Karnataka High Court
Sri. Jakirahusen Urf Jakir Mahibubasab ... vs The State Of Karnataka on 30 September, 2024
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NC: 2024:KHC-D:14553
CRL.P No. 102853 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.102853 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
SRI JAKIRAHUSEN URF JAKIR MAHIBUBASAB
URF MABUSAB NADAF,
AGE. 34 YEARS, OCC. MECHANIC,
R/O. MARAPUR, TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOTE-581701.
...PETITIONER
(BY SRI ANAND R.KOLLI, ADVOCATE FOR PETITIONER)
AND:
THE STATE OF KARNATAKA,
THROUGH PSI MUDHOL POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580008.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP FOR RESPONDENT)
Digitally signed
by JAGADISH T R THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
Location: HIGH
COURT OF BNSS, PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN
KARNATAKA
CONNECTION WITH THE CRIME NO.223/2024, REGISTERED BY THE
MUDHOL P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTION 103,
109, 189(2), 190, 191(2), 191(3), 324(4), 326(G) OF BHARATIYA
NYAYA SANHITA (BNS, 2023) PENDING BEFORE ADDL. CIVIL JUDGE
AND CJM COURT MUDHOL, IN SO FAR AS THE PETITIONER/ACCUSED
NO.11 IS CONCERNED TO MEET THE ENDS OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:14553
CRL.P No. 102853 of 2024
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.11 has filed this petition 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, 189(2), 190, 191(2), 191(3), 324(4), 326(g) of Bharatiya Nyaya Sanhita, 2023 (BNS).
2. In support of the petition, petitioner has contended that the complaint is false, frivolous and vexatious. It is filed to harass the petitioner. In the complaint there are no allegations against the petitioner. He is arrested only on the basis of the confession statement given by him before the police. The allegations against the petitioner is that he has instigated accused Nos.9 and 10 alleging that complainant family has indulged in black magic against him and its effect cannot be removed unless complainant and his family members -3- NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 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 do not attract the provisions for which the complaint is registered. The trial court has rejected the bail application of the petitioner on the ground that investigation is going on. The petitioner is ready to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial court and pray to allow the petition.
3. 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 Dastgeersab Pendari, 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, -4- NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 fingerprint expert etc. He visited the hospital and recorded the statement of Dastgeersab Pendari who was in a position to speak.
3.1 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, 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 had stopped the said work. He has 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 -5- NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 one Laxman Kambar of Akkimaradi and similarly he has lent other sums to several persons.
3.2 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 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 held. After 5-6 months, Ibrahim Pendari and Mustafa Pendari quarrelled with the complainant and took back one tola gold pledged by Karishma.
3.3 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 -6- NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 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 persons running away. Suspecting the persons named in the complaint, the complainant lodged the complaint.
3.4 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 on the 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 -7- NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 suspecting that the complainant Dastgeersab was thinking that had Fathima was also given land, it would have come to him through his wife Jaibanu Bee, the daughter of Fathima. In fact, complainant also requested Sirajsab to give land to Fathima, which he refused.
3.5 For this reason, the complainant Dastgeersab was angry with the family of Sirjsab and wanted to cause 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 correct.
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NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 3.6 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 complainant also died in the hospital. Complainant and Siddique Pendari have also sustained burn injuries. The offence committed by the petitioner and other accused are very gruesome, wherein three persons died and two are injured. The investigation is going on. In the event of granting bail, the petitioner may threaten and tamper with the witnesses. He may abscond and also indulge in similar offences and prays to reject the bail petition.
4. Heard arguments and perused the records.
5. Thus, petitioner who arraigned as accused No.11 is seeking bail contending that in the complaint -9- NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 there are no allegations against him and he is ready to furnish surety to the satisfaction of the trial court.
6. As evident from the complaint averments and investigation so far 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 has 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 petitioner were arrested and after their interrogation, it is revealed that since accused No.9 Sirajsab the grandfather of his wife Jaibanu did not give his daughter Fathima banu the land similar to one given to his other daughter Sadalma, the complainant was unhappy and he even requested Sirajsab also to give 4 acres of land to Fathima and was reprimanded by Sirajsab.
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NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 Accused No.9 was under an impression that for this reason, the complainant Dastgeersab was doing black magic on his family resulting in death and other losses in the family. In this connection, petitioner advised accused Nos.9 and 10 to set on fire the house of the complainant so that inmates as well as the doll which is used for carrying on black magic would be burnt to 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.
7. The allegations made against the petitioner are very grave. The investigation is going on. Having regard to peculiar facts and circumstances, the prosecution case is mainly based on the oral testimony of the witnesses. In the event of granting bail, the possibility of the petitioner threatening and tampering with the witnesses and also indulging in similar offences cannot be ruled out. Having
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NC: 2024:KHC-D:14553 CRL.P No. 102853 of 2024 regard to the gravity of the allegations, the possibility of he absconding also cannot be ruled out. For the above reasons, this court is of the considered opinion that petitioner is not entitled for bail and accordingly, the following;
ORDER Petition filed by petitioner/accused No.11 under Section 483 of BNSS is hereby rejected.
Sd/-
(J.M.KHAZI) JUDGE MBS, CT: UMD List No.: 1 Sl No.: 12