- 1 - NC: 2025:KHC-K:2550 CRL.P No. 200680 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200680 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALLIKARJUN S/O SAYABANNA KHAIRAT, AGE: 40 YEARS, OCC: COOLIE, R/O TAMBA, TQ.INDI, DIST.VIJAYAPUR-586104. …PETITIONER (BY SRI MOINAKHTAR NADAF, ADVOCATE) AND: THE STATE OF KARNATAKA, THORUGH THE PSI, VIJAYAPUR RURAL PS, REP. BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/SEC 483 OF BNSS, 2023 PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN VIJAYAPUR RURAL PS CRIME NO.51/2021, REGISTERED AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCES U/SEC 143, 147, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2550 CRL.P No. 200680 of 2025 120(B), 365, 302, 201 R/W 149 OF INDIAN PENAL CODE AND WHICH IS PENDING BEFORE IV ADDL. DISTRICT AND SESSIONS JUDGE, VIJAYAPUR BY IMPOSING ANY CONDITION THAT THIS HON'BLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by accused No.1 seeking regular bail in Crime No.51/2021, registered by the Vijayapur Rural Police Station, for the offences punishable under Sections 143, 147, 120(B), 365, 302, 201 read with Section 149 of Indian Penal Code, pending before the IV Additional District and Sessions Judge, Vijayapur. 2. Factual matrix of the case are as under: The complainant has lodged a complaint stating that his uncle Iranna had married Anasuya and he was staying at Australia working in the company at Australia. He used to visit India once in a year. He stated to have purchased - 3 - NC: 2025:KHC-K:2550 CRL.P No. 200680 of 2025 38 acres of land and the said land was being looked after by his brother-in-law, who is the petitioner herein. Subsequently, he had given the said land to some other persons. About 4 years ago, Iranna Gotyal had left his wife and children in Australia only and came to Tamba village and married another wife Anushree. After the marriage, they started residing in Tikota village. However, the brother of his first wife, i.e., the petitioner herein was angry with Iranna as he had left his wife Anasuya and children at Australia and married second wife in India. Hence, he used to pick-up quarrel with Iranna. On 11.02.2021, Iranna left Tamba village stating that he would come to Tikota village. As he did not reach Tikota village, his second wife Anushree informed the same to the father of the complainant, namely, Sharanappa. They searched for Iranna in all the places. When they were returning to Vijayapur, near Toravi village, they found a motorcycle which belongs to Iranna. Therefore, they lodged a complaint about missing of - 4 - NC: 2025:KHC-K:2550 CRL.P No. 200680 of 2025 Iranna. After registering the case, the respondent/police have conducted investigation. During the investigation, they found that on 11.02.2021, when Iranna was going from Tamba to Tikota, Saipan Bagan and other abducted him and kidnapped in two cars and took him to Jainapur cross and committed his murder by strangulating with a towel and later dumped the dead body in the Krishna river from the Kolhar Bridge. The respondent/police after conducting the investigation, submitted the charge sheet. 3. Heard Sri Moinakhtar Nadaf, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 4. It is the submission of the learned counsel for the petitioner that though the matter is posted for trial and some of the witnesses have been examined, some of the witnesses have to be examined and they were not attending the Court in spite of warrant having been issued. There is a delay in conducting the trial. Though the petitioner is arrayed as accused No.1, his role is that he - 5 - NC: 2025:KHC-K:2550 CRL.P No. 200680 of 2025 conspired with the other accused and gave a Supari to commit the murder of his brother-in-law. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions that may be imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader submitted that accused No.1 had contacted with other accused, committed the murder of the deceased. The motive has been established by filing the charge sheet. The conspiracy has also been established. Mere delay in conducting the trial may not be the ground to grant bail. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the order of this Court dated 12.02.2025, it appears that this Court vide order dated 12.02.2025 has directed the respondent/police to secure the presence of C.W.9 to C.W.11 for the purpose of - 6 - NC: 2025:KHC-K:2550 CRL.P No. 200680 of 2025 conducting the evidence. However, till today, the respondent/police have not secured the presence of the witnesses namely, C.W.9 to C.W.11 even though the proclamation warrant having been issued by the Trial Court. Having considered the inability of the respondent/police in securing the presence of the witnesses and also the overt-acts of the petitioner, I am of the considered opinion that the petitioner has made out a case to grant him bail. Hence, I proceed to pass the following order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is enlarged on bail in Crime No.51/2021, of Vijayapur Rural Police Station, pending on the file of the IV Additional District and Sessions Judge, Vijayapur for the offences under Sections 143, 147, 120(B), 365, 302, 201 read with Section 149 of IPC, by executing personal bond for a sum of Rs.1,00,000/- with - 7 - NC: 2025:KHC-K:2550 CRL.P No. 200680 of 2025 one surety for the likesum to the satisfaction of the Trial Court on the following conditions: 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. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 13 CT:PK