Mahamadali Alias Makkabulla vs State Of Karnataka on 16 February, 2024

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Karnataka High Court

Mahamadali Alias Makkabulla vs State Of Karnataka on 16 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                               NC: 2024:KHC-D:3770
                                                               CRL.P No. 100358 of 2024




                          IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                                      BEFORE

                              THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                                  CRIMINAL PETITION NO. 100358 OF 2024

                       BETWEEN:
                       MAHAMADALI @ MAKKABULLA
                       S/O MEERASAB KOLAKAR,
                       AGED ABOUT 60 YEARS,
                       R/AT YARAGUPPI,
                       TQ. KUNDAGOL,W
                       DIST. DHARWAD,
                       (NOW IN JUDICIAL CUSTODY,
                       SUB-JAIL PRISON, HUBBALLI)
                                                                           ...PETITIONER
                       (BY SRI VINOD S. SHINGADE, ADVOCATE)
                       AND:
                       STATE OF KARNATAKA
                       BY KUNDAGOL POLICE,
                       DHARWAD,
ANNAPURNA
                       (REPRESENTED BY LEARNED
CHINNAPPA
DANDAGAL               PUBLIC PROSECUTOR)
                                                                          ...RESPONDENT
 Digitally signed by
 ANNAPURNA             (BY SRI T.P. MALIPATIL, AGA)
 CHINNAPPA
 DANDAGAL
 Date: 2024.02.19
 16:53:27 +0530
                              THIS CRIMINAL PETITION IS FILED U/SC. 439 OF CR.P.C.
                       SEEKING TO ENLARGE HIM ON BAIL IN CRIME NO. 19/2022 ON THE
                       FILE OF KUNDAGOL POLICE STATION, DIST. DHARWAD WHICH IS
                       PENDING IN S.C.NO. 5108/2022 ON THE FILE OF I ADDL. DISTRICT
                       AND SESSION JUDGE AT DHARWAD, SITTING AT HUBBALLI, FOR
                       THE OFFENCES U/SEC 302, 376, 511, 404, 201 OF IPC ON SUCH
                       TERMS AND CONDITIONS.
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                                         NC: 2024:KHC-D:3770
                                         CRL.P No. 100358 of 2024




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                             ORDER

Accused No.1 in S.C. No.5108/2022 pending before

the Court of I Additional District and Session Judge,

Dharwad, sitting at Hubballi, arising out of Crime

No.19/2022 registered by Kundagol Police Station,

Dharwad, for the offences punishable under Sections 302,

376, 511, 404 and 201 of the Indian Penal Code (for short,

‘IPC’) is before this Court under Section 439 of the

Criminal Procedure Code (for short, ‘the Cr.P.C.’).

2. Heard learned counsel for the parties.

3. FIR in Crime No.19/2022 was registered by

Kundagol Police Station, Dharwad, against unknown

persons initially for the offences punishable under Sections

302, 376, 511, 404 and 201 of the IPC, on the basis of the

complaint of Sri.Siddappa S/o Siddappa Goudappagol, who

is the father of victim. In the complaint dated 19.02.2022

which was lodged at around 3.00 hours, it is stated that
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CRL.P No. 100358 of 2024

the complainant’s eldest daughter who is victim in the

present case, was married to Vitthala Kakhimani and they

were residing separately along with their children at

Yaraguppi village. On 18.02.2022, complainant was

informed that his daughter was murdered in Yaraguppi

village and immediately, he went to the said village and

after seeing the dead body of his daughter, he had

approached the police and lodged a complaint, on the

basis of which FIR was registered in Crime No.19/2022.

4. During the course of investigation of the

case, petitioner was arrested on 19.02.2022. Investigation

in the case is completed and charge sheet has been filed.

Bail application filed by the petitioner before the trial Court

in S.C.No.5108/2022 was rejected on 16.08.2023.

Therefore, he is before this Court.

5. Learned counsel for the petitioner having

reiterated the grounds urged in the petition prays to allow

the petition.

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CRL.P No. 100358 of 2024

6. Learned High Court Government Pleader

opposes the prayer made in the application.

7. FIR in Crime No.19/2022 was registered by

Kundagol Police Station, Dharwad, initially against

unknown persons on the complaint of Siddappa, who is the

father of victim.

8. From reading of the complaint, it is seen that

husband of the victim had seen the dead body on

18.02.2022 between 3.00 p.m. to 4.00 p.m. and around

5.00 p.m. complainant was informed about the murder of

his daughter. Thereafter, he had gone to Yaraguppi village

and subsequently lodged a complaint on 19.02.2022 at

about 3.00 a.m. As per the charge sheet allegations, on

18.02.2022 the accused, who owns agricultural lands at

Yaraguppi village, was grazing his bullocks in his land. He

allegedly had seen the victim, who was carrying firewood

on her head. He allegedly approached her with the

intention to sexually assault her and when she resisted his

acts, he allegedly committed her murder by strangulating
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CRL.P No. 100358 of 2024

her neck and left the spot by taking away the gold

jewelries which she was wearing.

9. As per the charge sheet allegations, the

petitioner allegedly left the spot and went to his 1st wife’s

house in Kolar. Petitioner was arrested at Kolar in the late

evening of 19.02.2022 itself. He was brought back and

produced before the Court on 20.02.2022 and gold

jewelries allegedly belonging to the deceased-victim were

allegedly recovered from the house of the petitioner at

Yaraguppi village.

10. As per the charge sheet allegations, after

committing the murder, the petitioner had left the spot

and traveled to Kolar where his first wife was residing. The

police had arrested him at Kolar on 19.02.2022 and he

was produced before the Court on the next date. However,

the gold jewellery which allegedly was taken away by the

petitioner after committing the murder of the deceased

was recovered at his instance after his arrest from his

house at Yaraguppi village. Undisputedly, the case of the
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CRL.P No. 100358 of 2024

prosecution is based on circumstantial evidence and

recovery of gold jewellery is the strong piece of

circumstantial evidence on which reliance is placed by the

prosecution. Petitioner is in custody from 20.02.2022. He

has no criminal antecedents and he is a married man

having children. Under the circumstances, I am of the

opinion that the prayer made by the petitioner for grant of

regular bail is required to be answered in the affirmative.

Accordingly the following:

ORDER

Petition is allowed.

The petitioner/accused No.1 is directed to be

enlarged on bail in S.C. No.5108/2022 pending before the

Court of I Additional District and Session Judge, Dharwad,

sitting at Hubballi, arising out of Crime No.19/2022

registered by Kundagol Police Station, Dharwad, for the

offences punishable under Sections 302, 376, 511, 404

and 201 of the Indian Penal Code, subject to the following

conditions:

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CRL.P No. 100358 of 2024

i. The Petitioner/accused No.1 shall execute
personal bond for a sum of Rs.1,00,000/- with
one sureties for the likesum, to the satisfaction
of the jurisdictional Court.
ii. The Petitioner/accused No.1 shall appear
regularly on all the dates of hearing before the
Trial Court unless the Trial Court exempts his
appearance for valid reasons.
iii. The Petitioner/accused No.1 shall not directly
or indirectly threaten or tamper with the
prosecution witnesses.

iv. The Petitioner/accused No.1 shall not involve
in similar offences in future.

Sd/-

JUDGE

AC
CT:GSM
List No.: 1 Sl No.: 11

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