- 1 - HC-KAR NC: 2025:KHC-D:8198 CRL.P No. 101908 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101908 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: RAJENDRA @ RAJU NEPALI, S/O. MOHANSINGH RAVATH, AGED ABOUT 38 YEARS, R/O. ROOM NO.2 TRANSIT CAMP, TATA POWER HOUSE, BORIVILI EAST, MUMBAI. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: STATE OF KARNATAKA, S.H.O, OLD HUBBALLI P. S., REPRESENTED BY HCGP, HIGH COURT BUILDINGS, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO ENLARGE PETITIONER/ ACCUSED NO.14 ON BAIL IN CRIME NO.90/2020 OF OLD HUBBALLI P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 120(B), 302, 303, 201, 387, 506 R/W. 149 OF IPC AND SECTION 25 OF ARMS ACT, PENDING IN THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN S.C.NO.5062/2022 IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8198 CRL.P No. 101908 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Sirajuddin Ahmed., learned counsel for the petitioner and Smt. Kirtilata Patil., learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.14 has filed this petition under Section 439 of Cr.P.C, [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in S.C.No.5062/2022, pending on the file of learned I-Additional District and Sessions Judge, Dharwad sitting at Hubballi in connection with Old Hubballi P.S. Crime No.90/2020 for the offences punishable under Sections 143, 147, 148, 120(B), 302, 303, 201, 387, 506 read with Section 149 of IPC and Section 25 of the Arms Act, 1959. 3. Brief facts of the prosecution case is as under: On 06.08.2020, the first informant lodged complaint alleging that accused No.6 is a convicted prisoner - 3 - HC-KAR NC: 2025:KHC-D:8198 CRL.P No. 101908 of 2025 (presently he is on parole). When he was lodged in the Dharwad prison, he came into contact with deceased Irfan @ Fruit Irfan. At that time, accused No.5 was introduced by another prisoner named Swami. When accused No.6 came to Court, accused No.5 introduced accused No.1- Aftab Bepari to accused No.6. There was a dispute regarding Sy.No.394 for 6-acres 30-guntas of land belonging to CW.160/Mujeeb Ur Rahaman and same is pending before the Court for consideration. Hence, accused Nos.1 to 5 and 12 have assisted and provided weapon to accused Nos.7 to 10-sharp shooters at the instance of accused No.6. Thereafter, accused Nos.1 and 2 were at the spot on motorcycle and after the fire shot by accused Nos.7 to 10, they took their motorcycle from the spot and went away. Hence, the first informant lodged complaint, which led to registration of FIR and investigation. In turn, the Investigating Officer conducted investigation and filed charge-sheet. - 4 - HC-KAR NC: 2025:KHC-D:8198 CRL.P No. 101908 of 2025 4. Learned counsel for the petitioner contended that the petitioner is falsely implicated in the case; there is no overt-act alleged against him and nothing has been recovered from the petitioner; the only allegation is that he made criminal conspiracy with accused Nos.7 to 10 in commission of murder of the deceased. The trial Court has not framed charges and trial is not begun. The petitioner is in jail for more than 5 years and except accused Nos.7 to 10, all other accused are on bail. Hence, he prayed for allowing the petition on the ground of parity. 5. Per contra, learned High Court Government Pleader contended that the petitioner is involved in the offence under Section 302 of IPC; there is prima-facie case against him and if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail. Hence, prayed for rejection of the petition. - 5 - HC-KAR NC: 2025:KHC-D:8198 CRL.P No. 101908 of 2025 6. From perusal of the material available on record, the Investigating Officer has filed charge-sheet against the accused persons. The record reveals that accused Nos.1 to 5, 12 and 13 were on bail. As per the charge-sheet material, petitioner-accused No.14 made criminal conspiracy along with other accused persons and eliminated the deceased with the help of accused Nos.7 to 10-sharp shooters at the instance of accused No.6. 7. Learned counsel for the petitioner contended that the petitioner-accused No.14 is not previously convicted accused and he is not the habitual offender. This fact is not disputed by the learned HCGP. Further, the trial Court has not framed charges against the accused persons and trial is yet to begin. The petitioner-accused No.14 is in jail for a period of more than five years. 8. Considering the nature of allegation made against the petitioner, circumstances in which the offences are committed, position and status of the petitioner, his - 6 - HC-KAR NC: 2025:KHC-D:8198 CRL.P No. 101908 of 2025 likelihood of fleeing away from justice and tampering witnesses, character and antecedents of the petitioner tampering of the prosecution witnesses, more particularly, on the ground of parity also, the petitioner is entitled for grant of bail by imposing certain conditions. Hence, I pass the following: ORDER The petition filed under Section 439 of Cr.P.C, is allowed. The petitioner is ordered to be enlarged on bail in S.C.No.5062/2022, pending on the file of learned I-Additional District and Sessions Judge, Dharwad sitting at Hubballi in connection with Old Hubballi P.S. Crime No.90/2020, on he executing personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of learned Sessions Judge subject to following conditions; - 7 - HC-KAR NC: 2025:KHC-D:8198 CRL.P No. 101908 of 2025 i) The petitioner shall not tamper or threaten the complainant/prosecution witnesses in any manner. ii) The petitioner shall appear before the Court regularly without fail. iii) The petitioner shall not involve himself in similar or any other offences. iv) Violation of any of the above conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 26