- 1 - NC: 2025:KHC-K:2404 CRL.P No. 201360 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.201360 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: MOHAMMAD SHAIKH S/O BABU SHAIKH, AGE: 38 YEARS, OCC: DRIVER AND MASON, R/O SANGOLGI (G) VILLAGE, TQ. ALAND, DIST. KALABURAGI-535802. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, ALAND POLICE STATION, ALAND, NOW REPRESENTED BY THE ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585102. …RESPONDENT (BY SRI SIDDALING P. PATIL, ADDL.SPP) THIS CRL.P. IS FILED U/SEC. 483 OF BNSS, 2023 PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/A-2 (AS PER CHARGE SHEET) ON BAIL IN CONNECTION WITH CRIME NO.282/2023 OF ALAND POLICE STATION REGISTERED FOR THE OFFENCES UNDER SECTIONS Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2404 CRL.P No. 201360 of 2024 302, 120(B)(1), 109 R/W 34 OF INDIAN PENAL CODE, NOW PENDING ON THE FILE PRINCIPAL JMFC, ALAND IN CC NO.2527/2024. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.04.2025, 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.2 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 - 3 - NC: 2025:KHC-K:2404 CRL.P No. 201360 of 2024 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. 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. 3. 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 - 4 - NC: 2025:KHC-K:2404 CRL.P No. 201360 of 2024 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. 4. Heard Sri Sanjay A. Patil, learned counsel for the petitioner and Sri Siddaling P. Patil, learned Additional State Public Prosecutor for the respondent/State. 5. It is the submission of the learned counsel for the petitioner that the entire case is based on circumstantial evidence. The main allegation has been made out against Milan S/o Vijaykumar Jadhav. The name of the petitioner was not mentioned in the complaint or FIR. However, his name has been included in the charge- sheet on the strength of the voluntary statement of the co-accused. 6. It is further submitted that even though the offences are heinous in nature, the fact remains that the - 5 - NC: 2025:KHC-K:2404 CRL.P No. 201360 of 2024 involvement of the petitioner has not been projected through the version of the eyewitnesses. Therefore, he may be released on bail by imposing suitable conditions. 7. Per contra, learned Additional State Public Prosecutor submitted that even though the petitioner was not named in the FIR or complaint, the fact remains that during the investigation, his involvement was reflected. The eyewitness, who informed the complainant, had seen 4-5 persons quarreling with the deceased. 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. 8. 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 - 6 - NC: 2025:KHC-K:2404 CRL.P No. 201360 of 2024 son of the complainant. However, the entire case is based on the circumstantial evidence. None of the witnesses have spoken about the involvement of the petitioner. The allegations mentioned in the charge-sheet are on the strength of the voluntary statement of the other accused. 9. 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. 10. 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 Sections 302, 120(B)(1), 109 read with Section 34 of IPC, pending on the file of the Principal - 7 - NC: 2025:KHC-K:2404 CRL.P No. 201360 of 2024 JMFC Court, Aland in C.C.No.2527/2024, 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. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 48 CT:PK