Karnataka High Court
Sayed Mohiuddin Husseni Peerzade @ ... vs State Of Karnataka on 25 July, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:5780
CRL.P No. 200841 of 2023
C/W CRL.P No. 200909 of 2023
CRL.P No. 200910 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200841 OF 2023
C/W
CRIMINAL PETITION NO.200909 OF 2023
CRIMINAL PETITION NO.200910 OF 2023
IN CRIMINAL PETITION NO.200841/2023
BETWEEN:
Digitally signed 1. SAYED ASIFULLA
by LUCYGRACE
Location: HIGH S/O SAYEED KHADAR BHASHA KADRI
COURT OF
KARNATAKA AGE: 42 YEARS OCC: ADVOCATE
R/o: FAIZA COLONY, BEHIND NEW Z. P. OFFICE
VIJAYAPURA 586101
...PETITIONER
(BY SRI. SANDESH CHOUTA, THE LEARNED SENIOR
COUNSEL FOR SRI. PEERAPPA SULTANPUR AND
SRI. NAVEED AHMED, ADVOCATES)
AND:
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NC: 2023:KHC-K:5780
CRL.P No. 200841 of 2023
C/W CRL.P No. 200909 of 2023
CRL.P No. 200910 of 2023
1. THE STATE OF KARNATAKA
REPRESENTED BY ADDL. SPP.
HIGH COURT OF KARNATAKA
AT KALABURAGI
THROUGH JALANAGAR POLICE STATION,
VIJAYAPUR-585 107.
2. SMT. NISHAT W/O HYDERALI NADAF
R/O: CHANDPUR COLONY
VIJAYAPURA 586101
...RESPONDENTS
(BY SRI. SIDDALING PATIL, HCGP FOR R1
BY SRI. S. R. KADLOOR AND
SRI. VADIRAJ KADLOOR, ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON BAIL
IN CRIME NO.30/2023 OF JALANAGAR, P.S. VIJAYAPUR DIST.
VIJAYAPUR FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 143, 147, 148, 341, 114 AND 302 READ WITH
SECTION 149 OF IPC AND 25 INDIAN ARMS ACT, PENDING
BEFORE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
VIJAYAPURA.
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NC: 2023:KHC-K:5780
CRL.P No. 200841 of 2023
C/W CRL.P No. 200909 of 2023
CRL.P No. 200910 of 2023
IN CRIMINAL PETITION NO.200909/2023
BETWEEN:
1. SRI. SAYED WAJID PEERZADE @ WAJEEDPEERA
S/O: SAYED BURHANUDDIN HUSENI PEERZADE @
IQBALPEERA PEERZADE
AGE: 53 YEARS OCC: RELIGIOUS SCHOLAR
R/O: # 55, HASHIMPEER DARGA, STATION ROAD,
REMAND HORNE,
VIJAYAPURA-586 104.
...PETITIONER
(BY SRI. SANDESH CHOUTA, THE LEARNED SENIOR
COUNSEL FOR SRI. LAKSHMIKANTH G., SRI. SUNILKUMAR S
AND SRI. SHAMBULINGAIAH V., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
BY JALANAGAR POLICE STATION,
REPRESENTED BY ADDL. SPP.
HIGH COURT OF KARNATAKA,
KALABURAGI-586 104.
2. SMT. NISHAT W/O HYDERALI NADAF
AGE: MAJOR
R/O: CHANDPUR COLONY,
VIJAYAPUR.
...RESPONDENTS
(BY SRI. SIDDALING PATIL, HCGP FOR R1
BY SRI. PRAKASH YELI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON
ANTICIPATORY BAIL IN CRIME NO.30/2023 OF JALANAGAR,
P.S. VIJAYAPUR DIST. VIJAYAPUR FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 114 AND
302 READ WITH SECTION 149 OF IPC AND 25 INDIAN ARMS
ACT, PENDING BEFORE III ADDITIONAL DISTRICT AND
SESSIONS JUDGE, VIJAYAPURA.
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NC: 2023:KHC-K:5780
CRL.P No. 200841 of 2023
C/W CRL.P No. 200909 of 2023
CRL.P No. 200910 of 2023
IN CRIMINAL PETITION NO.200910/2023
BETWEEN:
1. SRI. SAYED MOHIUDDIN HUSSENI PEERZADE @
TANVEERPEERA S/O: SAYED BURHANUDDIN
HUSENI PEERZADE @ IQBALPEERA PEERZADE
AGE: 50 YEARS OCC: RELIGIOUS SCHOLAR
R/O: # 55, HASHIMPEER DARGA, STATION ROAD,
REMAND HOME,
VIJAYAPURA-586 104.
...PETITIONER
(BY SRI. SANDESH CHOUTA, THE LEARNED SENIOR
COUNSEL FOR SRI. LAKSHMIKANTH G.,)
AND:
1. THE STATE OF KARNATAKA
BY JALANAGAR POLICE STATION,
REPRESENTED BY ADDL. SPP.
HIGH COURT OF KARNATAKA,
KALABURAGI-586 104.
2. SMT. NISHAT W/O HYDERALI NADAF
AGE: MAJOR
R/O: CHANDPUR COLONY,
VIJAYAPUR.
...RESPONDENTS
(BY SRI. SIDDALING PATIL, HCGP FOR R1
BY SRI. PRAKASH YELI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON
ANTICIPATORY BAIL IN CRIME NO.30/2023 OF JALANAGAR,
P.S. VIJAYAPUR DIST. VIJAYAPUR FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 114 AND
302 READ WITH SECTION 149 OF IPC AND 25 INDIAN ARMS
ACT, PENDING BEFORE III ADDITIONAL DISTRICT AND
SESSIONS JUDGE, VIJAYAPURA.
THESE PETITIONS, COMING ON FOR ORDER, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 200841 of 2023
C/W CRL.P No. 200909 of 2023
CRL.P No. 200910 of 2023
ORDER
The Criminal Petition No.200841/2023 under Section 439 of Cr.P.C. is filed by petitioner - accused No.2 to enlarge him on bail in Crime No.30/2023, registered by Jalanagar Police Station, Vijayapur, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and 25 of Indian Arms Act, pending on the file of III Additional District and Sessions Judge, at Vijayapura.
02. The Criminal Petition No.200909/2023 under Section 438 of Cr.P.C. is filed by petitioner - accused No.4 to enlarge him on bail in the event of his arrest in Crime No.30/2023, registered by the Jalanagar Police Station, Vijayrpura, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending before the III Additional District and Sessions Judge, at Vijayapura.
03. The Criminal Petition No.200910/2023 under Section 438 of Cr.P.C. is filed by petitioner - accused No.3 to enlarge him on bail in the event of his arrest in Crime No.30/2023, registered by the Jalanagar Police Station, Vijayrpura, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending before the III Additional District and Sessions Judge, at Vijayapura.
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04. The summary of the FIR is that, there was a political rivalry between the complainant and the wife of accused No.1, since the informant had contested the Municipal election against the wife of the accused No.1, and in the said election, the informant had won. After the election results were declared, the accused threatened the husband of informant with dire consequence, and also the same was intimated to his family members and friends.
05. On 06.05.2023, friends of the deceased had left from Hakim Chowk and when they informed that, they were near their house at about 10.17 a.m., informant and her husband left from home, the husband of informant was in a car and informant followed her deceased husband, and when they moved about 100 to 150 meters towards Vajra Hanuman Gate, in front of house of Allabaksh Kotal, at that time, accused Nos.1, 3 to 5 and others came into two cars and one motor cycle, and stopped car of deceased, and dragged him out of car, and accused No.1 assaulted on back side of his head with a machete, at that time, informant along with friends came to rescue him. When deceased was running towards his wife- informant, accused No.1 fired with a pistol on back of deceased and gave the revolver to his associates and caught hold the husband of the informant, and thereafter the accused Nos.1 and 2 sat on him and shot him with revolver. The accused Nos.3 and 4 were insisted to give revolver to others and other 4-5 persons shot the deceased, and the accused Nos.3 and 4 were abetting others by standing near their car. The deceased succumbed due to the assault by the accused Nos.1, 2 and 5.
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06. Sri Sandesh Chouta, learned Senior Counsel for the accused Nos.2, 3 and 4 would make the following submissions:
a) In the statement before the media, the informant had categorically stated that she reached the spot after one minute from the time of incident, and her husband was murdered by unknown assailants.
b) The incident has taken place on 6.5.2023 at 10.20 a.m, and the FIR was registered at 12.15 p.m. i.e. after two hours, and the FIR was sent to the learned jurisdictional Magistrate at 4.05 p.m.
c) The CCTV installed in the house of the accused Nos.2 and 3 clearly establishes that, the said accused were not present at the spot at the time of incident, and the said CCTV establishes that they were residing in their respective houses at the time of incident.
d) In the remand report, the police have not stated that during the course of investigation as to whether the statements of eye witnesses to the incident have been recorded or not including the inquest panchanama and the PM report.
e) The Investigating Officer has not furnished the copies of entries in the diary in the prescribed form, which is mandatory as specified in Clause (i) of Section 167 of Cr.PC and Rule 3 of Chapter 5 of the Karnataka Criminal Rules of Practice, 1968.
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07. Sri. Satyanarayanacharya Kadloor and Sri. Prakash Yeli, the learned counsels for the complainant would make the following submissions:-
a) The plea of alibi by accused Nos.3 and 4 cannot be considered at this stage and the same can be considered at the time of trial. Hence, on this ground the accused Nos.3 and 4 are not entitled for anticipatory bail.
b) The averments made in the complaint clearly discloses that, the specific overt-acts of each of the accused in assaulting and instigating to commit the crime. Hence, the allegations made against the accused herein requires to be investigated and the allegations made discloses the commission of the offences. Hence, there is prima-facie case to proceed against the petitioners - accused herein.
c) At this stage, if they are enlarged on bail, there is every chances of accused tampering with the prosecution witnesses.
d) The statement of the complainant before the Media, cannot be considered at this stage and the veracity of the statement can be considered only at the time of trial.
08. The learned High Court Government Pleader for the respondent No.1 - State would reiterated the submissions made by the learned counsel for the respondent No.2 - complainant.
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09. Considered the submissions made by the learned counsel for the parties and perused the records.
10. The homicidal death of husband of the complainant is not in dispute. The alleged incident has taken place on 06.05.2023 at about 10.20 a.m. The FIR was registered at about 12.15 p.m. i.e., nearly after two hours from the time of accident. The FIR was sent to the learned Magistrate at about 04.45 p.m. The learned counsels representing the complainant have not disputed the statement made by the complainant before the Media, wherein she has allegedly stated that, she came one minute after the incident and incident was witnessed by the local people. In the remand application, there is no mention with regard to the recording the statement of eyewitnesses to the incident when the incident has taken place in a broad day light in a public place, except the statement made by the complainant in the first information report.
11. The learned Senior Counsel for the petitioners submits that the purpose of sending FIR to the learned Magistrate at the earliest point of time, as specified under Section 157 of Cr.P.C. is to see that there is no manipulation in the first information report.
12. Admittedly, the pistols used for committing the crime, have been recovered from the accused Nos.1 and 6 and bloodstained clothes of accused No.5 has been recovered on the basis of confession statement.
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13. The Investigating Officer has also not denied the fact that, the accused Nos.2 and 3 intended to supply the C.C. footages along with DVR to establish that, they were not present at the spot at the time of crime, but they were in their respective house at the time of incident. Hence, at this stage, the petitioners - accused Nos.2, 3 and 4 have made out prima- facie case to enlarge them on bail. Accordingly, I proceed to pass the following;
ORDER The Criminal Petition No.200841/2023 is allowed. The Petitioner - accused No.2 is enlarged on bail in Crime No.30/2023, registered by Jalanagar Police Station, Vijayapura, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending on the file of III Additional District and Sessions Judge, Vijayapura, subject to the following conditions:
(a) Petitioner - accused No.2 shall furnish a personal bond for a sum of Rs.2 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.
(b) He shall appear before the Court as and when required.
(c) He shall not threaten or allure the prosecution witnesses in whatsoever manner.
(d) He shall not get involved in similar offences.
(e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court, till completion of investigation.
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NC: 2023:KHC-K:5780 CRL.P No. 200841 of 2023 C/W CRL.P No. 200909 of 2023 CRL.P No. 200910 of 2023 The Criminal Petition Nos.200909/2023 and 200910/2023 are allowed.
The Jalanagar Police Station, Vijayapura, is hereby directed to enlarge the petitioners - accused Nos.4 and 3 on bail, in the event of their arrest in Crime No.30/2023, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending before the III Additional District and Sessions Judge, Vijayapura, subject to the following conditions:
a) Petitioners - accused No.4 and 3 are ordered to be enlarged on bail by furnishing a personal bonds for a sum of Rs.2,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer;
b) They shall co-operate with the Investigating Officer for the purpose of investigation;
c) They shall not threaten the prosecution witnesses or lure in any manner;
d) They shall not leave the territorial limits without prior permission of the Investigating Officer;
e) They shall not tamper with the prosecution evidence directly or indirectly;
f) They shall mark their attendance on first Sunday of every month between 10.00 a.m. to 05.00 p.m. before the Investigating Officer till the investigation is completed.
Sd/-
JUDGE KJJ List No.: 1 Sl No.: 79