- 1 - NC: 2025:KHC:15456 CRL.P No. 4506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4506 OF 2025 BETWEEN: 1. SRI MOHAMMAD RAFEEQ AGED 57 YEARS S/O LATE IBRAHIM SANTIYAR RESIDENT OF SANTIYAR HOUSE ARANTHODU VILLAGE SULLIA TALUK - 574 239 D.K. DISTRICT. 2. SRI ABDUL KHADER@ SATTAR AGED 51 YEARS SON OF LATE IBRAHIM SANTIYAR RESIDENT A. V. SCHOOL MADIKERI - 571 201 KODAGU DISTRICT. …PETITIONERS (BY SRI JAGADISH N. BALIGA, ADV.) AND: THE STATE OF KARNATAKA BY MADIKERI RURAL POLICE STATION MADIKERI - 571 201, KODAGU DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE ON REGULAR BAIL IN CRIME Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15456 CRL.P No. 4506 of 2025 NO.115/2023 OF MADIKERI RURAL POLICE STATION, MADIKERI, KODAGU FOR THE OFFENCES P/U/S.120(B) AND 302 R/W SECTION 34 OF IPC ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI IN S.C.NO.74/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in SC No.74/2023 pending before the Court of Principal District and Sessions Judge, Kodagu, Madikeri, arising out of Crime No.115/2023 registered by Madikeri Rural Police Station, Kodagu, for the offences punishable under Sections 302, 120B read with Section 34 of IPC, are before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.115/2023 was registered by Madikeri Rural Police Station, Kodagu, initially for the offences punishable under Section 302 read with Section 34 of IPC, against petitioners herein based on the first information dated 14.07.2023 received from Ummar Shafi, brother-in-law of deceased. During the course of investigation, petitioners herein - 3 - NC: 2025:KHC:15456 CRL.P No. 4506 of 2025 were arrested on 16.07.2023. Investigation in the case is completed and charge sheet has been filed against three persons. Petitioners are arraigned as accused Nos.1 and 2 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.358/2024 was rejected on 14.10.2024. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that petitioners do not have any criminal antecedents and they are in custody for the last more than one year eight months. Before the Trial Court, all the material charge sheet witnesses have been examined and out of the seven alleged eye witnesses, except first informant, other independent witnesses have not supported the case of the prosecution. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioners. 6. A perusal of the charge sheet material would go to show that there was a civil dispute between deceased and petitioners, who are direct brothers. It is in this background, petitioners had quarreled with the deceased on 14.07.2023 and - 4 - NC: 2025:KHC:15456 CRL.P No. 4506 of 2025 had assaulted him with deadly weapons and committed his murder. CW1 to CW7 are the alleged eye witnesses to the incident in question and they are all examined before the Trial Court. Except CW1, the other alleged eye witnesses are said to have not supported the case of the prosecution. Be that as it may, out of the 36 charge sheet witnesses cited in the present case, till date, only 8 witnesses have been examined as PW 1 to PW 8. Petitioners do not have any criminal antecedents and they are in custody from the last one year eight months. Since material charge sheet witnesses are already examined, there cannot be any apprehension that petitioners are likely to tamper with the material charge sheet witnesses. Considering the aforesaid aspects of the matter, I am of the opinion that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.74/2023 pending before the Court of Principal District and Sessions Judge, Kodagu, Madikeri, arising out of Crime No.115/2023 registered by Madikeri Rural Police - 5 - NC: 2025:KHC:15456 CRL.P No. 4506 of 2025 Station, Kodagu, for the offences punishable under Sections 302, 120B read with Section 34 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN