Allowed

Jaibunabi v. the State of Karnataka

Karnataka HC6 Dec 2024CRL.P/201289/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed bail to the petitioner, a female accused in a murder case, granting her release on personal bond with sureties. The court noted her lack of criminal record and the fact that another accused with similar allegations had already been granted bail, ruling that regular bail must be granted.

What did the court decide?

Petitioner enlarged on bail in Crime No. 78/2024 by executing Rs. 1,00,000 personal bond with two sureties, subject to standard conditions.

Jaibunabi Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-K:9367 CRL.P No. 201289 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 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. 201289 OF 2024

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BETWEEN:

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JAIBUNABI W/O PEERASAB @ BABU LADAF AGE 40 YRS, OCC.HOUSE WIFE R/O MUNNAHALLI VILLAGE TQ. ALAND, DIST.KALABURAGI - 585 302.

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…PETITIONER

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(BY SRI SURESH TENGLI, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH NARONA POLICE STATION TQ. ALAND, DIST.KALABURAGI (REPRESENTING BY LEARNED ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT KALABURAGI - 585 107.

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(BY SMT. ANITHA M. REDDY, HCGP)

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…RESPONDENT

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THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS ACT, PRAYING TO, ALLOW THE PETITION AND THEREBY KINDLY RELESE THE PETITIONER ON BAIL IN CRIME NO. 78/2024 OF NARONA P.S TQ ALAND, DIST KALABURAGI PENDING ON THE FILE OF ADDL CIVIL JUDGE AND JMFC AT ALAND, FOR THE OFFENCES PUNISHABLE U/SEC 143, 147, 148, 323, 324, 504, 506, 302, 120(b)(1) R/W SEC 149 OF INDIAN PENAL CODE, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC-K:9367 CRL.P No. 201289 of 2024

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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.4 in Crime No.78/2024 registered by Narona Police Station, Kalaburagi District, for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 302, 120B(1) read with 149 IPC, is before this Court under Section 439 Cr.PC. seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.78/2024 was registered by Narona Police Station, Kalaburagi District, initially for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 326, 504, 506, 149 IPC against four named persons and another on the basis of the first information dated 24.05.2024 received from Smt. Nurjabi W/o Hiralal Ladaf. Injured Hiralal Ladaf who was the husband of the first informant Smt. Nurjabi died in the hospital on 25.05.2024, and thereafter, the offence punishable under Section 302 IPC was invoked against the accused persons. During the course of investigation of the case, petitioner herein was arrested on 27.05.2024, and

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3 - NC: 2024:KHC-K:9367 CRL.P No. 201289 of 2024

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subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against five persons. Petitioner is arrayed as accused No.4 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.1456/2024 was rejected on 10.09.2024. Therefore, he is before this Court.

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Learned Counsel for the petitioner submits that petitioner is a lady aged about 40 years having no criminal antecedents. Accused No.5 has been granted regular bail by this Court in Crl.P.No.201226/2024. Allegation against accused No.5 and the petitioner herein in the charge sheet is similar and they had assaulted deceased with their hands and legs. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. He submits that the petitioner had a strong motive to commit the murder of deceased Hiralal, who was opposing her illicit relationship with accused No.1. Accordingly, he prays to dismiss the petition.

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In the first information as well as in the charge sheet, petitioner is arraigned as accused No.4. Petitioner allegedly had

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NC: 2024:KHC-K:9367 CRL.P No. 201289 of 2024

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illicit relationship with accused No.1 and this was opposed by CW-19, who is her husband. Subsequently, accused nos.1 & 4, allegedly assaulted CW-19 and had thrown him out of his house and they were residing in the said house as husband and wife. Deceased had advised accused Nos.1 and 4 thereafter and therefore accused Nos.1 and 4 had ill-will against him and decided to eliminate him. In furtherance of same, they had conspired with other accused persons to commit the murder of Hiralal Ladaf. On 23.05.2024, accused Nos.3 and 5 had taken Hiralal along with them and made him consume alcohol, and thereafter, accused nos.1, 2 & 4 came to the said spot and allegedly assaulted the Hiralal Ladaf. Allegation of assaulting deceased with a stone is against accused No.1 and accused No.2 allegedly assaulted him with wooden cudgel. Accused nos.3 to 5 allegedly had assaulted deceased Hiralal Ladaf with their hands and legs. Accused No.5 has been granted regular bail by this Court in Crl.P.No.201226/2024. Petitioner is a lady aged about 40 years and she has no criminal antecedents. Considering the nature of allegations found against the petitioner in the charge sheet which is almost similar to the allegations found against accused No.5 and also having regard

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5 - NC: 2024:KHC-K:9367 CRL.P No. 201289 of 2024

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to Proviso to Section 437(1) of Cr.P.C., I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.78/2024 registered by Narona Police Station, Kalaburagi District, for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 302, 120B(1) read with 149 IPC, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner 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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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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NC: 2024:KHC-K:9367 CRL.P No. 201289 of 2024

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/-

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(S.VISHWAJITH SHETTY)

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JUDGE

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Jaibunabi v. the State of Karnataka

Case brief

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Jaibunabi v. the State of Karnataka

Case brief

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