Allowed

Mahamadali Alias Makkabulla v. State of Karnataka

Karnataka HC16 Feb 2024CRL.P/100358/2024

Case brief

AI extract

What is this about?

Accused No.1 charged with murder, attempted rape, theft of jewellery and destruction of evidence sought regular bail. The case rests on circumstantial evidence including recovery of gold jewellery at his instance. In custody since February 2022 with no criminal antecedents, he was granted bail subject to conditions.

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs.1,00,000/- with one surety, subject to conditions of regular appearance, non-tampering with witnesses and no involvement in similar offences.

Mahamadali Alias Makkabulla Vs State of… — Murder and Culpable Homicide | Karnataka HC (2024)

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

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100358 OF 2024

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BETWEEN:

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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)

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…PETITIONER

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(BY SRI VINOD S. SHINGADE, ADVOCATE)

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AND:

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.19 16:53:27 +0530

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STATE OF KARNATAKA BY KUNDAGOL POLICE, DHARWAD, (REPRESENTED BY LEARNED PUBLIC PROSECUTOR) …RESPONDENT (BY SRI T.P. MALIPATIL, AGA)

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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

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

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ORDER

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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.’).

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Heard learned counsel for the parties.

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

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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

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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.

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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.

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Therefore, he is before this Court.

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Learned counsel for the petitioner having

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reiterated the grounds urged in the petition prays to allow the petition.

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

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Learned High Court Government Pleader

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opposes the prayer made in the application.

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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.

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

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her neck and left the spot by taking away the gold jewelries which she was wearing.

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As per the charge sheet allegations, the petitioner allegedly left the spot and went to his 1^st 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.

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

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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:

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ORDER

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Petition is allowed.

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

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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.

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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.

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iii. The Petitioner/accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses.

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

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Sd/JUDGE

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

Mahamadali Alias Makkabulla v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mahamadali Alias Makkabulla v. State of Karnataka

Case brief

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