- 1 - HC-KAR NC: 2025:KHC-D:10066 CRL.P No. 102856 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102856 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. IBRAHIM S/O. MADARSAB ELIGER, AGE. 24 YEARS, OCC. JCB OPERATOR, R/O. WARD NO.15, NEAR HARANAKODI SCHOOL, MUGALAKHOD, TQ. RAYABAG, DIST. BELAGAVI. … PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KUSHTAGI P.S., R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT HIM REGULAR BAIL IN THE CRIME NO.171/2024 OF KUSHTAGI POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 238(B), 3(5) OF BNS PENDING BEFORE PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL IN S.C. NO.10/2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10066 CRL.P No. 102856 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in S.C.No.10/2025 pending before the Court of Principal District and Sessions Court, Koppal arising out of Crime No.171/2024 registered by Kushtagi Police Station, Koppal for the offences punishable under Sections 103, 238(b) read with Section 3(5) of the Bharatiya Nyaya Sanhita 2023 (BNS 2023), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.171/2024 was registered by Kushtagi Police Station, Koppal initially for the offences punishable under Sections 103 and 328(b) of BNS 2023 against unknown persons based on the first information dated 30.09.2024 received from Shivappa Basappa Maski, who is the father of deceased Sharanappa Shivappa Maski. During the course of investigation, the petitioner herein was arrested on 04.10.2024. After completing - 3 - HC-KAR NC: 2025:KHC-D:10066 CRL.P No. 102856 of 2025 investigation, charge sheet has been filed against two persons and the petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.22/2025 was rejected on 22.052.2025. Therefore, he is before this Court. 4. FIR in the present case was registered against unknown persons after the dead body of deceased Sharanappa Shivappa Maski, which was half burnt, was recovered based on the first information submitted by his father. During the course of investigation, accused Nos.1 and 2 were arrested on 04.10.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. As per the charge sheet allegations, accused No.1, who is a widow, had illicit relationship with deceased Sharanappa. Subsequently she had developed intimacy with accused No.2. It is alleged that after coming to know about the same, deceased had - 4 - HC-KAR NC: 2025:KHC-D:10066 CRL.P No. 102856 of 2025 forwarded some private photos of accused No.1 to her mobile phone and therefore accused No.1 had ill-will against him. Accused Nos.1 and 2 thereafter conspired to commit the murder of deceased and on the intervening night of 29.09.2024 and 30.09.2024, accused Nos.1 and 2 had gone to the house of deceased and at about 3.00 a.m., they had quarreled with the deceased who was sleeping in his house and thereafter committed his murder by assaulting him. Subsequently, they had poured kerosene on the body of the deceased and had tried to burn the same. The entire case of the prosecution is based on circumstantial evidence. Accused No.1, who was arrested along with the petitioner, has been granted regular bail by the Coordinate Bench of this Court in Criminal Petition No.101808/2025, disposed off on 25.06.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:10066 CRL.P No. 102856 of 2025 ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.10/2025 pending before the Court of Principal District and Sessions Court, Koppal arising out of Crime No.171/2024 registered by Kushtagi Police Station, Koppal for the offences punishable under Sections 103, 238(b) read with Section 3(5) of the Bharatiya Nyaya Sanhita 2023 (BNS 2023), subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC-D:10066 CRL.P No. 102856 of 2025 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; 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 Kgk /CT:BCK LIST NO.: 1 SL NO.: 6