- 1 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 743 OF 2025 BETWEEN: NOORYA NAIKA, S/O RAMA NAIKA AGED 44 YEAWRS R/AT SIDDESHWARA NAGARA DUMMALLI GRAMA SHIVAMOGGA 577201 …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI.KARIAPPA N A., ADVOCATE) AND: STATE OF KARNATAKA BY TUNGANAGARA POLICE STATION SHIVAMOGGA 577201 (REPRESENTED BY LEARNED SPP HIGH COURT OF KARNATAKA BANGALORE 560 001) …RESPONDENT (BY SRI.K. NAGESHWARAPPA., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.235/2024 OF TUNGANAGAR POLICE STATION, SHIVAMOGGA WHICH IS PENDING IN S.C.NO.145/2024 ON THE FILE OF THE HONBLE V ADDL. CIVIL JUDGE AND JMFC Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 SHIVAMOGGA FOR THE OFFENCE P/US/ 120- B,143,144,148,149,302,114 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in SC.No.145/2024 pending before the Court of II Additional District and Sessions Judge, Shivamogga, arising out of Crime No.235/2024 registered by Thunganagar Police Station, Shivamogga for the offences punishable under Sections 120B, 143, 144, 148, 149, 302, 114 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Senior Counsel appearing for the petitioner and the learned HCGP for the respondent. 3. FIR in Crime No.235/2024 was registered by Thunganagar Police Station, Shivamogga, initially for offences punishable under Section 120B, 143, 144, 148, 149, 302, 324 of IPC against the Yenkya Naik @ Akhilesh - 3 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 Naik and five others on the basis of the first information dated 13.05.2024 received from Nagesh Naik S/o Shesha Naik (C.W.1). 4. The petitioner herein was arrayed as accused No.3 in the FIR. During the course of investigation of the case, petitioner was arrested on 21.05.2024 and subsequently, remanded to judicial custody. Investigation of the case was completed and chargesheet was filed against six persons. Petitioner is arraigned as accused No.2 in the chargesheet. Bail application filed by the petitioner before the Trial Court in Crl.Mis.No.1105/2024 was rejected on 12.11.2024. Therefore, he is before this Court. 5. Learned Senior Counsel appearing for the petitioner submits that considering the further statement of C.W.1, it becomes doubtful that he is a eye witness to the incident in question. Perusal of the statement of C.Ws.2 and 3 would go to show that they had not seen the accused persons assaulting the deceased and they had - 4 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 come to the spot only when the deceased was found lying on the ground. Accused Nos.3 to 6 have been granted regular bail by the jurisdictional Sessions Court. The petitioner has no other criminal antecedents and undisputedly there is a civil dispute between the parties. The case of the prosecution appears to be based on circumstantial evidence and since accused No.3 to 6 have been already granted bail he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that there are eye-witnesses in the present case and as per the chargesheet allegations, it is only accused Nos.1 and 2 who have assaulted the deceased with sickle. The accused persons had a strong motive to commit the murder of the deceased. Accordingly, he prays to dismiss this petition. 7. Perusal of the material on record would go to show that there is a civil dispute between the parties and the father of deceased Satish Naik @ Sattu appears to have filed a suit in respect of the property in dispute and - 5 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 said suit was decreed. It also appears that accused persons were in possession of the property in dispute and on the date of incident, deceased had gone to the property in dispute and after seeing him entering the property, the accused persons allegedly confronted him and thereafter assaulted him with deadly weapons and committed his murder. 8. The first informant, Nagesh Naik (C.W.1) in his information, has stated that when he reached the spot of crime he had seen all the six accused persons assaulting the deceased with sickles and burjee and after seeing him, they allegedly ran away from the spot. Accused No.1- Yenkya Naik @ Akhilesh Naik was arrested in the present case on 13.05.2024. Thereafter, the further statement of C.W.1 was recorded on 15.05.2024. In the said further statement, C.W.1 has stated that he has come to know that accused No.1 had confessed on 13.05.2024 about the crime and accused Nos.1 and 2 are the persons who had assaulted the accused with sickles and other accused - 6 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 persons, namely, accused Nos.3 to 6 allegedly instigated accused Nos.1 and 2 to commit the crime. He has also stated that he has wrongly mentioned in the FIR that all the accused had assaulted the deceased with sickles and burjee and he has stated that the weapon used by the accused to commit the crime is only sickle and not burjee. 9. According to learned Senior counsel from the aforesaid further statement of C.W.1, it becomes doubtful that C.W.1 was an eye-witness to the incident. Said submission cannot be lightly brushed aside. Perusal of the statement made by the alleged eye-witnesses i.e., C.W.2 and C.W.3 and other chargesheet witnesses would go to show that all of them have only seen the accused persons running away from the spot. The petitioner, who has no other criminal antecedents, is in custody from 21.05.2024. Investigation of the case has been completed and chargesheet has been filed. Accused Nos.3 to 6 have been granted regular bail by the jurisdictional Sessions Court. Under the circumstances, I am of the view that, without - 7 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for the grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in SC.No.145/2024 pending before the Court of II Additional District and Sessions Judge, Shivamogga, arising out of Crime No.235/2024 registered by Thunganagar Police Station, Shivamogga for the offences punishable under Sections 120B, 143, 144, 148, 149, 302, 114 of IPC, subject to the following conditions: a) 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 jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial - 8 - NC: 2025:KHC:9993 CRL.P No. 743 of 2025 Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 42