Karnataka High Court
Siraj Ahmed Alias Siraj S/O Imamsab ... vs The State Of Karnataka on 21 January, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:1023
CRL.P No. 100069 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL PETITION NO.100069 OF 2025
[439(CR.PC)/483(BNSS)]
BETWEEN:
SIRAJ AHMED @ SIRAJ S/O IMAMSAB LAKKUNDI,
AGE: 38 YEARS, OCC: SOCIAL WORKER,
R/O. BEHIND VENKATESH TALKIES,
TALUKA/DISTRICT: GADAG-582101.
... PETITIONER
(BY SRI SRINIVAS B. NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA ,
DHARWAD BENCH,
THROUGH RURAL POLICE STATION,
Digitally
signed by
MANJANNA
MANJANNA E
E Date:
2025.01.22
14:38:56
TALUKA/DISTTRICT: GADAG-580011.
+0530
... RESPONDENT
(BY SMT. GIRIJA S.HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO GRANT
REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 IN CRIME
NO.207/2024 GADAG RURAL POLICE STATION ON THE FILE OF
PRINCIPAL DISTRICT AND SESSIONS JUDGE, GADAG
REGISTERED FOR THE OFFENCES P/U/SEC. 120B, 109, 364,
302, 201 34 OF IPC, IN THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:1023
CRL.P No. 100069 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed by accused no.2 under Section 439 of Criminal Procedure Code (for short, 'Cr.PC') for grant of regular bail in Crime no.207/2024 by Gadag Rural Police Station for offences punishable under Sections 120B, 109, 364, 302, 201 r/w Section 34 of Indian Penal Code (for short, 'IPC').
2. Sri Srinivas B.Naik, learned counsel for petitioner submitted case of prosecution was that PSI of Gadag Rural Police had lodged a complaint in Crime no.204/2024 regarding theft of a motorcycle from premises Gadag Institution of Medical Sciences. During course of investigation, on 31.10.2024, motorcycle along with two suspicious persons were apprehended and taken to police station for enquiry. During said enquiry, one of them Mohammad Rafeeq (A1) is stated to have confessed apart from stealing other about commission of murder of Mohammad Ali Humnabadi, two years earlier by strangulation and later placing his body on railway track, as -3- NC: 2025:KHC-D:1023 CRL.P No. 100069 of 2025 said Mohammad Ali was husband of Mamtajbanu (A3) with whom accused no.1 had an affair. He had further stated that accused no.2 had assisted him for same.
3. It was submitted, petitioner was apprehended on 31.10.2024 and was in custody since then. It was submitted, murder alleged to have been caused by accused no.1 along with accused no.2 was more than two years ago and of a person about whom only a missing complaint was registered and without even tracing his body, without which there would be no proper basis for alleging murder. It was further submitted, confession of statement before police would not carry any evidentiary value and despite lapse of sufficient time, investigation had failed to collect any substantial incriminating material against petitioner. Further, petitioner was permanent resident of Gadag having movable and immovable properties and would not jump bail. On above grounds sought for bail on any conditions, which he undertook to abide.
4. Smt.Girija S.Hiremath, learned HCGP for respondent - State opposed petition. It was submitted, -4- NC: 2025:KHC-D:1023 CRL.P No. 100069 of 2025 Mohammad Ali Humnabadi had gone missing since 25.06.2022 and a missing complaint was registered by his sister. During investigation, Investigating Officer ('I.O.', for short) had noted that Hubballi Railway Police Station had found a body on Railway track and registered UDR no.64/2022. Bone fragments of deceased retained were sent for DNA test and further investigation was underway. Therefore, enlarging petitioner on bail was likely not only to hamper prosecution but there was also likelihood of petitioner tampering with prosecution witnesses/material. It was further submitted, offences alleged against petitioner were heinous carrying maximum sentence of death / imprisonment for life.
5. Heard learned counsel.
6. From above, point that arises for consideration is:
"Whether petitioner is entitled for regular bail with conditions?"
7. This petition is by accused no.2 in Crime no.207/2024 for offences as mentioned above. Prosecution -5- NC: 2025:KHC-D:1023 CRL.P No. 100069 of 2025 case is based on complaint by PSI, Gadag Rural Police Station that during investigation of a motorcycle theft, petitioner and another were apprehended and during custodial interrogation, confessed to have murdered Mohammad Ali, two years ago and attempted to destroy evidence of murder by placing body on Railway track etc.
8. Though offences alleged against petitioner were heinous, prima facie examination of prosecution material reveals there is no direct incriminating material connecting petitioner with alleged murder, except custodial confession. It is settled law that confessional statement would not bear much evidentiary value. Though investigation is underway, petitioner has been in custody since 31.10.2024 i.e. about 80 days without any direct incriminating material. Even whether body referred to in UDR no.64/2022 by Railway Police belongs to Mohammad Ali requires to be ascertained. Without tracing of dead body, allegation of murder would be without proper basis. Besides apprehensions of prosecution could be addressed by imposing appropriate conditions. Point for consideration is answered in affirmative. -6-
NC: 2025:KHC-D:1023 CRL.P No. 100069 of 2025
9. Hence, following:
ORDER Petition is allowed. Petitioner/accused no.2 is released on bail in Crime no.207/2024 of Gadag Rural Police Station for offences punishable under Sections 120B, 109, 364, 302, 201 r/w Section 34 of IPC, subject to following conditions:
a) Petitioner/accused shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of trial Court.
b) He shall make himself available for purpose of investigation as and when required and co-
operate with investigation.
c) He shall not leave jurisdiction of Gadag District without prior permission.
d) He shall not threaten or tamper with any prosecution witnesses either directly or indirectly.
e) He shall not indulge in any criminal activities.
f) He shall be regular in attending Court proceedings.
g) Petitioner shall mark his attendance with I.O. every alternate Sunday between 9.00 a.m. to 12.00 p.m. till filing of charge sheet.
h) He shall inform change of residence to I.O. forthwith.
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NC: 2025:KHC-D:1023 CRL.P No. 100069 of 2025
i) Violation of any of conditions would entitle cancellation of bail.
j) It is clarified that views expressed are prima facie and shall not influence final outcome after trial.
SD/-
(RAVI V.HOSMANI) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 18