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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 20^TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON’BLE MR. JUSTICE P.N.DESAI

CRIMINAL APPEAL NO.200151/2022

BETWEEN:

SALEEM,

S/O. HUSENSAB KARNOOR,

AGE:22 YEARS,

OCC:STUDENT

R/O.ARAKERA (J) VILLAGE,

TQ:HUNASAGI

DIST:YADGIRI

...APPELLANT

(BY SHRI. RAJESH G.DODDAMANI, ADVOCATE.)

AND:

1.

THE STATE OF KARNATAKA,

HUNASAGI POLICE STATION,

NOW REPRESENTED BY THE

ADDITIONAL STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

KALABURAGI BENCH – 585102

2.

SRI. NAGAPPA

S/O. MALLAYYA ADDAGUDDA,

AGE:45 YEARS,

OCC: FARMER,

R/O. ARAKERA (J) VILLAGE,

TQ:HUNASAGI,

DIST:YADGIRI

…RESPONDENTS

(BY SHRI.GURURAJ V.HASILKAR, HCGP FOR R1;

SHRI. SANJAY KULKARNI, ADVOCATE FOR R2)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-

A(2) OF SC/ST (PA) ACT, BY THE ADVOCATE FOR THE

APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE

PLEASED TO SET ASIDE THE ORDER DATED 06.07.2022 PASSED

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BY THE HONOURABLE SESSIONS JUDGE AT YADGIR IN

SPL.CASE NO.35/2022 AND CONSEQUENTLY RELEASE THE

APPELLANT/A-1

AS

PER

CHARGE

SHEET

ON

BAIL

IN

CONNECTION WITH CR.NO.10/2022 OF HUNASAGI POLICE

STATION REGISTERED FOR THE OFFENCES UNDER SEC.363,

366, 376(2)(n), 109, R/W 149 OF IPC, AND U/SEC.3(1)(W),

3(2)(V-A), 3(2)(V) OF SC/ST (PA) ACT, 1989, AND U/SEC.6, 12,

17 OF POCSO ACT, 2012, NOW PENDING ON THE FILE OF THE

HONOURABLE

SESSIONS

JUDGE

AT

YADGIR

IN

SPL.C.NO.35/2022, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT PASSED THE FOLLOWING:

ORDER

This appeal is filed under section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short hereinafter referred to as

'SC/ST

(POA)

Act),

challenging

the

order

dated

06.07.2022, passed in Spl.Case.No.35/2022 filed under

Section 439 of Code of Criminal Procedure, (for short

hereinafter referred to as 'Cr.P.C') by Sessions Judge,

Special Court at Yadgiri, whereby the learned Sessions

Judge rejected the bail petition of the appellant.

2.

The appellant was arraigned as accused No.1

in Cr.No.10/2022 of Hunasagi Police Station registered

for the offences punishable under Sections 363, 366,

376(2)(n), 109 r/w Section 149 of Indian Penal Code,

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1860 (for short hereinafter referred to as 'IPC'), Sections

3(1)(w), 3(2)(va), 3(2)(v) of SC/ST (POA) Act and

Sections 6, 12, 17 of Protection of Children from

Domestic Violence Act, 2012 (for short hereinafter

referred to as 'POCSO Act').

3.

A complaint is filed by the father of the victim

stating that the appellant has kidnapped her daughter on

06.02.2022 and the same was informed by one

Deveendrappa that the appellant has taken his daughter

– Rajeshwari/victim on a motorcycle. Then he went to

the house of the appellant/accused and enquired the

father of the appellant, but he expressed ignorance about

the incident. The complainant stated that his daughter

was aged about 17 years and the appellant has abducted

her. Hence, he lodged a complaint on 11.02.2022.

4.

It is the case of the prosecution that after

registering the complaint, the police apprehended the

appellant and victim on 19.02.2022 from Ramanagar and

thereafter, they were brought to the police station. Then

the police investigated the case and filed the charge

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sheet against the appellant/accused for the offences

stated above. Further the accused has filed bail petition

before the Sessions Court, but the said case came to be

rejected by the learned Sessions Judge. Hence this

appeal is filed.

5.

Heard Sri. Rajesh G. Doddamani, learned

counsel for the appellant and Sri. Gururaj V.Hasilkar,

learned High Court Government Pleader for respondent

No.1/State and Sri.Sanjay Kulkarni, learned counsel for

respondent No.2.

6.

The learned counsel for the appellant argued

that the appellant is a law abiding person. There is delay

in lodging the complaint. It is alleg