Shri. Jakirahusen Urf Jakir S/O Mahibubasab Urf Mabusab Nadaf Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO RELEASE HIM ON BAIL, IN S.C.NO.10073/2025, ARISING OUT OF MUDHOL P.S. CRIME NO.223/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49 OF BHARATIYA NAYA SANHITA, 2023 AND UNDER SECTION 3(2) OF THE KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICE AND BLACK MAGIC

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HC-KAR

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ACT, 2017 AGAINST HIM, PENDING ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE, SITTING AT MUDHOL, IN THE INTEREST OF JUSTICE.

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

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ORAL ORDER

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

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This is a successive bail application filed by the

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petitioner, who is arraigned as accused No.11, in Crime No.223/2024 of respondent police, pending before the III Additional District and Sessions Judge, Bagalkote, sitting at Mudhol, in S.C.No.10073/2025, registered for the offences punishable under Section 49 of Bharatiya Nyaya Sanhita, 2023 and Section 3(2) of the Karnataka Prevention and Eradication of Inhuman Evil Practice and Black Magic Act, 2017, is before this Court, seeking regular bail.

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The case of the prosecution is that, on 16.10.2024, one Dastagirsab Moulasab Pendari, lodges a complaint stating that, accused No.1 had illicit relationship with the son of the complainant namely, Suban Dastagirsab Pendari. In that regard, there was a quarrel between his

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HC-KAR

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son and accused Nos.2 to 6. In addition to the said issues, there was a monetary transaction with accused Nos.7 and 8. Under such circumstances, the accused person in furtherance of common object, on 16.07.2024 around about 12.00 in the midnight, when the complainant and his family members were slept in the house, they poured petrol on the entire house and lit a fire to the said house. In the said incident, the complainant’s son and the grandson survived. However, his wife and daughter-in-law sustained injuries and died. Therefore, he lodges a complaint before the respondent police. The respondent police registered a case against eight persons. After conducting investigation, submitted the charge sheet for the aforesaid offences.

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Heard Sri T.R.Patil, learned counsel for the petitioner and Sri Praveena Y. Devaraddiyavar, learned High Court Government Pleader for the respondent police and perused the material placed before the Court.

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The submission of the learned counsel for the petitioner is that, the petitioner had approached this Court

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HC-KAR

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twice, one at the crime stage and second petition after filing the charge sheet. However, those two cases were rejected. Now, he has approached this Court under the changed circumstances that accused No.9 has been granted bail by the Trial Court.

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It is further submitted that, he is arraigned as accused No.11. As per the averments of the complaint, 3 to 4 persons ran away from the spot when the complainant came out of the house. However, the present petitioner has been implicated in a false case in order to take revenge against him. In fact, no identification parade has been conducted by the Investigating Officer to identify as to who were the persons present on the date of the alleged incident. Under such circumstances, when the entire case is based on circumstantial evidence, keeping the petitioner inn judicial custody, would be violative of right to life and personal liberty as guaranteed by Article 21 of the Constitution of India. Therefore, he may be enlarged on bail by imposing suitable conditions, he will abide the conditions

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HC-KAR

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imposed by this Court, in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.

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Per contra, learned High Court Government Pleader appearing for the respondent State vehemently opposed the said submission and he further submitted that, the petitioner is arraigned as accused No.11. The motive has been established by filing the charge sheet against all the accused persons. Moreover, the present petitioner had approached this Court and being unsuccessful in getting the relief, again approached this Court without any changed circumstances. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the complaint and charge sheet. It appears from the record that, the son of the complainant had illicit relationship with accused No.1 and he was doing monetary transactions with

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HC-KAR

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local persons. There was a grudge between accused Nos.2 to 6 and the son of the complainant. In that scuffle, it appears that the incident might have occurred on the fateful day. However, there is no material collected by the Investigating Officer to show that the present petitioner was

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present along with other accused. Under such circumstances, in my considered opinion, the petitioner has made out a case to grant the relief as prayed for. Accordingly, I proceed to pass the following:

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ORDER

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i) The petition is allowed .

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ii) The petitioner is ordered to be enlarged on bail, in Crime No.223/2024 of respondent police, pending before the III Additional District and Sessions Judge, Bagalkote, sitting at Mudhol, in S.C.No.10073/2025, on executing his personal bond for a sum of ₹1,00,000/- (One Lakh Rupees) along with one surety for the like sum, to the satisfaction of the Trial Court.

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NC: 2025:KHC-D:15056 CRL.P No. 104276 of 2025

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HC-KAR

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iii) The petitioner shall not tamper the prosecution

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witnesses.

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iv) The petitioner shall not commit similar or any

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other criminal offences till disposal of the case.

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v) The petitioner shall appear before the Court on

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all hearing dates, without fail.

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In case, the petitioner violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

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Sd/(S.RACHAIAH) JUDGE

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MRK CT: UMD List No.: 1 Sl No.: 7

Shri. Jakirahusen Urf Jakir S/O Mahibubasab Urf Mabusab Nadaf v. the State of Karnataka

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Shri. Jakirahusen Urf Jakir S/O Mahibubasab Urf Mabusab Nadaf v. the State of Karnataka

Case brief

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