MAKTUNBI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11228
CRL.P No. 201382 of 2026
CNR: KAHC030105732026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201382 OF 2026
(439(Cr.PC)/483(BNSS)-)
BETWEEN:
1. MAKTUMBI
W/O HAJESAB SOUDAGAR,
AGE : 30 YEARS,
OCC : SCRAP FETCHING WORK,
R/O: SAGAR NAGAR, KANABARGI BELAGAVI,
A/P: SUHAG COLONY,
NEAR VAJRA HANUMAN GATE,
BAGALKOT ROAD, VIJAYAPURA – 586 101.
2. JULEKHA
W/O HUSEN SHEIKH,
AGE : 24 YEARS,
OCC : SCRAP FETCHING WORK,
R/O: BAZAR GALLI WARD NO.7,
CHADACHAN, A/P SUHAG COLONY,
NEAR VAJRA HANUMAN GATE,
BAGALKOT ROAD,
VIJAYAPURA – 586 101.
…PETITIONERS
(BY SRI SHIVANAND V. PATTANSHETTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH BABALESHWAR
POLICE STATION,
DIST: VIJAYAPURA - 586 101.
R/BY. ADDL. SPP.,
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC-K:11228
CRL.P No. 201382 of 2026
CNR: KAHC030105732026
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH – 585 107.
…RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 483 OF BNSS (439
OF CR.P.C), PRAYING TO GRANT THE REGULAR BAIL TO THE
PETITIONER/ACCUSED NO.2 AND 3 IN C.C.NO.8470/2026
(BABALESHWAR PS CRIME NO.163/2026 DISTRICT
VIJAYAPURA) FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 305, 331(3), 112(2) OF BNS-2023 PENDING ON THE
FILE OF II ADDL. CIVIL JUDGE AND JMFC VIJAYAPURA IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioners and
the learned HCGP for the respondent/ State on the
petition. Perused the relevant materials on record.
2. This petition is filed by the petitioners/
accused No.2 and 3 under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’),
praying to grant bail in their favour in the case in
CC No.8470/2026 pending before the learned II
Additional Civil Judge and JMFC, Vijayapura, arising
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NC: 2026:KHC-K:11228
CRL.P No. 201382 of 2026
CNR: KAHC030105732026
out of Crime No.163/2026 of the respondent Police for
the offences punishable under Sections 305, 331(3) and
112(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’).
3. The learned HCGP has orally objected to the
petition submitting that the investigation is already over
and the charge sheet is filed against the petitioners and
others for the alleged offences. The petitioners are
involved in other cases. On the basis of the recovery of
the properties in the case on hand, the case is made out
against the petitioners. If the petitioners are released on
bail, there are chances of them committing similar
offences and also tampering with prosecution witnesses
and hampering trial of the case. Therefore, the learned
HCGP has sought for dismissal of the petition.
4. The case alleged against the petitioners
is that on 13.06.2026 in between 08.30 a.m. and
07.00 p.m., the petitioners along with other accused
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HC-KAR
NC: 2026:KHC-K:11228
CRL.P No. 201382 of 2026
CNR: KAHC030105732026
persons committed theft of silver items from
Siddeshwara temple of Katral village including silver
lion faced idol of Siddeshwara Temple and thereby the
petitioners committed the alleged offences.
5. The contention of the petitioners is that they
are innocent of the offences alleged against them and
they have not committed any such offences. Per contra ,
as submitted by learned HCGP, the investigation is
already completed and the charge sheet is filed against
the petitioners for the alleged offences and hence, at this
stage, the contention of the petitioners that they have
not committed any such offences does not merit
consideration.
6. However, even if it is accepted for the sake of
argument that there are prima facie materials against
the petitioners for the alleged offences, the said offences
are not punishable with death or life imprisonment.
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The maximum punishment for the alleged offence is
imprisonment which may be extended till ten (10) years.
Further, the alleged offence is exclusively triable by the
learned Magistrate.
7. Moreover, the petitioners are women. As per
the documents produced by the petitioners, the
petitioner No.1 is having minor children and the
petitioner No.2 is also having two minor children.
Hence, the petitioners being women are entitled for the
benefit of bail as per Section 480 of BNSS.
8. As submitted by learned counsel for the
petitioners, there is absolutely no material forthcoming
by the respondent Police to show any antecedents of the
petitioners that they committed similar offences or any
offence earlier. After the arrest of the accused No.4,
based on his statement, recovery of some properties are
made and only on the basis of such recovery, the
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petitioners are also shown as accused persons. The
accused should not be allowed to remain in judicial
custody at pre-trial stage as punishment for the alleged
offence.
9. Any of the apprehension of the learned HCGP
can be suitably met with by imposing proper and
necessary conditions on the petitioners while granting
them bail making them to assist the trial Court in trial
of the case. Mere fact that the offence alleged against
the petitioners is heinous offence cannot be a ground to
deny bail to the petitioners considering the materials
available on record. Therefore, at this stage there is
absolutely no reason to deny bail to the petitioners.
Hence, the petitioners have made out sufficient grounds
for granting bail in their favour and consequently, the
petition deserves to be allowed.
10. In the result, I proceed to pass the following:
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HC-KAR
NC: 2026:KHC-K:11228
CRL.P No. 201382 of 2026
CNR: KAHC030105732026
ORDER
allowed
i) The petition is hereby .
ii) Consequently, the petitioners/
accused 2 and 3 shall be enlarged on bail
in the case in CC No.8470/2026 pending
before the learned II Additional Civil
Judge and JMFC, Vijayapura, arising out
of Crime No.163/2026 of the respondent
Police for the offences punishable under
Sections 305, 331(3) and 112(2) of BNS ,
on their executing personal bond for
Rs.1,00,000/- each with one surety for
the like sum to the satisfaction of the
learned Magistrate/ trial Court, subject to
the following conditions that:
a) The petitioners/ accused No. 2 and
3 shall appear before the learned
Magistrate/ trial Court as and
when directed and they shall assist
the learned Magistrate/ trial Court
in trial of the case.
b) They shall appear before the
Investigating Officer as and when
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required and they shall assist the
Investigating Officer in further
investigation of the case, if any.
c)
They shall not tamper with
prosecution witnesses and shall
not hamper further investigation of
the case in any manner, and
d)
They shall not commit any similar
offences or any offence during the
pendency of case.
If the petitioners violate any of the conditions of
bail, the respondent Police is at liberty to move the trial
Court for cancellation of bail.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 13