- 1 - HC-KAR NC: 2025:KHC:20256 CRL.P No. 12650 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12650 OF 2024 BETWEEN: MR ABDUL RAHIMAN ALIS ADRAMA AGED ABOUT 41 YEARS, S/O D IBRAHIM RESIDING AT KOKKAPUNI HOUSE BOLANTHUR VILLAGE BANTWALA TALUK DAKSHINA KANNADA DISTRICT KARNATAKA-574222 …PETITIONER (BY SRI. VIKRAM RAJ A., ADVOCATE) AND: STATE OF KARNATAKA THROUGH BANTWAL RURAL POLICE STATION DAKSHINA KANNADA DISTRICT REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN SC.NO.52/2023, FOR THE OFFENCE P/U/S 302 AND 201 OF IPC, PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANGALURU, WHICH IS REGISTERED IN PURSUANCE OF CR.NO.82/2022 OF BANTWAL RURAL P.S., BY THE RESPONDENT POLICE AND ETC. Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20256 CRL.P No. 12650 of 2024 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.52/2023 pending before the Court of I Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, arising out of Crime No.172/2022 registered by Vitla Police Station, Dakshina Kannada for offences punishable under Sections 302 and 201 of IPC is 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.172/2022 registered by the Vitla Police Statin, Dakshina Kannada District based on the first information dated 08.11.2022 received from Sulaiman S/o. Abdula father of deceased Abdul Samad, who allegedly was found missing from the date of registration of FIR. Subsequently, the dead body of Abdul Samad was discovered and the petitioner herein was arrested in the present case on 09.11.2022. The investigation in the case is completed and the charge sheet has been filed against the petitioner for the - 3 - HC-KAR NC: 2025:KHC:20256 CRL.P No. 12650 of 2024 aforesaid offences. The bail application filed before the Sessions Court in S.C.No.52/2023 was rejected on 14.06.2023. Therefore, petitioner is before this Court. 4. The learned counsel for the petitioner submits that the entire case of the prosecution is based on circumstantial evidence. Till date, five witnesses have been examined out of the 35 charge sheet witnesses cited in the present case. The petitioner who has no other criminal antecedents is in custody for last more than two and half years. Accordingly, he prays to allow the petition. 5. Per contra, the learned HCGP has opposed the application and submits that material charge sheet witnesses are yet to be examined. Accordingly, he prays to dismiss the petition. 6. The first informant had approached the police on 08.11.2022 alleging that his son Abdul Samad, who had gone to meet the petitioner herein on 07.11.2022 had not returned home and his whereabouts were not traced. Based on the first information submitted by the father of the deceased Abdul - 4 - HC-KAR NC: 2025:KHC:20256 CRL.P No. 12650 of 2024 Samad, FIR was registered in Crime No.172/2022 and during the course of investigation, dead body of the deceased was discovered and the petitioner was arrested in the case on 09.11.2022. After completing investigation, the charge sheet has been filed against the petitioner for the aforesaid offences. In the charge sheet, it is held that the petitioner and Abdul Samad were close friends and subsequently, there was some difference of opinion between them. Therefore, the petitioner had ill-will against the deceased and he decided to commit the murder of Abdul Samad. On 01.11.2022, he had purchased five liters of kerosene from a shop and thereafter, he took Abdul Samad along with him in a Auto rickshaw bearing registration No.KA-70/1400 to a isolated place, near property bearing Sy.No.83/07 of Hirepadavu, Cheluru Village, Ullal Taluk. At about 8.30 p.m., when Abdul Samad fell asleep, the petitioner allegedly poured kerosene on him and lit fire and thereby committed his murder. The entire case of the prosecution is based on circumstantial evidence. The petitioner has no other criminal antecedents. He is in custody from 09.11.2022 onwards. Out of the 35 charge sheet witnesses, only five witnesses have examined in the case till date as - 5 - HC-KAR NC: 2025:KHC:20256 CRL.P No. 12650 of 2024 PWs.1 to 5. Therefore, the chances of the trial being completed in the near future is very remote. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioner's prayer for grant of bail is required to be answered affirmatively. Accordingly, I pass the following order:- ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.172/2022 of Vitla Police Station, Dakshina Kannada, Mangaluru, registered for the offences punishable under Sections 302 and 201 of the IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 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; - 6 - HC-KAR NC: 2025:KHC:20256 CRL.P No. 12650 of 2024 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 him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KG List No.: 1 Sl No.: 36