide, but because of her daughter, who was a minor and handicapped, has not resorted to such an act. That on 30.06.2022 at around 5:00pm when the complainant was residing in her house at Karatagi, the petitioner - accused came to her house, abused her, harassed and caught hold her saree and attempted to squeeze her neck and tried to outrage the modesty of the complainant. When the acts of this petitioner - accused were brought to the notice of her husband, he requested the petitioner - accused not to commit such illegal acts and at that time, the petitioner - -4-
NC: 2024:KHC-D:17849 CRL.P No. 103348 of 2024 accused made a demand of Rs.10,00,000/-, or else, he would make the video graph viral. The said complaint came to be registered in Karatagi Police Station Crime No.140/2022 for the offences punishable under Sections 376, 355, 354, 323, 504, 506 and 201 of IPC and Section 66E of I.T.Act. The Investigating Officer has filed charge sheet against the petitioner - accused. The petitioner - accused who was arrested on 03.07.2022 and who is in judicial custody, filed Criminal Miscellaneous No.885/2022 seeking bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Koppal, sitting at Gangavathi, by order dated 03.11.2022.
3. The petitioner - accused had filed Crl.P.No.103684/2022 seeking bail and the same came to be rejected by this Court by order dated 12.12.2022. Thereafter, the petitioner - accused had filed bail application in S.C.No.82/2022 and the same came to be rejected by order dated 05.09.2024. Therefore, the petitioner - accused is before this Court seeking bail. -5-
NC: 2024:KHC-D:17849 CRL.P No. 103348 of 2024
4. Heard the arguments of learned counsel appearing for the petitioner - accused and learned High Court Government Pleader for the respondent - State.
5. Learned counsel for the petitioner - accused would contend that the alleged incident had taken place on 30.06.2022 and complaint dated 01.07.2022 came to be registered on 02.07.2022 and there is a delay in filing the complaint. Now, the victim lady and the other prosecution witnesses have been examined. There are contradictory statements in their evidence. The victim lady has filed a false case against the petitioner - accused. Considering the date in the wound certificate, date of the incident is 01.07.2022 and as per the complaint, it is 30.06.2022 and there is a contradiction in that regard. Wife of the petitioner - accused has handed over mobile of the petitioner - accused to the police, who seized the same. The prosecution has not produced Section 65B certificate with regard to the video containing all the alleged acts of sexual intercourse by the petitioner - accused with the -6- NC: 2024:KHC-D:17849 CRL.P No. 103348 of 2024 victim lady in his mobile phone. The petitioner - accused is the resident of Karatagi village and the victim lady is the resident of Singapur and therefore, the alleged incident having taken place at Karatagi village is doubtful. The petitioner - accused is a married man having wife and son and old aged mother who is suffering from ailments. On these grounds, he prayed to allow the petition.
6. Per contra, learned High Court Government Pleader for the respondent - State would contend that the victim lady and the other witnesses have been already examined. The trial is at the conclusion stage. The trial may be concluded within two to three months. The offences alleged against the petitioner - accused are heinous in nature. The charge sheet material show prima facie case against the petitioner - accused for the offences alleged against him. If he is granted bail, he will not be available for trial which will hamper the case registered against the petitioner - accused. With this, she prayed to reject the petition.
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7. Having heard the learned counsels, the Court has perused the charge sheet records and the other materials placed on record.
8. As per the averments of the complaint, the petitioner
- accused is having sexual relationship with the complainant. The petitioner - accused is alleged to have recorded the sexual act with the complainant in his mobile and threatened her that he will send the same to her family members. On 30.06.2022, when the complainant was in Karatagi, he abused her in filthy language and threatened to kill her if she does not sleep with him and made an attempt to squeeze her neck. When she escaped and refused to sleep with him, at that time, he told that he will upload the video in the social media and that, he had earlier also received money from her and she intimated the same to her husband, who advised him and at that time, the petitioner - accused demanded Rs.10,00,000/-. Charge sheet material reveal that the petitioner - accused has uploaded the video of the sexual act with the -8- NC: 2024:KHC-D:17849 CRL.P No. 103348 of 2024 complainant in the social media and it has been viewed by CWs.8 to 12. The wound certificate would indicate that the victim lady has sustained injuries. Merely because there is some contradiction in mentioning the date in the complaint and the wound certificate regarding the date of the incident, it is not a ground for grant of bail. The petitioner - accused has uploaded the obscene video containing the sexual act with the victim lady in the social media. The prosecution has already examined majority of the charge sheet witnesses. The trial is at the conclusion stage. If the petitioner - accused is now granted bail, there are chances of he absconding and hampering the further trial. Considering all these aspects, the petitioner
- accused has not made out any new ground for grant of bail in this successive petition. Hence, the following;
ORDER The petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE GH/List No.: 19 Sl No.: 2