Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services — Free for one month.
Karnataka High Court
Mahamadali Alias Makkabulla vs State Of Karnataka on 16 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
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.
-2-
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
-3-
NC: 2024:KHC-D:3770
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.
-4-
NC: 2024:KHC-D:3770
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
-5-
NC: 2024:KHC-D:3770
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
-6-
NC: 2024:KHC-D:3770
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:
-7-
NC: 2024:KHC-D:3770
CRL.P No. 100358 of 2024i. 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
[ad_2]