Karnataka High Court
Shri Rajesab S/O Hanif Mulla vs The State Of Karnataka on 15 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 100332 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100332 OF 2024 (439)
BETWEEN:
SHRI RAJESAB S/O. HANIF MULLA,
AGE. 23 YEARS, OCC. CENTERING WORK,
R/O. VINAYAK NAGAR, MARIHAL,
TQ. AND DIST. BELAGAVI-591103.
...PETITIONER
(BY SRI S. M. MUCHHANDI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THE POLICE INSPECTOR MARIHAL
POLICE STATION, DIST. BELAGAVI-591103
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
Digitally HIGH COURT BUILDING,
signed by HIGH COURT OF KARNATAKA ,
SUJATA AT. DHARWAD BENCH-580011
SUBHASH ...RESPONDENT
PAMMAR (BY SRI T. P. MALIPATIL, ADVOCATE)
Date:
2024.02.17 THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
11:37:45
+0530 SEEKING TO THAT THE PETITION FILED BY THIS
PETITIONER/ACCUSED NO.1 MAY BE ALLOWED AND THIS
PETITIONER/ACCUSED NO.1 MAY BE ENLARGED ON BAIL BY
IMPOSING REASONABLE CONDITIONS IN MARIHAL P.S. CRIME
NO.80/2023 U/S 120(B), 302 R/W 34 OF IPC, PENDING TRAIL IN
S.C. NO.131/2023 ON THE FILE OF XI ADDL.DISTRICT AND
SESSIONS JUDGE, BELAGAVI.
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CRL.P No. 100332 of 2024
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Accused No.1 in S.C.No.131/2023 pending
before the Court of XI Additional District and Sessions
Judge, Belagavi arising out of Crime No.80/2023
registered by Marihal Police Station, Belagavi District for
the offences punishable under Sections 120B and 302 read
with Section 34 of IPC is before this Court under Section
439 of the Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.80/2023 was registered by
Marihal Police Station, District Belagavi against petitioner
and another for the offences punishable under Sections
120B and 302 read with Section 34 of IPC on the basis of
complaint lodged by Sri Santosh Karalingannavar on
19.05.2023. In the said complaint, it is averred that
complainant was informed on 19.05.2023 at about 6.45
a.m. by Basanagouda Irappa Patil who is from his village
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that on night of 18.05.2023, petitioner-Rajesab Hanif
Mulla and his friend Akshaykumar Nagappa Konakeri had
assaulted and murdered complainant's brother-Mahantesh
infront of the school in their village. Complainant
immediately went to the spot and after seeing the dead
body of his brother-Mahantesh had approached the Police
and lodged the complaint at about 8.30 a.m. which had
resulted in registering Crime No.80/2023 against the
petitioner and Akshaykumar Nagappa Konakeri.
4. During the course of investigation, the
petitioner was arrested on 19.05.2023. Investigation in
the case is completed and charge sheet is filed. Petitioner
is arrayed as accused No.1 in the charge sheet. Bail
application filed by him before the Court of XI Additional
District and Sessions Judge, Belagavi in Criminal
Miscellaneous No.1463/2023 was rejected on 16.12.2023.
Therefore, he is before this Court.
5. Learned counsel for the petitioner after
reiterating the grounds urged in the petition submits that
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the conduct of CW-10, the alleged eyewitness to the
incident, raises a serious doubt as to whether he had
really witnessed the murder. He submits that earlier there
was an attempt to murder the deceased and in the said
case, the accused persons were acquitted for the offence
punishable under Section 307 of IPC and convicted for the
offences punishable under Sections 323, 324 and 341 of
IPC. Petitioner has no criminal antecedents. He is aged
about 23 years. Investigation in the case is completed and
charge sheet has been filed. Accordingly, he prays to allow
the petition.
6. Per contra, the learned High Court Government
Pleader has opposed the petition.
7. Complaint was lodged by Sri Santosh
Karalingannavar after he was informed by Sri
Basanagouda Irappa Patil (CW-10) at about 6.45 a.m. on
19.05.2023, that on the night of 18.05.2023 at about 9.30
p.m. accused Nos.1 and 2 had assaulted Mahantesh the
brother of complainant and had committed his murder. As
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per the charge sheet allegations, accused Nos.1 and 2 had
conspired to murder Mahantesh, who is brother of
complainant and on 18.05.2023 at about 9.30 p.m. when
Mahantesh was sitting along with CW-10 near the school
in their village, accused Nos.1 and 2 who came there in
the motorbike of accused No.3, had assaulted Mahantesh
with Talavar and had committed his murder. CW-10 who
was with Mahantesh, when accused Nos.1 and 2 assaulted
him, allegedly ran away from the spot and witnessed the
crime from a distance. CW-10 who is alleged to be a close
friend of Mahantesh, thereafter, had gone to the house
and slept. He had neither gone to the Police Station nor
had he gone to the house of complainant to inform about
the incident. It is only on the next day at about 6.45 a.m.,
he had allegedly informed the complainant about the
incident that had taken place on the previous night.
8. The material on record would also go to show
that there was an attempt to murder deceased-Mahantesh
in the year 2016 and the accused in the said case were
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tried before the jurisdictional Court in Sessions Case
No.377/2017 and they were acquitted for the offence
punishable under section 307 of IPC and convicted for the
offences punishable under Sections 323, 324 and 341 of
IPC, by the judgment and order dated 05.12.2018.
9. Except the statement of CW-10, there is no
other evidence which connects the petitioner directly to
the crime. The conduct of CW-10 makes the statement of
the said witness prima facie doubtful. Petitioner has no
criminal antecedents and he is in custody from
19.05.2023. He is aged about 23 years. Investigation in
the case is completed. 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:
ORDER
Petition is allowed. The petitioner/accused No.1 is
directed to be enlarged on bail in S.C.No.131/2023
pending before the Court of XI Additional District and
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Sessions Judge, Belagavi arising out of Crime No.80/2023
registered by Marihal Police Station, Belagavi District for
the offences punishable under Sections 120B and 302 read
with Section 34 of IPC, subject to the following conditions:
i. The petitioner/accused No.1 shall execute
personal bond for a sum of Rs.1,00,000/-
with 2 sureties for the like-sum to the
satisfaction of the jurisdictional Court;
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;
iii. The petitioner/accused No.1 shall not directly
or indirectly threaten or tamper with the
prosecution witnesses;
iv. The petitioner/accused No.1 shall not leave
the jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
Sd/-
JUDGE
CKK
CT:GSM
