Mashaksab vs The State
2026 Latest Caselaw 2923 Kant

Karnataka High Court

Mashaksab vs The State on 6 April, 2026

                                                -1-
                                                            NC: 2026:KHC-K:3009
                                                       CRL.P No. 200473 of 2026


                      HC-KAR



                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 6TH DAY OF APRIL, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL PETITION NO. 200473 OF 2026
                                      (438(Cr.PC)/482(BNSS))
                      BETWEEN:

                      MASHAKSAB
                      S/O MAHAMMADALI NAIKODI
                      AGE: 26 YEARS,
                      OCC: AGRICULTURE,
                      R/O MALLI VILLAGE,
                      TQ: JEWARGI,
                      DIST: KALABURAGI-585325
                                                                   ...PETITIONER
                      (BY SRI. ANILKUMAR B. NAVADAGI, ADVOCATE)
                      AND:
                      THE STATE THROUGH
Digitally signed by   DEVAR HIPPARGI POLICE STATION
SHIVALEELA
DATTATRAYA UDAGI      TQ: DEVAR HIPPARGI, DIST: VIJAYAPURA
Location: HIGH        (REPRESENTING BY LEARNED ADDL. SPP
COURT OF
KARNATAKA             HIGH COURT KALABURAGI BENCH 585107)
                                                                  ...RESPONDENT
                      (BY SRI.JAMADAR SHAHABUDDIN, HCGP)
                           THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S.
                      482 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND
                      DIRECT THE RESPONDENT DEVAR HIPPARGI P.S. OF DIST.
                      VIJAYAPURA TO RELEASE THE PETITIONER ON BAIL IN THE
                      EVENT OF HIS ARREST IN CRIME NO.23/2026 OF DEVAR
                      HIPPARGI P.S. OF DIST.VIJAYAPURA REGISTERED FOR
                      OFFENCES U/SEC. 108, 190 OF B.N.S, 2023, WHICH IS NOW
                      PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT,
                      SINDAGI.
                             -2-
                                         NC: 2026:KHC-K:3009
                                   CRL.P No. 200473 of 2026


HC-KAR



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

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                       ORAL ORDER

The petitioner-accused No.5 has filed this petition

under Section 482 of BNSS, 2023, for grant of anticipatory

bail in the event of his arrest in Crime No.23/2026 of

Devara Hipparagi Police, Vijayapura District. On the basis

of complaint filed by complainant-Katiza Kashinakunte, the

respondent-police have registered a case in Crime

No.23/2026 against accused Nos.1 to 6 for the offences

punishable under Sections 108, 190 of BNS, 2023, on the

file of Civil Judge & JMFC, Sindagi in Crl.Misc.No.180/2026.

The same came to be rejected on 09.03.2026. Aggrieved

by the same, the petitioner has preferred this petition.

2. The factual matrix of the case is that, the

complainant viz., Katiza Kashinkunte is the sister of

deceased-Mahiboob. The deceased was married with the

Bibi Fatima(as per FIR accused No.1) about 5 to 6 years

ago. They have two children. However after the marriage

NC: 2026:KHC-K:3009

HC-KAR

the accused No.1 stayed with him and led happy married

life for some days and thereafter started quarreling with

him and used to frequently go to her parental house.

Whenever deceased-Mahiboob went to call her back, she

used to ill-treat him by not giving respect to him. Further

she used to make and upload the reels on social media

and also had illicit relation with one Mashaksab

Naikodi/petitioner. She also used to talk repeatedly over

phone and whatsapp. Whenever Mahiboob went to her

house to call her back, Bibi Fatima/accused No.1 and her

family members/accused No.2 to 4 picked up quarrel with

him and refused to send her with him. They also claimed

that two children born to Bibi Fatima did not belong to

him. These being the facts, on 2.2.2026 at 10.00 a.m.

Mahiboob shared a message on the Facebook that the

accused including the petitioner were ill-treating him and

as such, he has taken decision to commit suicide.

Thereafter he switched-off his phone. His whereabouts

were not known. Subsequently on the same day at about

NC: 2026:KHC-K:3009

HC-KAR

9.00 p.m. Mahiboob informed that he was in Kembhavi

and lost everything and thereafter his phone was

switched-off. He could not be found for three days.

Thereafter on 5.2.2026 his dead body was found hanging

in his house at Hanchali village. Therefore, the

complainant has filed complaint to the PSI of Devar-

Hipparagi Police Station alleging that the petitioner and

others picked up quarrel with him, ill-treated him

physically and mentally and gave abetement to Mahiboob

to commit suicide, as such, unable to tolerate the ill-

treatment, he committed suicide in between 2.2.2026 and

5.2.2026. On the basis of complaint lodged by the

complainant, the case was registered in Devar-Hipparagi

Police Station Crime No.23/2026.

3. The learned counsel for the petitioner has urged

the following grounds to grant anticipatory bail:

(i) That, the petitioner herein is absolutely

innocent of the allegations made against him in the

complaint. The allegations made against the petitioner as

NC: 2026:KHC-K:3009

HC-KAR

regards to his complicity in the death of Maheboob are

absolutely false, baseless and motivated. In fact, the

petitioner has got nothing to do with the alleged incident

and the family affairs of A1 Bibi Fatima and he was in his

native village during the entire period, during which the

alleged death of deceased Maheboob took place.

(ii) That, a false case has been foisted by the

complainant as against this petitioner in collusion with the

respondent P.S. with an ulterior motive of roping in the

petitioner, by making false accusations against him to see

to it that the petitioner is involved in serious non-bailable

and cognizable offences and he be put behind the bars on

such false accusations and is blasted against the petitioner

to wreak vengeance against him as he happens to be the

distant relative of A1. Bibi Fatima.

(iii) That, there is absolutely no material let alone

prima facie material to connect the petitioner with the

alleged incident and this coupled with the fact that the

alleged incident is devoid of any motive or intention as

NC: 2026:KHC-K:3009

HC-KAR

against this petitioner, it casts a serious doubt on the

credibility of the prosecution case as against the petitioner

as regards to his complicity in the death of Maheboob.

(iv) That, absolutely no specific overt act or any role

is assigned to petitioner in the entire incident except a

vague and omnibus allegation that the petitioner had illicit

relationship with A1. Bibi Fatima and there is not even an

lota of material to backup this allegation and for

arguments sake, even if the allegation made against the

petitioner is taken at its face value, no case is made out

against the petitioner. At any rate a case U/Sec. 109 of

B.N.S, 2023 is not made out against the petitioner.

Furthermore, petitioner is no way connected with the

family affairs of deceased Maheboob or for that matter

that of A1 Bibi Fatima. And in the back drop of the fact

that Maheboob committed suicide in his house, it cast's a

serious doubt on the allegations made in the FIR against

the petitioner. Hence, it is respectfully submitted that the

NC: 2026:KHC-K:3009

HC-KAR

petitioner deserve discretion of the Hon'ble Court

U/Sec.482 of BNSS, 2023.

(v) That, the petitioner had earlier moved

anticipatory bail application before the IV Addl. Dist. &

Sessions Judge Vijayapura, in Crl.Misc.No.180/2026 and

the said application moved by the petitioner came to be

rejected. Hence the petitioner has come up with this

petition before the Hon'ble court for bail U/Sec.482 of

B.N.S.S, 2023 for the first time. No case on the same

cause of action is pending before this Hon'ble Court.

(vi) That, the petitioner own moveable and

immovable properties and he has got deep roots in the

society and he is a family man. Hence it is humbly

submitted that that there can be no apprehension of the

petitioner fleeing from justice.

(vii) That, the petitioner is ready to offer sureties, as

is directed by this Hon'ble Court and he is ready to abide

by the terms and conditions that may be imposed on him

NC: 2026:KHC-K:3009

HC-KAR

for his release on anticipatory bail. On all these grounds,

prays to allow this petition.

4. As against this, learned High Court Government

Pleader would submit that there is a serious allegation

against the present petitioner. The petitioner is required

for custodial interrogation. Hence, prays to dismiss the

petition.

5. A perusal of the contents of the complaint, it is

prima facie appears that the present petitioner is main

cause for the death of deceased-Maheboob. The petitioner

is required for custodial interrogation. The alleged

commission of offence is non-bailable and exclusively

triable by the Court of Sessions and punishable with upto

10 years of imprisonment.

6. Considering the nature and gravity of the

offences, and requirement of accused for custodial

introduction, at this stage, in my considered opinion it is

NC: 2026:KHC-K:3009

HC-KAR

not just and proper to allow this petition. Hence, I proceed

to pass the following:

ORDER

The petition is dismissed.

Sd/-

(G BASAVARAJA) JUDGE

SDU LIST NO.: 1 SL NO.: 11 CT-BH