- 1 - HC-KAR NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104188 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MUJAMMIL MAINUDDIN SATTIGERI, AGE. 23 YEARS, OCC. MECHANIC, R/O. GULAB SHAH GALLI, NEW GANDHI NAGAR, BELAGAVI, PIN CODE-590016. …PETITIONER (BY SRI. Z.M. HATTARKI AND SRI. ARZOO M.MULLA, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH MALAMARUTI, POLICE STATION, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO, GRANT A BAIL TO THE PETITIONER/ACCUSED, IN MALMARUTI POLICE STATION OF CRIME NO.98/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC WHICH IS PENDING ON THE FILE OF IXTH ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN SESSION CASE NO.147/2024, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is before this Court seeking bail in Crime No.98/2024 of respondent/Police for the offence punishable under Section 302 of Indian Penal Code, 18601. 2. Factual matrix of the case; It is the case of the prosecution that, the complainant was working as a Traffic Police Constable, filed a complaint stating that on 16.05.2024 around about 11:00 am, when he was working near Kanakadas Circle, near Mahantesh Nagar under Bridge, one person along with one women wearing burqa was coming on Royal Enfield motorcycle. It is further stated that the accused came on motorcycle and started quarrelling with the rider of the Royal Enfield motorcycle. 3. Immediately, the accused took screw driver and stabbed on the vital parts of the body of the rider of the 1 For short ’IPC’ - 3 - HC-KAR NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025 motorcycle. The complainant immediately got the injured shifted to the Hospital for treatment. However, the injured died in the said incident. 4. Based on the complaint, the respondent/Police registered a case, submitted the charge-sheet after conducting the investigation. 5. It is the submission of the learned counsel for the petitioner that the petitioner had no intention to commit the murder of the deceased, in fact, the incident had occurred due to sudden provocation. The deceased was roaming with the sister of the petitioner. Though, he was advised and warned on several occasions, the deceased had not stopped roaming with the sister of the petitioner. 6. It is further submitted that, as the petitioner had no intention of committing the murder of the deceased and the incident had occurred due to sudden provocation, he may be enlarged on bail by imposing suitable conditions. - 4 - HC-KAR NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025 7. Per contra, the learned High Court Government Pleader vehemently submitted that, the death is due to injuries sustained. The complainant is the eye-witness to the incident. CW.12 is also one of the eye-witness. The manner in which the petitioner had committed the offence would indicate its gravity. The incident occurred on the broad day light therefore, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. 8. Having considered the submissions of 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 the brother of CW.14, had warned the deceased that he should not roam with CW.14. However, the deceased was going along with CW.14. On seeing the said incident, the petitioner stopped them and started quarrelling with the deceased. In the said scuffle, he is stated to have stabbed the deceased with screw driver on the vital parts of the body. Consequently, the deceased died in the Hospital. - 5 - HC-KAR NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025 9. No doubt, the incident had occurred in the broad day light, the complainant is the eye-witness to the incident. However, the manner in which the incident had occurred would indicate that the petitioner is liable to be enlarged on bail. It is appropriate at this stage not to traverse the merit of the case. 10. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.98/2024 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; - 6 - HC-KAR NC: 2025:KHC-D:14997 CRL.P No. 104188 of 2025 a) The petitioner shall not involve in similar or in any other criminal cases till disposal of the present case. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. In case, if the petitioner violates any of the conditions enumerated above, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 16