Karnataka High Court
Akeeb Alam vs State Of Karnataka on 28 July, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:28853
CRL.P No. 8612 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 8612 OF 2025
BETWEEN:
AKEEB ALAM @ SHEIK AKEEB ALAM,
S/O. ABDUL VAYUB,
AGED ABOUT 23 YEARS,
R/O 2ND CROSS, THAVARAGERE,
SABDHARIYABAD MOHALLA,
MANDYA CITY - 571 403.
...PETITIONER
(BY SRI. HARIPRASAD M.B, ADVOCATE)
AND:
1. STATE OF KARNATAKA
MANDYA WOMEN POLICE STATION,
MANDYA SUBDIVISION, MANDYA.
Digitally
signed by REPRESENTED BY
LAKSHMI T THE STATE SPECIAL PUBLIC PROSECUTOR,
Location:
High Court HIGH COURT COMPLEX, BENGALURU - 560 001.
of Karnataka
2. SULTHANA KHANAM,
W/O. ASHRAF KHAN,
AGED ABOUT 43 YEARS,
OCC: HOUSEWIFE, R/O. V.V. LAYOUT,
GUTTHALU COLONY, MANDYA CITY - 571 403.
...RESPONDENTS
(BY SMT. ASMA KOUSER, ADDL. SPP FOR R1;
VIDE ORDER DATED 17.07.2025, SERVICE OF NOTICE TO
R2 IS HELD SUFFICIENT)
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NC: 2025:KHC:28853
CRL.P No. 8612 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO GRANT REGULAR BAIL AND RELEASE THE
PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.C.NO.77/2024 ON
THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS
JUDGE, FTSC-II AT MANDYA ON THE BASIS OF CHARGE SHEET
SUBMITTED BY MANDYA WOMEN P.S. IN CR.NO.81/2023, FOR
THE OFFENCES P/U/S 363, 366, 354(A), 354(D), 506,
376(2)(n), 376(3), 305, U/S 4, 6 AND 12 OF THE PROTECTION
OF CHILDREN FROM SEXUAL OFFENCES ACT, U/S 67(B) OF
THE INFORMATION TECHNOLOGY ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition is preferred under Section 483 of the BNSS, praying to enlarge the petitioner on bail in Spl.C.No.77/2024 pending on the file of the Court of Additional District and Sessions Judge, FTSC-II, at Mandya.
2. Charge sheet is filed against the petitioner/sole accused for offences punishable under Section 363, 366, 354-A, 354-D, 506, 376(2)(n), 376(3) and 305 of IPC, Section -3- NC: 2025:KHC:28853 CRL.P No. 8612 of 2025 HC-KAR 4, 6 and 12 of the POCSO Act, 2012 and Section 67-B of the Information Technology Act, 2000.
3. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record.
4. The present case arises out of a complaint lodged on 19.12.2023 by CW-1, the mother of the deceased minor victim, it is alleged that the petitioner/accused was persistently pestering her minor daughter, aged about 14 years, studying in the 9th standard, to love him and threatening her that he will commit suicide, if she refused to love him. On 29.11.2023, CW-1 saw the accused inducing and taking her minor daughter in a car. Upon inquiry, the accused brought back the minor near the school premises, and both were advised by the parents.
5. It is the case of prosecution that, the accused, having become acquainted with the minor girl repeatedly called her out of her residence during late-night hours and, in front of the main entrance of CW-1's house, committed penetrative sexual assault. It is further alleged that, on 27.11.2023, the accused procured a Maruti Swift Dzire car bearing registration -4- NC: 2025:KHC:28853 CRL.P No. 8612 of 2025 HC-KAR No. KA-04-C-7906, belonging to CW-14 and took the victim girl from Chaluvayya Park, towards Mysuru and Srirangapatna and at a secluded place situated behind karighattabetta temple committed penetrative sexual assault upon her inside the car, on account of which she became pregnant . On 25.01.2024, the victim girl disclosed the incident to CW-1 and CW-2 and threat posed to harm her parents, if she disclosed the incident. She further stated that such acts had occurred previously near her residence during the night hours. Upon this disclosure, CW-1 and CW-2 resolved to lodge a further complaint against the accused. Later that morning, while CW-1 and CW-2 were away from the residence, the victim minor girl committed suicide by hanging herself using a veil from the ceiling fan in her room.
6. As per charge sheet allegations, accused took the victim girl in a Maruti swift Dzire car bearing registration No.KA-04-C-7906, belonging to CW.14 and took her around Mysuru and Sriranga Patna and committed penetrative sexual assault in a secluded place situated behind Karighattabetta temple, on account of which she became pregnant. He later threatened her not to disclose the incident to her parents. Even thereafter, he continued to commit penetrative sexual assault -5- NC: 2025:KHC:28853 CRL.P No. 8612 of 2025 HC-KAR on her and on coming to know about the same, when victim's mother decided to lodge further complaint, the victim girl committed suicide by hanging herself to the ceiling fan.
7. Learned counsel for the petitioner contended that the petitioner is a young boy aged 23 years and he is in judicial custody since 29.01.2024 i.e., for more than one and half years. He contended that the petitioner is innocent, he has not committed any offence as alleged by the prosecution and victim has not made any allegations against the petitioner in her statement recorded under Section 164 of Cr.P.C. and even her parents who gave evidence before the Court have not wholeheartedly supported the prosecution case. He contended that the victim has committed suicide, since her mother decided to lodge a complaint and therefore, the allegations that the petitioner is responsible for the victim to commit suicide is not correct. He therefore, submitted that the petitioner may be enlarged on bail by imposing any conditions.
8. Per contra, learned Additional SPP has contended that the victim was aged only 14 years and her date of birth as per birth certificate is 07.05.2009. As per medical report, she was pregnant. Therefore, there is a prima-facie case against -6- NC: 2025:KHC:28853 CRL.P No. 8612 of 2025 HC-KAR the petitioner. She contended that the offence committed is heinous in nature and in view of prima-facie material, petitioner is not entitled for bail.
9. As per the documents collected by the prosecution, date of birth of the victim is 07.05.2009 and therefore, she was aged about 14 years at the time of the incident. At this stage, the contention of the learned counsel for the petitioner that he is not responsible for the victim to commit suicide, cannot be accepted.
10. As per medical documents, the victim was pregnant and as per DNA report, deceased female individual sample blood sent in item No.2, is included from being the biological mother and source of DNA and the sample blood of the petitioner is included from being the biological father and source of DNA of the product of conception (foetus). The post-mortem examination confirmed that the victim was pregnant, and the pregnancy was attributed to the sexual assault committed by the accused. The investigation further revealed that the accused had recorded videos and photographs of himself engaging in sexually explicit acts with the minor on his mobile phone.
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NC: 2025:KHC:28853 CRL.P No. 8612 of 2025 HC-KAR
11. The contention of the learned counsel for the petitioner that the parents of the victim who are examined as PWs.1 and 2 have not fully supported the prosecution case etc. cannot be taken into consideration at this stage. Any observations made on the merits of the case may prejudice the trial. Since the trial is in progress, it is not a fit case to enlarge the petitioner on bail.
12. Petition is dismissed. Observations made in this order shall not influence the trial of the case in any manner.
Sd/-
(MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 19 CT: BHK