Karnataka High Court

Hussain S/O Dastageersab Shekh vs The State Of Karnataka on 15 February, 2024

Author:
S.Vishwajith Shetty

Bench:
S.Vishwajith Shetty

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CRL.P No. 103713 of 2023

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. 103713 OF 2023 (439)
BETWEEN:

HUSSAIN S/O DASTAGEERSAB SHEKH
AGE 32 YEARS, OCC COOLIE,
R/O PANDER CHAL, KABHARSTAN, MIRAJ,
TAL MIRAJ, DIST SANGLI,
MAHARASHTRA.

...PETITIONER

(BY SRI VISHWANATH BADIGER, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
PRESENTLY BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
ANNAPURNA AT DHARWAD,
CHINNAPPA THROUGH MULUGUND P S.
DANDAGAL
...RESPONDENT
Digitally signed by
ANNAPURNA
CHINNAPPA (BY SRI.T.P.MALIPATIL, AGA)
DANDAGAL
Date: 2024.02.19
15:00:42 +0530 THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE
THE PETITIONER/ACCUSED ON BAIL IN SC NO. 80/2023 ON
THE FILE OF PRL. DISTRICT JUDGE, GADAG (CRIME NO.
40/2023 REGISTERED BY THE MULUGUND POLICE STATION)
FOR THE OFFENCE P/U/SEC. 302, 498A, 504 OF
IPC
THE BAIL
APPLICATION HAS FILED BY THE PETITIONER/ACCUSED
U/SEC. 439 OF CR.P.C. IN CRL.MISC. NO.361/2023 BEFORE
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CRL.P No. 103713 of 2023

THE PRL. DISTRICT AND SESSIONS JUDGE, GADAG HAS BEEN
REJECTED.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER

1. Accused in S.C.No.80/2023 pending before the

Court of the Principal District and Sessions Judge, Gadag

arising out of Crime No.40/2023 registered by Mulugund

police station, Gadag for the offences punishable under

Sections 498A
,
,
of IPC, is before this Court under

Section 439
of Cr.P.C.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.40/2023 was registered by

Mulugund police station, Gadag against the petitioner

herein initially for the offences punishable under
Sections

498A
,
,
,
of IPC on the complaint of Salim who

is the brother of the victim Reshma Husain Shekh. In the

said case, the petitioner was arrested on 30.05.2023.

Investigation in the case is completed and charge sheet

has been filed. Bail application filed by the petitioner

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CRL.P No. 103713 of 2023

before the trial Court in Crl.Misc.361/2023 was rejected on

06.10.2023. Therefore, he is before this Court.

4. Learned counsel for the petitioner having

reiterated the grounds urged in the petition submits that

the version of alleged eyewitness CW6 in her statement

under
Section 161
of Cr.P.C. and under
Section 164
of

Cr.P.C. are inconsistent. The petitioner has no criminal

antecedents and he has two minor children who are

required to be taken care of. He is in custody from

30.05.2023 onwards. Accordingly, he prays to allow the

petition.

5. Per contra, learned High Court Government

Pleader has opposed the bail application.

6. FIR in Crime No.40/2023 was registered by

Mulugund police station, Gadag on the complaint of Salim

which was lodged on 30.05.2023, at about 9.05 a.m. In

the complaint, it is averred that the complainant's sister

was married to the petitioner herein about 12 years prior

to the date of the complaint and from the wedlock, the

couple have two children. It is further averred that the

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CRL.P No. 103713 of 2023

petitioner was ill-treating his wife and therefore the

complainant had brought back his sister-Reshma along

with the two minor children to his house about 15 days

prior to the date of the complaint.

7. On 29.05.2023, the petitioner allegedly came to

the house of the complainant and requested him to send

his wife with him as he intended to visit Davalmalik Hillock

at Mulugund. The complainant allegedly sent his cousin

sister-Simran along with the petitioner and Reshma. At

about 6.30 p.m. on the said date, Simran allegedly

telephoned the complainant and informed him that the

petitioner had pushed down Reshma from the Hillock and

she has sustained grievous injury and therefore she was

taken to the hospital. Immediately the complainant went

to the hospital and noticed that Reshma had suffered

grievous injury and she was not in a position to talk. It is

in this background, on 30.05.2023 a complaint was lodged

based on which FIR in Crime No.40/2023 was registered.

Reshma had subsequently died in the hospital on

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CRL.P No. 103713 of 2023

31.05.2023. Therefore
Section 302
of IPC was invoked

against the accused.

8. According to the prosecution, CW6-Simran was

the eyewitness to the incident in question. In the

complaint, it is averred that Simran had informed the

complainant at about 6.30 p.m. on 29.05.2023 that

petitioner had pushed down Reshma from the Hillock and

as a result of the fall, Reshma had suffered grievous injury

and she was taken to the hospital and immediately

thereafter complainant visited the hospital. The complaint

was lodged belatedly i.e., on the next date at about 9.05

a.m. The statement made by the eyewitness CW6 before

the police under
Section 161
of Cr.P.C. and the statement

made by her before the jurisdictional Magistrate under

Section 164
of Cr.P.C. are inconsistent. From a perusal of

the statement of CWs.7 and 8 who are the other alleged

eyewitnesses, a serious doubt arises as to whether they

had witnessed the petitioner pushing down his wife from

the hillock. The petitioner, who was arrested on

30.05.2023, has no criminal antecedents. Investigation in

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CRL.P No. 103713 of 2023

the case is completed and charge sheet has been filed. He

is required to take care of his two minor children. Under

these 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 is directed to be

enlarged on bail in S.C.No.80/2023 pending before the

Court of the Principal District and Sessions Judge, Gadag

arising out of Crime No.40/2023 registered by Mulugund

police station, Gadag for the offences punishable under

Sections 498A
,
,
of IPC, subject to the following

conditions:

i. The petitioner shall execute personal bond for a
sum of Rs.1,00,000/- with 2 sureties for the
likesum to the satisfaction of the jurisdictional
Court;

ii. The petitioner shall appear regularly on all the
dates of hearing before the Trial Court unless the

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CRL.P No. 103713 of 2023

Trial Court exempts his appearance for valid
reasons;

iii. The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;

iv. The petitioner 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

KGK

List No.: 1 Sl No.: 9