DASTAGIRSAB S/O MOULASAB PENDARI vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 104309 of 2025


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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


RD
DATED THIS THE 3 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO. 104309 OF 2025

(407(Cr.PC)/447(BNSS))



BETWEEN:

DASTAGIRSAB S/O. MOULASAB PENDARI,
AGE. 66 YEARS, OCC. AGRICULTURE,
R/O. AKKIMARADI FARM HOUSE,
MAHALINGAPUR, TQ. MUDHOL, DIST. BAGALKOT,
NOW AT: CHAWADI CHOUK,
RUKADI, TQ. HATAKNAGALE,
DIST. KOLHAPUR-416 118,
MAHARASHTRA STATE.
…PETITIONER

(BY SRI. RAHUL S.KUNTOJI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS ADDITIONAL SPP,
THROUGH MUDHOL P.S., TQ. MUDHOL,
DIST. BAGALKOT-587313,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.

2. AMINSAB S/O. SIRAJSAB PENDARI,
AGE. 45 YEARS, OCC. AGRICULTURE,
R/O. MAHALINGAPUR NOW AT:
BELAGALI FARM HOUSE, TQ. MUDHOL,
DIST. BAGALKOT-589313.










Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka

3. BABULAL S/O. SIRAJSAB PENDARI,

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AGE. 37 YEARS, OCC. AGRICULTURE,
R/O. MAHALINGAPUR NOW AT:
BELAGALI FARM HOUSE, TQ. MUDHOL,
DIST. BAGALKOT-589313.

4. JAKIRHUSEN @ JAKIR MAIBUBSAB
@ MABUSAB NADAF,
AGE. 34 YEARS, OCC. AGRICULTURE,
R/O. MARAPUR, TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT-589312.
…RESPONDENTS

(BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR RESPONDENT
(STATE))
----
THIS CRIMINAL PETITION IS FILED UNDER SECTION 407
OF CR.P.C. (UNDER SECTION 447 OF BNSS, 2023) PRAYING
TO, TRANSFER THE SESSIONS CASE IN SC NO.10073/2025
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 61(2) (a),
103, 109(1), 326(g), 324(5), 3(5) AND 49 OF BHARATIYA
NYAYA SANHITA, 2023 AND SECTION 136 OF INDIAN
ELECTRICITY (AMENDMENT) ACT, 2003 AND SECTION 3(2) OF
KARNATAKA PREVENTION AND ERADICATION OF INHUMAN
EVIL PRACTICES AND BLACK MAGIC ACT, 2017 ARISING OUT
OF MUDHOL PS CRIME NO.0223/2024 PENDING ON THE FILE
OF I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT
SITTING AT MUDHOL TO THE COURT AT ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE
AND EQUITY.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)


1. The petitioner is before this Court seeking to
transfer the Sessions case in SC No.10073/2025, arising out of
Crime No.0223/2024 of respondent police, pending on the file
of I Additional District and Sessions Judge, Bagalkot sitting at
Mudhol to the Court at Additional District and Sessions Judge,
Belagavi for the offence punishable under Sections 61(2)(a),
103, 109(1), 326(g), 324(5), 3(5) and 49 of Bharatiya Nyaya
Sanhita, 2023 and Section 136 of Indian Electricity Act, 2003
and Section 3(2) of Karnataka Prevention and Eradication of
Inhuman Evil Practices and Black Magic Act, 2017.
Brief facts of the case:

2. The case of the prosecution is that the petitioner
No.1 lodged a complaint on 16.07.2024, stating that he and his
family members were residing at their farm house at
Akkimaradi. Around 15 days prior to the incident, the grandson
of the complainant by name Siddique had come to stay with
them, since he had college vacation. On the night of
15.07.2024, at about 10:30 p.m., the petitioner along with his

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wife Jayabanu, son Subhan, daughter Shabana, and grandson
Siddique, had dinner and they were awake till 12.00 in the mid
night. After that, all of them went to sleep. Approximately,
around 2.30 am., on 16.07.2024, petitioner No.1 recognized
the strong smell of petrol. In the meantime, petitioner No.1, his
son Subhan and grandson Siddique, noticed that the house was
on fire. Siddique managed to escape. However, the petitioner,
his wife, son and daughter, were trapped inside. The petitioner
and his son narrowly escaped with serious burn injuries.
However, his wife and daughter could not escape and
succumbed to the injuries. Later, the son of the petitioner
Subhan, succumbed to the burn injuries while undergoing
treatment at the hospital. Therefore, a complaint came to be
registered against the 8 persons. The respondent-police after
registering the case, conducted investigation and submitted the
charge sheet.


3. Heard Sri Rahul S Kuntoji, learned counsel for the
petitioner and Sri Praveen Y Devareddiyavar, learned High
Court Government Pleader for respondent No.1-State.

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4. It is the submission of learned counsel for the
petitioner that the petitioner, being the complainant and the
victim in the present case had lost his wife, daughter, and son
and the attempted murder has taken place against him and his
grand son. Therefore, he has strong and reasonable
apprehensions that a fair and impartial trial will not be
conducted at Mudhol, as the accused persons are locally
influential and well-connected in the area.

5. It is further submitted that the petitioner and his
family members have already been targeted. The petitioner has
been under the constant psychological fear and threat. If the
complainant and his family members attending the Court at
Mudhol, unnecessarily they will be exposed to unwarranted risk
to their life and liberty. If the petition is allowed and the case is
transferred to Belgavi, it would be geographically much closer
and helpful to the complainant petitioners from Kolhapur as
compared to Mudhol. Therefore, the petition may be allowed in
the interest of justice. Making such submissions, learned
counsel for the petitioner prays to allow the petition.

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6. Per contra, the learned High Court Government
Pleader for respondent No. 1–State vehemently submitted that
the case cannot be transferred merely on the basis of
apprehension. The alleged incident occurred within the
jurisdiction of the Mudhol Police. The respondents are not afraid
of appearing before any Court other than the jurisdictional
Court. If at all the witnesses are afraid of attending the Court
at Mudhol, they may seek a remedy under the Witness
Protection Act. Therefore, the petition may be rejected. Having
said thus, learned HCGP prays to reject the petition.

7. Having heard learned counsel for the respective
parties and on perusal of the averments of the complaint, the
petitioner, being the complainant, stated that he has
apprehensions about attending the case at Mudhol. No doubt,
the petitioner, after the incident, was shifted to Kolhapur and
intends to have the case transferred to Belagavi. However,
mere apprehension of threat is not a ground to transfer the
case. In fact, a remedy is available to the complainant and
other witnesses under the Witness Protection Act. It is the
bounden duty of the police to provide protection to the

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witnesses to attend the Court to lead their evidence
impartially.


8. In the light of the observations made above, I
proceed to pass the following.
ORDER
The petition stands dismissed.


Sd/-
(S.RACHAIAH)
JUDGE





JS/-
MRK/CT: UMD
List No.: 19 Sl No.: 4