Liyaqath Ali @ Holaluliyaqath Ali Vs State of Karnataka

LIYAQATH ALI @ HOLALULIYAQATH ALI, S/O LATE MADAR SAB P., AGED ABOUT 50 YEARS, R/O MY HOME INDUSTRIES, MILLACHORY, KADOD, TELANGANA STATE - 500 008. (SINCE 31.8.2025 PETITIONER IS IN JC).

¶10

…PETITIONER

¶11

(BY SRI. MARUTHI G B., ADVOCATE)

¶12

AND:

¶13

Digitally signed by PADMASHREE SHEKHAR DESAI

¶14

Location: High Court Of Karnatka

¶15

STATE OF KARNATAKA BY WOMEN POLICE STATION, DAVANAGERE, DAVANAGERE 577001.

¶16

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001.

¶17

…RESPONDENT

¶18

(BY SMT. RASHMI PATEL, HCGP; SMT. AZKITA PATIL., ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL, ADVOCATE FOR DEFACTO COMPLAINANT)

¶19

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE

¶20

2 -

¶21

NC: 2025:KHC:41474 CRL.P No. 13850 of 2025

¶22

HC-KAR

¶23

PETITION AND GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN CONNECTIONS WITH CRIME NO.170/2018 REGISTERED BY THE WOMEN POLICE STATION DAVANAGERE AND PENDING ON THE FILE OF 2^ND ADDL CIVIL JUDGE AND JMFC AT DAVANAGERE IN C.C.NO.1131/2024 FOR THE OFFENCE P/U/S 498-A,504,506,114 R/W SEC.149 OF IPC AND ETC.

¶24

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

¶25

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶26

ORAL ORDER

¶27

This petition is filed by the petitioner -accused no. 1 under Section 483 of BNSS read with 439 of Cr.P.C praying to grant bail in C.C.No.1131/2024 (arising out of Crime No.170/2018 of Women Police Station Davangere) registered for offences punishable under Sections 498A, 504, 506 and 114 read with Section 149 IPC.

¶28

Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State who is assisted by counsel for the defacto complainant.

¶29

3 - NC: 2025:KHC:41474 CRL.P No. 13850 of 2025

¶30

HC-KAR

¶31

Learned counsel for the petitioner would contend

¶32

that earlier the petitioner has been granted anticipatory bail and he in compliance of the conditions has appeared in the criminal case registered against him till 14.07.2023. As he subsequently remained absent, the case against him has been split up and split up case has been registered in C.C.No.1131/2024. In the said split-up case, he has been secured by executing NBW on 31.08.2025 and remanded to judicial custody. He further submits that offences alleged against the petitioner –accused No.1 are not punishable either with death or imprisonment for life. The petitioner – accused No.1 could not appear in the criminal case, as he was suffering from backache and the doctor has advised bed rest. The petitioner –accused No.1 undertakes to appear in the criminal case and co-operate for speedy disposal of the said case. With these, he prayed to allow the petition and grant bail to the petitioner –accused No.1.

¶33

Per contra learned High Court Government Pleader for the respondent -State who is assisted by counsel

¶34

4 - NC: 2025:KHC:41474 CRL.P No. 13850 of 2025

¶35

HC-KAR

¶36

for the defacto complainant would contend that the petitioner is resident of Telangana State and he has other two wives. There are multiple proceedings between petitioner –accused No.1 and his wife/defacto complainant. If the petitioner –accused No.1 is granted bail, he will abscond and not available for trial. With this she prayed for dismissal of the petition.

¶37

Having heard learned counsels, this COurt has perused charge sheet and others materials placed on record.

¶38

On the complaint of wife of the petitioner – accused No.1, a case came to be registered against the petitioner –accused No.1 and his other family members in Crime No.170/2018 of Davanagere Women Police Station. In the said case, charge sheet has been filed against the petitioner –accused No.1 and others for offences punishable under Sections 498A, 504, 506, 114 read with Section 149

¶39

of IPC. Based on the said charge sheet, a case came to be registered in C.C.No.383/2019. The petitioner –accused No.1 who has been granted anticipatory bail has appeared in the

¶40

5 - NC: 2025:KHC:41474 CRL.P No. 13850 of 2025

¶41

HC-KAR

¶42

said criminal case till 14.07.2023. On 27.09.2023, exemption petition filed for the petitioner –accused No.1 has been rejected and NBW has been issued against him. On 06.03.2024, case against the petitioner –accused No.1 has been split up and split up case has been registered in C.C.No.1131/2024. In the split up case, NBW has been issued against the petitioner –accused No.1. By executing the same, he has been secured on 31.08.2025 and since then he is in judicial custody. The offences alleged against the petitioner –accused No.1 are not punishable either with death or imprisonment for life.

¶43

The reason assigned by the petitioner –accused No.1 for his absence is on medical grounds that he was suffering from backache. He has been advised bed rest from 16.12.2024 and medical certificate has been produced in that regard. The petitioner –accused No.1 has undertaken to appear in the criminal case registered against him and cooperate for speedy disposal of the said case. Considering the

¶44

6 -

¶45

NC: 2025:KHC:41474 CRL.P No. 13850 of 2025

¶46

HC-KAR

¶47

above aspects, the petitioner –accused No.1 has made out

¶48

case for grant of bail with conditions.

¶49

In the result, the following

¶50

ORDER

¶51

i) The petition is allowed.

¶52

ii) The petitioner –accused No.1 is granted bail in C.C.No.1131/2024 pending on the file of II Additional Civil Judge and JMFC, Davangere arising out of Crime No.170/2018 of Davangere Women Police Station subject to following conditions

¶53

a. The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) with one surety for the like sum to the satisfaction of Trial Court.

¶54