Karnataka High Court
Subhani Alias Maheboob Subhani S/O ... vs The State Of Karnataka on 4 June, 2024
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NC: 2024:KHC-D:7404
CRL.A No. 100206 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100206 OF 2024
(U/S 14 A(2) of SC and ST ACT-)
BETWEEN:
SUBHANI ALIAS MAHEBOOB SUBHANI,
S/O. DAVALSAB PINJAR,
AGE: 36 YEARS, OCC: ENGINEER,
R/O: HULAGI VILLAGE,
TQ AND DIST. KOPPAL - 583231.
...APPELLANT
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH MUNIRABAD POLICE STATION,
CHANDRASHEKAR DIST. KOPPAL-580011.
LAXMAN
KATTIMANI 2. SMT. HULIGEMMA KRISHNAPPA SHILLEKYATAR,
AGE: 50 YEARS, OCC: HOUSEWIFE
HIGH R/O. HULAGI VILLAGE, (MUNIRABAD R.S.)
COURT OF TQ: KOPPAL, DIST: KOPPAL - 583231.
KARNATAKA
...RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP R1;
R2 SERVED)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC/ST (PA)
ACT 1989, IT IS MOST HUMBLY PRAYED THAT THIS HON'BLE COURT
MAY BE PLEASED TO ALLOW THE APPEAL:
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NC: 2024:KHC-D:7404
CRL.A No. 100206 of 2024
1. TO SET ASIDE THE ORDER DATED 21.03.2024 PASSED BY THE
HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
KOPPAL IN CRIME NO.3/2024 OF GADAG RAILWAY POLICE
STATION FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148,
302, 201 R/W 149 OF IPC AND U/S 3(2)(v) OF SC/ST PA ACT.
2. ALLOW THIS CRIMINAL APPEAL AND ENLARGE THE APPELLANT
ON BAIL IN CRIME NO.54/2024 OF MUNIRABAD POLICE
STATION FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148,
302, 201 R/W 149 OF IPC AND U/S 3(2)(v) OF SC/ST PA ACT,
IN SO FAR AS APPELLANT/ACCUSED NO.7 IS CONCERNED.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Srinivas B.Naik, the learned counsel for the
appellant, Smt. Praveena Y.Devareddiyavara, learned High
Court Government Pleader for respondent No.1.
2. It is the case of the prosecution that
complainant being the mother of the deceased inherited
the property bearing Sy.No.64/1. The said land was
acquired by the department of Railway. The matter is
pending for consideration in the Civil Court. In the
meantime, Kishor, the son of accused No.1, namely, T
Janardhan purchased the said land. On 25.02.2024, the
son of the complainant after having had his dinner went
out by saying that he would come back early. However, he
NC: 2024:KHC-D:7404
did not come back. Even after searching, they could not
get his whereabouts. On the following day, around
07:30a.m., the complainant has received the information
from the public stating that her son was lying dead near
the railway track. The complainant went to the place and
saw that there are some injuries on the head of the
deceased, immediately, lodged a complaint against the
accused for the offenses stated supra. The jurisdictional
police registered a case in Crime No.54/2024 and
conducted investigation and submitted the charge sheet.
3. It is the submission of the learned counsel for
the appellant that initially, a complaint was lodged against
seven accused. The appellant was arrayed as accused
No.7 at the time of filing the FIR. However, after filing of
the charge sheet, the allegations made against all the
accused has been dropped and the charge sheet has been
filed against this appellant for the offence under Section
306 of IPC. The alleged offence is neither punishable with
the death nor imprisonment for life. Though the charge
NC: 2024:KHC-D:7404
sheet witnesses disclose that the petitioner instigated the
deceased to commit suicide, the statements of the
witnesses who were present at the time of having dinner
and their statements has to be scrutinized properly in the
trial. At this stage, since the charge is filed, the appellant
is not required for any other purpose except keeping him
in judicial custody. The appellant being a resident of Hulagi
village and working as Engineer aged about 32 years and
he will abide the conditions imposed by this Court in the
event of his release on bail. Making such submission, the
learned counsel for the appellant prays to allow the
appeal.
4. Per contra, the learned High Court Government
Pleader for respondent No.1/State vehemently opposed
the appeal and submits that the appellant has committed
heinous offence. Though the alleged offence is punishable
with imprisonment for 10 years, the averments are also
serious against the appellant and there are several
eyewitnesses to the incident and instigation to commit
NC: 2024:KHC-D:7404
suicide by the deceased. Therefore, it is not appropriate to
grant bail. Making such submission, the learned HCGP
prays to dismiss the appeal by filing statement of
objections.
5. Having heard the learned counsel for the
respective parties and also perused the averments of the
complaint, initially, a complaint came to be registered by
the mother of the deceased and the jurisdictional police
have registered a case for the offences under Section 302,
201 of IPC and during investigation, the facts have been
unfolded that the petitioner had instigated the deceased
while he was having dinner along with others for the petty
reasons. Thereafter, all the persons who joined the dinner
party went to their respective houses. However, the
deceased along with CW19 were searching the house of
the petitioner herein to teach him a lesson. In the
meantime, the deceased gave key and scooter to CW19
and thereafter, he disappeared. On the following day, he
was lying dead near the railway track. Having considered
NC: 2024:KHC-D:7404
the facts and circumstances of the case and also the
averments of the charge sheet, it is appropriate to grant
him bail by imposing suitable conditions. Hence, I proceed
to pass the following:
ORDER
The appeal is allowed.
The appellant is ordered to be enlarged on
bail on executing a personal bond for a sum of
Rs.2,00,000/- (Rupees two lakhs only) with one
surety for the likesum, subject to the following
conditions:
a) The appellant shall not threaten the
prosecution witnesses.
b) The appellant shall not leave the jurisdiction
of the Court till disposal of the case.
c) The appellant shall not commit any similar
offences till disposal of the case.
Sd/-
JUDGE
VMB,CLK
