- 1 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE T.M.NADAF CRIMINAL PETITION NO. 200877 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SHIVARAJKUMAR @ SHIVANAND S/O MAHANTAGOUDA PATIL AGE: 21 YEARS, OCC: STUDENT R/O YARAGAL B.K NOW AT BHIMASHANKAR BADAWANE, SINDAGI, TQ: SINDAGI DIST: VIJAYAPUR. …PETITIONER (BY SRI SHIVANAND V PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH ALMEL POLICE STATION DIST: VIJAYAPURA – 586101. R/BY ADDL. SPP KALABURAGI, HIGH COURT OF KARNATAKA KALABURAGI BENCH – 585107. …RESPONDENT (BY SRI SHESHADRI JAISHANKAR, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS-2023, PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN SC NO.24/2025 (ALMEL PS FIR (CRIME) NO.83/2024 DISTRICT VIJAYAPURA) FOR THE OFFENCES PUNISHABLE U/SEC. 103(1), 238, 61(2) A R/W 3(5) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 OF BNS-2023 PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, VIJAYAPURA, DISTRICT VIJAYAPYURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR JUSTICE T.M.NADAF) This petition is filed by accused No.1 seeking regular bail in C.C.No.4810/2024 now committed to Sessions Court in S.C.No.24/2025 pending on the file of the IV Additional District and Sessions Judge, Vijayapura in respect of Almel Police Station Crime No.83/2024, for the offences punishable under Sections 103 (1), 238 of BNS, 2023. 2. The case of the prosecution is that the complaint came to be registered against unknown persons in respect of death of one Saleem. The respondent - police after registering the case, conducted investigation and issued FIR in Crime No.84/2024 for the offences stated supra. The respondent – police during the investigation, found that the deceased Saleem and - 3 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 petitioner and other accused are friends. There were some petty disputes between petitioner and accused No.1. It is further alleged that accused No.1 was expressing his dissatisfaction towards Saleem and he was always whispering that he would finish off said Saleem. As per the further statement of the complainant, it is alleged that the petitioner along with his friends stated to have committed murder of deceased by assaulting him with machete and threw the dead body into a canal. The respondent – police after investigation laid charge sheet against the petitioner and other accused persons for the offences stated supra in C.C.No.4810/2024, now the same has been committed to Sessions Court and pending on the file of the IV Additional District and Sessions Judge, VIjayapura in S.C.No.24/2025. 3. Heard Sri Shivanand V. Pattanshetti, learned counsel for the petitioner and Sri Sheshadri Jaishankar, learned AGA appearing on behalf of the respondent-State. - 4 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 4. Sri Shivanand Pattanshetti vehemently submits that the entire case of the prosecution is based upon circumstantial evidence. Initially the crime came to be registered against unknown persons and during the course of investigation, only on the basis of some statement given by charge sheet witness, the brother of the deceased gave further statement making overt acts against the petitioner and other accused persons. On the basis of the voluntary statement of other co-accused, the police arrested the petitioner and accused. There is no direct evidence in respect of the commission of murder of deceased. He further submitted that the investigation having been completed, charge sheet is filed and now the case is committed to the Sessions Court, in these circumstances, keeping the petitioner in judicial custody is against the personal liberty. Sri Shivanand Pattanshetti also relies on the order passed by the co-ordinate bench of this Court in Criminal Petition No.200518/2025 wherein the co-ordinate bench of this Court enlarged accused No.2 on regular bail. Learned counsel also submits that - 5 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 accused No.3 has been granted regular bail by the Trial Court. Considering the allegations made against the petitioner and other accused as similar, on the ground of parity also he seeks that the petitioner may be admitted on bail. 5. Per contra, learned AGA, in his usual vehemence, submits that there are serious overt acts alleged against the petitioner. He is accused No.1 and he was always whispering with his co-accused that he is going to finish off said Saleem. They were lastly seen with the deceased before his death. There are prima facie materials against the petitioner. The enlargement on bail of the other accused is not be a ground to enlarge the petitioner on bail. On this he prays this Court to dismiss the petition. 6. Having heard the learned counsel for the parties and perused the records, the only point that arises for my consideration is: - 6 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 Whether in the facts and circumstances of the case, the petitioner can be admitted on bail? 7. It appears from the records that the petitioner and other accused and deceased are friends. There were some petty disputes between them. The body of Saleem was found in a decomposed state in a canal. At the earlier point of time, crime was registered by one Jagannath Mukashi adjacent to whose land the body was found in the canal in decomposed state. On the said complaint, the case came to be registered against unknown persons. However, during the course of investigation, the police found that the petitioner, the other accused and deceased were friends and based on statement given by CW-21, they arrested accused Nos.1 and 3 and on their voluntary statement, arrested accused No.2. On perusal of the entire materials placed by the prosecution, except statement of CW-21, there is no direct evidence of commission of murder. That apart, accused No.3 against whom similar allegations are made, was admitted on bail by the Trial Court and so far as accused No.2 is concerned, - 7 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 granted bail by the order of the co-ordinate bench of this Court in Criminal Petition No.200518/2025, wherein this Court in para-7 has observed as under: “7. On perusing the averments of the charge sheet, it appears that entire case is based on the circumstantial evidence. The petitioner has been arrayed as accused on the basis of the voluntary statement of other accused persons. On going through the facts and circumstances of the case, without adverting to the merits of the case, it is appropriate to grant bail, as accused No.3 had been granted bail by the Trial Court. Hence, I proceed to pass the following:” 8. Though the learned AGA opposed for grant of bail, however, he was not able to differentiate any materials against the petitioner and that of accused Nos.2 and 3. 9. In these circumstances, without expressing anything on the merits of the case, I am of the opinion that the petitioner can be admitted on bail. Accordingly, the point supra for my consideration is answered in - 8 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 affirmative, and in favour of the petitioner. Hence, I proceed to pass the following: ORDER The petition filed under Section 483 of BNSS, 2023 is allowed. The petitioner/accused No.1 is enlarged on bail in C.C.No.4810/2024 arising out of Crime No.83/2024 registered by Almel Police Station, Vijayapur, for the offences punishable under Sections 103(1), 238 of BNS, 2023, now pending in S.C.No.24/2025 on the file of the IV Additional District and Sessions Judge, Vijayapura, subject to the following conditions: (i) The petitioner shall execute personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum, to the satisfaction of the Sessions Court before whom the present S.C.No.24/2025 is pending; (ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 9 - NC: 2025:KHC-K:2746 CRL.P No. 200877 of 2025 without causing any delay in the proceedings. (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences. (v) The petitioner shall appear before the Investigation Officer for any further investigation, if needed. (vi) The petitioner shall not leave the jurisdiction of the Trial Court without permission. If any of the above conditions are violated, prosecution will be entitled to seek cancellation of bail. Ordered accordingly. Sd/- (T.M.NADAF) JUDGE SWK List No.: 1 Sl No.: 17 CT: PS