- 1 - NC: 2025:KHC-K:2527 CRL.P No. 200724 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.200724 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MILAN S/O VIJAYAKUMAR @ VIJAY NAYAK JADHAV, AGE:24 YEARS, OCC: PRIVATE SERVICE, R/O. SANGOLGI (G) VILLAGE, TQ. ALAND, DIST. KALABURAGI-585302. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, ALAND POLICE STATION TQ. ALAND, DIST..KALABURAGI-585302, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P. IS FILED U/SEC 483 OF BNSS,2023 PRAYING TO, ALLOW THE PETITIONER AND THEREBY ENLARGE THE PETITIONER/ ACCUSED NO. 1 ON BAIL IN SC NO.238/2024 PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE KALABURAGI CHARGE SHEETED FOR THE OFFENCES PUNISHABLE U/SEC 302, 120(B)(1), 109 R/W 34 OF IPC ARISING OUT OF CRIME NO.282/2023 REGISTERED BY ALAND POLICE STATION, DISTRICT KALABURAGI. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2527 CRL.P No. 200724 of 2025 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.282/2023 of Aland Police Station for the offences punishable under Sections 302, 120(B)(1), 109 read with Section 34 of IPC. 2. Factual matrix of the case are as under: It is the case of the prosecution that the complainant is the resident of Koralli, now at Sangolagi village and staying with the family members by doing agricultural activities. It is further stated that Milan, who is the son of Vijaykumar Jadhav used to threaten complainant’s son Sri Chandrashekhar for one or the other pretext and also used to express that he would kill his son. Such being the fact, on 23.12.2023 at about 04-00 p.m., the son of the complainant took his new motorcycle and told his father that he would come back and went out of the house. - 3 - NC: 2025:KHC-K:2527 CRL.P No. 200724 of 2025 The complainant again at about 07-17 p.m., called his son over his mobile phone and asked him to come to the house to have dinner. The complainant was told that his son would come back after finishing the birthday of his friend. When the complainant was standing near the check post, at about 08-05 p.m., one Sri Aakash S/o Dharmarao Patil of Mogha (B) village had informed him that his son and others were quarreling with each other in the land. After hearing the said information, he went to the spot along with his friends at about 08-45 p.m. On searching the place, he could not trace his son. However, one of his friends has noticed that the dead body was lying on the land. On seeing the dead body, he identified the said dead body as his son and lodged a complaint before the respondent/police. The Investigating Officer after conducting investigation submitted the charge-sheet. 3. Heard Sri Sanjay A. Patil, learned counsel for the petitioner and Sri Siddaling P. Patil, learned Additional State Public Prosecutor for the respondent/State. - 4 - NC: 2025:KHC-K:2527 CRL.P No. 200724 of 2025 4. It is the submission of the learned counsel for the petitioner that the entire case is based on the circumstantial evidence. The petitioner is no way connected with the alleged crime. There is a delay in recording the statement of the eyewitnesses, which creates a doubt about the case of the prosecution. 5. It is further submitted that the allegations against the petitioner/accused No.1 and accused No.2 are one and the same and hence, on the ground of parity, the petitioner may be enlarged on bail and he will abide the conditions to be imposed by this Court. Making such submissions, he prays to allow the petition. 6. Per contra, learned Additional State Public Prosecutor submitted that there are eyewitnesses to the alleged incident. The petitioner being one of the accused, his involvement cannot be discarded. Hence, it is not appropriate to grant him bail, as the alleged offences are heinous in nature. Making such submissions, he prays to reject the petition. - 5 - NC: 2025:KHC-K:2527 CRL.P No. 200724 of 2025 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the petitioner, being an associate of other accused stated to have committed the murder of the deceased, who is the son of the complainant. However, the entire case is based on the circumstantial evidence. The allegations mentioned in the charge sheet are on the strength of the voluntary statement of the other accused. 8. Be that as it may, without adverting to the merits of the case and after having gone through the averments of the charge sheet, 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 (i) The Criminal Petition is allowed. (ii) The petitioner is enlarged on bail in Crime No.282/2023, registered by the Aland Police Station for the offences punishable under - 6 - NC: 2025:KHC-K:2527 CRL.P No. 200724 of 2025 Sections 302, 120(B)(1), 109 read with Section 34 of IPC, pending on the file of the III Additional District and Sessions Judge, Kalaburagi in S.C.No.238/2024, 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: 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 not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 16 CT:PK