- 1 - NC: 2025:KHC-K:2288 CRL.P No.200511 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200511 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: AMOGHASIDDA S/O PARASAPPA HOSAMANI, AGE: 21 YEARS, OCC: COOLIE, R/O BURNAPUR, DIST. VIJAYAPURA-586104. …PETITIONER (BY SRI MOINAKHTAR NADAF, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE PSI, RURAL PS, BIJAPUR, REP. BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN VIJAYAPUR RURAL PS CRIME NO.264/2021 REGISTERED AGAINST THE PETITIONER/ACCUSED NO.1 IN SC NO.165/2022 FOR THE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2288 CRL.P No.200511 of 2025 OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 201 OF INDIAN PENAL CODE AND WHICH IS PENDING BEFORE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIJAYAPUR BY IMPOSING ANY CONDITIONS THAT THIS HON’BLE COURT DEEMS FIT. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 04.04.2025, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by accused No.1/petitioner seeking to enlarge him on bail in S.C.No.165/2022, pending on the file of the II Additional District and Sessions Judge, Vijayapur, arising out of Crime No.264/2021, registered by the Vijayapur Rural Police Station for the offences punishable under Sections 302 and 201 of IPC. - 3 - NC: 2025:KHC-K:2288 CRL.P No.200511 of 2025 2. Factual matrix of the case are as under: The complainant lodged a complaint stating that his younger brother Aatmanand stated to have taken the accused/petitioner on his motorcycle to drop him to his native place. However, he did not return even after long hours. On the following day, the complainant came to know that his younger brother had committed suicide by tying the thread to the motorcycle and fell into the water of the canal. 3. On investigation, the matter has been unfolded in such a way that the petitioner herein had an illicit relationship with the wife of the deceased Aatmanand, he thought that the deceased would be the thorn to their relationship. Hence, he committed the murder of Aatmanand. Therefore, the police have investigated the case and submitted the charge sheet. - 4 - NC: 2025:KHC-K:2288 CRL.P No.200511 of 2025 4. Heard Sri Moinakhtar Nadaf, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 5. It is the submission of the learned counsel for the petitioner that the entire case is based on the circumstantial evidence. There is a delay in lodging the complaint. Even in the complaint, the complainant did not mention the name of any other persons whom he suspected to have committed the murder of his brother. 6. It is further submitted that merely because the petitioner had accompanied the deceased, that would not be sufficient to implicate the petitioner as accused in the said case. Since the entire case is based on circumstantial evidence, the personal life and liberty of the petitioner guaranteed under Article 21 of the Constitution of India need to be upheld. Making such submissions, he prays to allow the petition. - 5 - NC: 2025:KHC-K:2288 CRL.P No.200511 of 2025 7. Per contra, learned High Court Government Pleader submitted that the charge sheet would indicate that the petitioner has committed the murder of the deceased. The motive for committing the murder is that the petitioner had illicit relationship with the wife of the deceased. Therefore, the prosecution has proved the case by filing the charge sheet. Hence, it is not appropriate to grant him bail. 8. No doubt, the entire case is based on the circumstantial evidence. Some of the witnesses have stated that the petitioner had accompanied the deceased to go to his place on the motorcycle. However, none of the witnesses have spoken about the involvement of the petitioner in the murder of the deceased. 9. It is needless to say that “the doubt, howsoever it may be strong, it cannot replace the proof”. When the case is based on the circumstantial evidence, the Courts are requested to be liberal in considering the bail - 6 - NC: 2025:KHC-K:2288 CRL.P No.200511 of 2025 application of the petitioner as it involves the life and liberty of the person, who is languishing in the judicial custody in such cases. Having said thus, on going through the present case and also perused the facts and circumstances, I am of the considered opinion that the petitioner has made out a case to grant him bail. 10. Accordingly, I proceed to pass the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner is enlarged on bail in S.C.No.165/2022, pending on the file of the II Additional District and Sessions Judge, Vijayapur, arising out of Crime No.264/2021, registered by the Vijayapur Rural Police Station for the offences punishable under Sections 302 and 201 of IPC, by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: - 7 - NC: 2025:KHC-K:2288 CRL.P No.200511 of 2025 a. The petitioner shall not threaten or tamper the prosecution witnesses. b. The petitioner shall appear before the Trial Court on all hearing dates without fail. c. The petitioner shall co-operate for investigation as and when required. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 77 CT:PK