Mujammil Mainuddin Sattigeri Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

Mujammil Mainuddin Sattigeri Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail in Crime No.98/2024 of Malamaruti Police Station on executing personal bond of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Trial Court, subject to conditions: (a) not to involve in similar or any other criminal cases till disposal of the case, (b) not to threaten prosecution witnesses, (c) to appear before the Trial Court on all hearing dates; liberty reserved to prosecution to apply for cancellation of bail on violation of conditions.

Issue for consideration

Whether the petitioner/accused in Crime No.98/2024 of Malamaruti Police Station, charged under Section 302 IPC with trial pending in Session Case No.147/2024, is entitled to be enlarged on regular bail under Section 439 Cr.P.C. / Section 483 BNSS, 2023.

Court's answer

Although the incident occurred in broad daylight and the complainant is an eye-witness, the manner in which the incident occurred indicates that the petitioner is liable to be enlarged on bail; the Court considered it appropriate at that stage not to traverse the merits of the case.

Ratio / Principle

The Criminal Petition is allowed and the petitioner is ordered to be enlarged on bail in Crime No.98/2024 on executing a personal bond of Rs.1,00,000/- with one surety for likesum, subject to conditions (no involvement in similar or other criminal cases, no threatening of prosecution witnesses, appearance before the Trial Court on all hearing dates), with liberty reserved to the prosecution to seek cancellation on violation.

Detailed headnote1 paragraphs

Bail - Regular bail under S.439 Cr.P.C. / S.483 BNSS, 2023 - Offence under S.302 IPC - Crime No.98/2024, Malamaruti Police Station, Belagavi - Trial pending in Session Case No.147/2024 before IX Addl. District and Sessions Judge, Belagavi - Incident of 16.05.2024 occurred in broad daylight; complainant (Traffic Police Constable) an eye-witness - Accused allegedly stabbed the deceased with a screw driver during a scuffle after warning him against roaming with his sister (CW.14) - Held: despite broad-daylight occurrence and eye-witness account, the manner in which the incident occurred indicated the petitioner was liable to be enlarged on bail; Court declined to traverse merits at that stage - Petition allowed; bail granted on personal bond of Rs.1,00,000/- with one surety, subject to conditions of non-involvement in other offences, non-threatening of witnesses and appearance on all hearing dates, with liberty to prosecute to seek cancellation on breach.

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NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.104188 OF 2025

(439(Cr.PC)/483(BNSS))

BETWEEN:

MUJAMMIL MAINUDDIN SATTIGERI, AGE. 23 YEARS, OCC. MECHANIC, R/O. GULAB SHAH GALLI, NEW GANDHI NAGAR, BELAGAVI, PIN CODE-590016.

…PETITIONER

(BY SRI. Z.M. HATTARKI AND SRI. ARZOO M.MULLA, ADVOCATES)

AND:

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA, THROUGH MALAMARUTI, POLICE STATION, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.

…RESPONDENT

(BY SRI. JAIRAM SIDDI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO, GRANT A BAIL TO THE PETITIONER/ACCUSED, IN MALMARUTI POLICE STATION OF CRIME NO.98/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC WHICH IS PENDING ON THE FILE OF IX^TH ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN SESSION CASE NO.147/2024, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025

HC-KAR

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

The petitioner is before this Court seeking bail in

Crime No.98/2024 of respondent/Police for the offence punishable under Section 302 of Indian Penal Code, 1860¹ .

2. Factual matrix of the case ;

It is the case of the prosecution that, the complainant

was working as a Traffic Police Constable, filed a complaint stating that on 16.05.2024 around about 11:00 am, when he was working near Kanakadas Circle, near Mahantesh Nagar under Bridge, one person along with one women wearing burqa was coming on Royal Enfield motorcycle. It is further stated that the accused came on motorcycle and started quarrelling with the rider of the Royal Enfield motorcycle.

Immediately, the accused took screw driver and

stabbed on the vital parts of the body of the rider of the

1 For short ’IPC’

NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025

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HC-KAR

motorcycle. The complainant immediately got the injured shifted to the Hospital for treatment. However, the injured died in the said incident.

Based on the complaint, the respondent/Police registered a case, submitted the charge-sheet after conducting the investigation.

It is the submission of the learned counsel for the petitioner that the petitioner had no intention to commit the murder of the deceased, in fact, the incident had occurred due to sudden provocation. The deceased was roaming with the sister of the petitioner. Though, he was advised and warned on several occasions, the deceased had not stopped roaming with the sister of the petitioner.

It is further submitted that, as the petitioner had no intention of committing the murder of the deceased and the incident had occurred due to sudden provocation, he may be enlarged on bail by imposing suitable conditions.

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HC-KAR

Per contra , the learned High Court Government Pleader vehemently submitted that, the death is due to injuries sustained. The complainant is the eye-witness to the incident. CW.12 is also one of the eye-witness. The manner in which the petitioner had committed the offence would indicate its gravity. The incident occurred on the broad day light therefore, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition.

Having considered the submissions of the learned counsel for the respective parties and also perused the averments of the charge-sheet, it appears from the record that, the petitioner being the brother of CW.14, had warned the deceased that he should not roam with CW.14. However, the deceased was going along with CW.14. On seeing the said incident, the petitioner stopped them and started quarrelling with the deceased. In the said scuffle, he is stated to have stabbed the deceased with screw driver on the vital parts of the body. Consequently, the deceased died in the Hospital.

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HC-KAR

9. No doubt, the incident had occurred in the broad

day light, the complainant is the eye-witness to the incident. However, the manner in which the incident had occurred would indicate that the petitioner is liable to be enlarged on bail. It is appropriate at this stage not to traverse the merit of the case.

Hence, I proceed to pass the following;

ORDER

i) The Criminal Petition is allowed .

ii) The petitioner is ordered to be enlarged on bail in Crime No.98/2024 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions;

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HC-KAR

a) The petitioner shall not involve in

similar or in any other criminal cases till disposal of the present case.

b) The petitioner shall not threaten the prosecution witnesses.

c) The petitioner shall appear before

the Trial Court on all hearing dates.

In case, if the petitioner violates any of the conditions enumerated above, the liberty is reserved to

the prosecution to file necessary application for cancellation of bail.

Sd/(S.RACHAIAH) JUDGE

PJ/CT: UMD List No.: 2 Sl No.: 16