Karnataka High Court
Sri Babulal S/O Sirajasab Pendari vs The State Of Karnataka on 7 February, 2025
-1-
NC: 2025:KHC-D:2502
CRL.P No. 102960 of 2024
C/W CRL.P No. 103882 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.102960 OF 2024
(439(Cr.PC)/483(BNSS))
C/W
CRIMINAL PETITION NO.103882 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SRI BABULAL S/O SIRAJASAB PENDARI
AGE: 37 YEARS,
OCC: AGRICULTURE,
R/O: WARD NO. 18, PENDARI GALLI,
MAHALINGPUR TQ. MUDHOL
DIST. BAGALKOT - 587 312.
...PETITIONER
Digitally signed (BY SRI. PRASAD PATIL, ADVOCATE)
by SHIVALEELA
DATTATRAYA
UDAGI AND:
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
THROUGH MUDHOL POLICE STATION
REPTD BY STATE PUBLIC PROSECUTOR,
SPP OFFICE, HIGH COURT OF KARNATAKA
DHARWAD BENCH - 580 011.
...RESPONDENT
(BY SRI. ABHISHEKH MALIPATIL HCGP,)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., (483 OF BNSS), SEEKING TO ENLARGE THE
-2-
NC: 2025:KHC-D:2502
CRL.P No. 102960 of 2024
C/W CRL.P No. 103882 of 2024
PETITIONER/ACCUSED NO.10 ON BAIL ON SUCH TERMS AND
CONDITIONS AS DEEMS FIT BY ./'THIS HON'BLE COURT IN
MUDHOL P.S. CRIME NO.223/2024 REGISTERED ON
16.07.2024 AT ABOUT 09.30 HOURS, AGAINST THE ACCUSED
NO.10, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
103, 109, 189(2), 191(2), 191(3), 324(4), 326(g) R/W
SECTION 190 OF BHARATIYA NYAYA SANHITHA 2023.
INTEREST OF JUSTICE AND EQUITY.
IN CRIMINAL PETITION NO.103882 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SRI JAKIRAHUSEN URF JAKIR
S/O. MAHIBUBASAB
URF MABUSAB NADAF
AGE: 34 YEARS,
OCC: MECHANIC,
R/O: MARAPUR, TQ: RABAKAVI-BANAHATTI
DIST. BAGALKOT
...PETITIONER
(BY SRI. T. R. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
PSI MUDHOL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD
PIN - 580 011.
...RESPONDENT
(BY SRI. ABHISHEKH MALIPATIL, HCGP)
-3-
NC: 2025:KHC-D:2502
CRL.P No. 102960 of 2024
C/W CRL.P No. 103882 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., (483 OF BNSS), SEEKING TO RELEASE HIM ON
BAIL, IN C.C.NO.793/2024 ARISING OUT OF MUDHOL PS
CRIME NO.223/2024 REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 49 BHARATIYA NAYA SANHITA-
2023 AND UNDER SECTION 3(2) OF THE KARNATAKA
PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICE
AND BLACK MAGIC ACT-2017 AGAINST HIM, PENDING ON THE
FILE OF THE HON'BLE ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC AT MUDHOL, IN THE INTEREST OF JUSTICE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Since these two petitions are arising out of same crime number, they are clubbed together and disposed of by a common order.
2. Petitioners who are arraigned as accused Nos.10 and 11 have filed these petitions under Section 483 of the Bharatiya Nagarika Suraksha Sanhita (BNSS) seeking regular bail in crime No.223/2024 of Mudhol PS for the offences punishable under Sections 103, 109, -4- NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 189(2), 190, 191(2), 191(3), 324(4), 326(g) of Bharatiya Nyaya Sanhita, 2023 (BNS).
3. In support of the petition, petitioners have contended that the complaint is false, frivolous and vexatious. It is filed to harass them. In the complaint there are no allegations against the petitioners. They are arrested only on the basis of the confession statement given before the police. The allegations against the petitioner/accused No.11 is that he instigated accused Nos.9 and 10 stating that complainant family has indulged in black magic against them and its effect cannot be removed unless complainant and his family members are burnt. It is alleged that on his instigation, accused Nos.9 and 10 have set the house of the complainant on fire. The complaint averments does not attract the provisions for which the complaint is registered. The trial court has rejected the bail application of the petitioners on the ground that investigation was going on. Now the investigation is completed and charge sheet is filed. The petitioners are ready to abide by any conditions that may -5- NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 be imposed and offer substantial surety to the satisfaction of the trial court and pray to allow the petitions.
4. Learned HCGP submitted oral objections stating that on 16.07.2024 the Investigating Officer received information that a shed situated adjoining the Noorani Masjid of Belagali village on Mahalingpur-Akkimaradi road, is set on fire and the inmates Jaibanu Pendari, Shabana Pendari have died due to burn injuries and in the said fire Dastgeersab Pendari and Subhan Pendari have sustained severe burn injuries and are undergoing treatment at Life Care Hospital of Mahalingpur. Immediately, he visited the spot and secured the place. He also requested for dogs squad, fingerprint expert etc. He visited the hospital and recorded the statement of Dastgeersab Pendari who was in a position to speak.
4.1 The statement of the complainant Dastgeersab Pendari reveal that he is having land on Akkimaradi road. He and his family members were staying in a shed covered with the tin sheets and wooden planks. In his house, -6- NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 complainant, his wife Jaibanu, son Subhan and daughter, Shabana are living. His elder daughter Papamma is married to one Shoukath Pendari of Kolhapur. As her son Sidddique Pendari was having holidays, since 15 days he was also staying with them. Earlier, complainant's son Subhan was running a sugarcane gang i.e., providing workers to cut sugarcane crop. Of late, as he was not getting sufficient labourers, he stopped the said work. He sold the trailer of the vehicle to one Basu Teli for Rs.4,00,000/- and in this regard, Rs.3,50,000/- was due and he was postponing the payment of the same. Complainant has also given hand loan of Rs.1,35,000/- to one Laxman Kambar of Akkimaradi and similarly he has lent other sums to several persons.
4.2 The complainant's son Subhan is having an illicit relationship with one Karishma w/o Lalsab Pendari since two years. Complainant has also lent to Rs.2,00,000/- to her and taken one tola gold from her as pledge. The illicit relationship between Subhan and -7- NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 Karishma came to the notice of her family members and Lalsab Pendari, his brothers Ibrahim Pendari, Mustafa Pendari and father Adamsab Pendari quarrelled with Subhan. In this regard, a panchayat was held. After 5-6 months, Ibrahim Pendari and Mustafa Pendari quarrelled with the complainant and took back one tola gold pledged by Karishma.
4.3 In this background, on 15.07.2024 after finishing dinner, all the family members went to sleep around 12 in the midnight. Around 2.30 a.m. of 16.07.2024, the complainant smelt petrol. He, his son Subhan and grandson Siddique ran out of the house and at that moment, the house started burning. Jaibanu and Shabana died inside the house sustaining extensive burn injuries. Subhan also sustained severe burn injuries. Outside the house, they found that someone has mixed the petrol into the sintex tank and sprayed petrol mixed with water through pipe on the house by switching on the motor and set the house on fire. His son Subhan saw two -8- NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 persons running away. Suspecting the persons named in the complaint, he lodged the complaint.
4.4 Based on the complaint, initially, the case is registered against accused Nos.1 to 8 and investigation is taken up. During the course of investigation, the Investigation Officer has arrested accused Nos.9 to 11 and their voluntary statement reveal that accused No.9 Aminsab Pendari is having two sisters by name Sadalma and Fathima. His father Sirajsab has given 4 acres of land to Sadalma. However, no land was given to Fathima. Fathima's daughter Jaibanu Bee is no other than the wife of the complainant Dastgeersab. Accused No.9 was suspecting that the complainant Dastgeersab was of the view that had Fathima was also given land, it would have come to him through his wife Jaibanu Bee daughter of Fathima. In fact, complainant also requested Sirajsab to give land to Fathima, which he refused.
4.5 For this reason, the complainant Dastgeersab was angry with the family of Sirjsab and wanted to cause -9- NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 harm and therefore, engaged in black magic and placing certain things in their lands and house. Accused No.9 was under an impression that the death and other bad things which were happening in his family was due to black magic by the complainant. He was also angry with complainant's son Subhan Pendari as he was having illicit relationship with his wife Zarina Banu. Petitioner/Accused No.11 Jakirhussain Nadaf advised accused Nos.9 and 10 that unless the house of the complainant and inmates along with a doll which was used for doing black magic are burnt, things would not get right.
4.6 In this background, accused Nos.9 and 10 hatched a plan to burn the house of the complainant. They bought petrol, pumpset, wire and other things from different shops of Mahalingpur. They locked the door of complainant's house from outside, sprayed the petrol with the help of pumpset on the house of the complainant and set it on fire. In the said incident, the wife and daughter of the complainant died on the spot. Later, the son of the
- 10 -
NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 complainant also died in the hospital. Complainant and his grand son Siddique Pendari also sustained burn injuries.
4.7 After completing investigation charge sheet is filed against accused Nos.9 to 11. Though in the complaint, complainant expressed doubt about the involvement of accused Nos.1 to 8 and accordingly case was registered against them also, after the investigation it was revealed that accused Nos.1 to 8 are not involved and therefore they are non-charge sheeted. The offence committed by the petitioners and other accused are very gruesome, wherein three persons died and two have sustained extensive burn injuries. They are the crusial witnesses. In the event of granting bail, the petitioners may threaten or tamper with the witnesses. They may also abscond and thereby delay and defeat the trial and pray to reject the bail petitions.
5. Heard arguments and perused the records.
6. Thus, petitioners who arraigned as accused Nos.10 and 11 are seeking bail contending that in the
- 11 -
NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 complaint there are no allegations against them and since charge sheet is filed no longer their custodial presence is necessary for investigation. They are ready to furnish surety to the satisfaction of the trial court.
7. As evident from the complaint averments and investigation conducted, on 16.07.2024 around 2.00 a.m., the residence of complainant was set on fire by some miscreants. Though complainant, his son and grandson managed to run out of the house, his wife and daughter were burnt alive. In the complaint, the complainant has given details of the persons with whom he had financial transactions and those persons whom he suspect having motive to commit the said offence. However, during the investigation, accused Nos.9 to 11 which includes the petitioners were arrested and after their interrogation, it is revealed that Sirajsab the father of accused No.9 and 10 has two daughters by name Sadalma and Fatima. Sirajsab gave four acres of land to Sadalma. However, his other daughter Fatima did not opt to take any land from
- 12 -
NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 him as her husband family was having sufficient land. However, complainant who married Fatima's daughter Jaibanu, was unhappy. He was thinking that had Fatima was also given land he could have got it through his wife. Complainant even requested Sirajsab to give 4 acres of land to Fathima and was reprimanded by him. Accused No.9 and 10 who are the sons of Sirajsab were under an impression that for this reason, complainant Dastageersab was doing black magic on his family resulting in death and other losses in the family. Accused No.9 was also angry that deceased Subhan son of complainant Dastageersab was having illicit relationship with his wife and this was the motive for the offence.
8. It is the specific case of the prosecution that, it is accused No.11 who advised accused Nos.9 and 10 that complainant has performed black magic against their family resulting in death and other bad things happening in their family and unless and until the house of the complainant along with inmates as well as the doll which is
- 13 -
NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 used for carrying on black magic are burnt, it will not take away the effect of black magic. With such advice, and on the instigation of accused No.11, accused nos.9 and 10 executed the plan and burnt the house of the complainant resulting in three deaths and burn injuries to the complainant and his grandson and also loss of the house and other articles.
9. It is submitted by the learned counsel representing the petitioners that even though complaint was filed against accused Nos. 1 to 8 also, charge sheet is not filed against them and they given up. While filing the complaint, the complainant has revealed the names of the persons who were having ill-will against him and his family. However, after thorough investigation, the investigating officer found that accused Nos.1 to 8 are not involved in the incident and therefore charge sheet is not filed against them.
10. The allegations made against the petitioners are very grave. The charge sheet makes out a strong prima-
- 14 -
NC: 2025:KHC-D:2502 CRL.P No. 102960 of 2024 C/W CRL.P No. 103882 of 2024 facie case against the petitioners. On account of setting on fire to the dwelling house of complainant, three persons have died. Complainant and his grandson has sustained severe burn injuries. They are the material witnesses. Having regard to the severe rivalry between petitioners and complainant and his family members and serious allegations made against the petitioners, in the event of granting bail, the possibility of the petitioners threatening and tampering with the witnesses cannot be ruled out. Having regard to the gravity of the allegations, the possibility of petitioners absconding also cannot be ruled out. For the above reasons, this court is of the considered opinion that petitioners are not entitled for bail and accordingly, the following;
ORDER Petitions filed by petitioners/accused Nos.10 and 11 under Section 483 of BNSS are hereby rejected.
Sd/-
(J.M.KHAZI) JUDGE SMP List No.: 19 Sl No.: 2