SAKIB PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by sole accused under Sec. 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.11/2025 of Kolar Women Police Station registered for offences punishable under Ss. 137(2), 126(2), 127(2), 351(2) and 65(1) of Bharatiya Nyaya Sanhita, 2023 and Sec. 6 of Protection of Children from Sexual Offences Act.

(2.) Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

(3.) Learned counsel for petitioner would contend that, in the statement of the victim/complaint, the spot is stated to be car shed. But in further statement dtd. 4/3/2025, it is stated as a toilet. In the history given by the victim before the doctor, the alleged incident has stated to be a car shed. Therefore, considering the said aspect, there is a discrepancy with regard to the spot of the incident. The further statement recorded on 4/3/2025 does not indicate any endorsement with regard to translation of the statement given by the victim from Urdu to Kannada since, the victim is only knowing Urdu and same has been mentioned in her statements recorded earlier. The spot mahazar has been drawn in unused toilet and not the car shed, wherein it is stated that the door is under repair. In the additional charge sheet, there is mention regarding the clothes of the victim girl containing the seminal stains and DNA matching with each other as per the FSL report. The victim girl has stated in her complaint that, she had taken bath and washed her clothes. Now, the victim girl has been examined and therefore, there is no threat by the petitioner on the victim. The petitioner is in judicial custody since 5/2/2025 and as the charge sheet is filed and the victim is examined, the petitioner is not required for any further custodial interrogation. With these, he prayed to allow the petition.