Karnataka High Court
Rupa W/O Anand Mahashabde vs The State Of Karnataka on 20 January, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 100038 of 2023
C/W CRL.P No. 100035 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 100038 OF 2023 (439)
C/W
CRIMINAL PETITION NO. 100035 OF 2023
CRIMINAL PETITION NO. 100038 OF 2023
BETWEEN:
ANAND S/O. LAATE DATTAREYA MAHASHABDE,
AGE. 46 YEARS, OCC. TAX PRACTITIONER,
R/O. HOUSE NO.1294, 6TH MAIN, 6TH CROSS,
THRIVENI ROAD, YESHVANTHPURA, BENGALURU-22.
...PETITIONER
(BY SRI. B. ANWAR BASHA., ADVOCATE APPEARED FOR SRI.SADIQ
N. GOODWALA., ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH GANGAVATHI POLICE STATION
DIST. KOPPAL,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
...RESPONDENT
Digitally
signed by J
MAMATHA
Location:
J
High Court
of
MAMATHA Karnataka, (BY SMT.GIRIJA S. HIREMATH., HCGP )
Dharwad
Date:
2023.02.01
15:36:35
+0530
THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C.
SEEKING TO ENLARGE ON BAIL IN CRIME NO.236/2022 OF
GANGAVATHI TOWN P.S. FOR OFFENCES PUNISHABLE U/SEC.143,
147, 120B, 307, 511 R/W SEC.149 OF IPC IN SO FAR AS
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CRL.P No. 100038 of 2023
C/W CRL.P No. 100035 of 2023
PEITITONER/ACCUSED NO.3 PENDING ON THE FILE OF PRL. CIVIL
JUDGE AND JMFC COURT, GANGAVATHI KOPPAL DISTRICT.
CRIMINAL PETITION NO. 100035 OF 2023
BETWEEN:
RUPA W/O. ANAND MAHASHADBE,
AGE. 35 YEARS, OCC. HOUSEWIFE,
R/O. HOUSE NO.1294, 6TH MAIN, 6TH CROSS,
THRIVENI ROAD, YESHVANTHPURA, BENGALURU-22.
...PETITIONER
(BY SRI. B. ANWAR BASHA., ADVOCATE APPEARED FOR SRI.SADIQ
N. GOODWALA., ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH GANGAVATHI POLICE STATION
DIST. KOPPAL,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
...RESPONDENT
(BY SMT.GIRIJA S. HIREMATH., HCGP )
THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C.
SEEKING TO ENLARGE ON BAIL IN CRIME NO.236/2022 OF
GANGAVATHI TOWN P.S. FOR OFFENCES PUNISHABLE U/SEC.143,
147, 120B, 307, 511 R/W SEC.149 OF IPC IN SO FAR AS
PEITITONER/ACCUSED NO.3 PENDING ON THE FILE OF PRL. CIVIL
JUDGE AND JMFC COURT, GANGAVATHI.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 100038 of 2023
C/W CRL.P No. 100035 of 2023
ORDER
These two petitions arise out of Crime No.236/2022 of Gangavati police station registered for offences punishable under Sections 143, 147, 120-B, 307, 511 and 149 of IPC.
2. In his suo-motu complaint, the PSI of Gangavati Town police station has alleged that while he was on a patrolling duty on the night intervening 17-18.11.2022, he received an information that one person has been stabbed and he is admitted to Government Hospital, Gangavati. Immediately he went to the hospital and enquired with the said person namely Yogesh Desai S/o. Manohar Desai (accused No.1). The said person informed him that while he was traveling in his Swift Car bearing No.KA02/MF-4730 along with two others from Bengaluru, carrying a cash of Rs.3,00,000/-, the said 2 persons tried to strangulate him with a belt and also caused injuries to his left hand with a radium cutter and robbed the cash which was in possession and went away. It is further stated that on a thorough inquiry, the said person revealed that there is a property dispute between his father and himself and therefore he along with the petitioners i.e., his sister and brother in law conspired together to commit the murder of his -4- CRL.P No. 100038 of 2023 C/W CRL.P No. 100035 of 2023 father and one Karnam Kalavati and for that purpose he hired one Mohammed Fiaz @ Sohan and his friend and since there was some issue with regard to payment, those persons picked up quarrel with him and took away the entire amount.
3. Petitioner/ accused No.2 in Crl.P No.100035/2023 is the sister of accused No.1. Petitioner/ accused No.3 in Crl.P. No.100038/2023 is the husband of accused No.2.
4. According to prosecution accused No.1 conspired with his sister i.e., accused No.2 and his brother in law i.e., accused No.3 to commit the murder of his father by name Manohar Desai and one Karnam Kalavati as there was a property dispute between them.
5. The material relied on by the prosecution to connect the petitioners with the crime is the voluntary statement of accused No.1. The prosecution is also relying on the previous cases registered against accused No.1 and these petitioners. It appears that there are three more cases namely, Crime No.66/2022 registered under Sections 427, 506(2), Crime No.77/2022 registered under Sections 427 and 506 of IPC at Gangavathi Range police station, Crime No.53/2019 registered -5- CRL.P No. 100038 of 2023 C/W CRL.P No. 100035 of 2023 under Sections 323, 324, 341, 354, 504, 506 R/w. 34 of IPC at Alavadi police station. The above mentioned cases are registered on the complaints of the father of accused Nos.1 and 2, namely Manohar Desai. Further, there is one more case registered in Crime No.89/2022 against the father of accused Nos.1 and 2, for offence under Sections 302, 307, 109 R/w.149 of IPC and Section 25 of the Arms Act, 1959, wherein it is alleged that on account of the property dispute, he committed the murder of his son.
6. The learned High Court Government Pleader has contended that registration of earlier cases against these petitioners along with accused No.1 by the father of accused Nos.1 and 2 itself shows that there is a property dispute and therefore they have conspired with each other to do away with his life.
7. In the case on hand accused No.1 was arrested on 18.11.2022. On his voluntary statement, the petitioners came to be arrested on 22.11.2022 and since then they are in judicial custody. Except the voluntary statement of accused No.1 there is no material against the petitioners to show that they have -6- CRL.P No. 100038 of 2023 C/W CRL.P No. 100035 of 2023 conspired with accused No.1 to commit the murder of Manohar Desai, none other than the father of accused Nos.1 and 2. Admittedly the petitioners were not present along with accused No.1 when he was proceeding with two other accused in the car. Merely because there were earlier cases registered against the petitioners in respect of property dispute, it can not be said that the petitioners have entered into a conspiracy with accused No.1. Mere suspicion is not sufficient to deny the relief of bail to the petitioners.
8. In the earlier cases registered against the petitioners in Crime Nos.53/2019, 66/2022 and 77/2022, the petitioners have been enlarged on bail. It is submitted that accused No.1 is a rowdy sheeter. As per prosecution, it was accused No.1 who was travelling with accused Nos.4 and 5 who are hired to commit the murder. However, there is no prima- facie material against these petitioners to show that they have entered into a conspiracy with accused No.1 or accused Nos.4 and 5. It is submitted that these petitioners are having a minor daughter studying in second standard. Hence, considering the facts and circumstances of the case, petitioners who are -7- CRL.P No. 100038 of 2023 C/W CRL.P No. 100035 of 2023 already arrested and interrogated can be enlarged on bail, by imposing conditions.
9. Accordingly, the following;
ORDER
i) Both the petitions are allowed,
ii) Petitioners/ accused Nos.2 and 3 shall be enlarged on bail in Crime No. 236/2022 of Gangavathi Town police station, subject to following conditions:
a. Petitioners shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two lakhs only) each with two sureties for likesum to the satisfaction of the jurisdictional Court, b. They shall furnish proof of their residential address and phone number and shall inform the Investigation Officer if there is any change in the address or contact number, c. They shall not tamper with the prosecution witnesses either directly or indirectly, d. They shall appear before the Investigation Officer and mark their attendance on every Sunday between 10:00 a.m and 2:00 p.m till -8- CRL.P No. 100038 of 2023 C/W CRL.P No. 100035 of 2023 conclusion of the investigation and shall cooperate with the investigation, e. They shall be regular in attending the Court proceedings, f. They shall not involve in any criminal activity, g. They shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge, h. They Shall surrender their passport if any to the jurisdictional Court within a period of 15 days from the date of their release.
The observations made in this order shall not influence the investigation or trial of the case, in any manner.
Sd/-
JUDGE PJ List No.: 1 Sl No.: 21