- 1 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103506 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103506 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MUSTAQ AHAMAD HUSSAIN SHAIKH, AGE. 35 YEARS, OCC. DRIVER, R/AT: NEAR BASHUBAN MASZID, MARUTI NAGAR DANDELI, TQ. HALIYAL, DIST. UTTARA KANNADA-581 325. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, KARWAR TOWN POLICE STATION, UTTARA KANNADA, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN KARWAR TOWN POLICE STATION CRIME NO.141/2018 PENDING ON THE FILE OF 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, AT: KARWAR, IN SC NO.10/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 364, 302, 201, 202, 212, 109, 120B R/W 34 OF IPC 1860, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103506 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in S.C.No.10 of 2019 pending before the Court of II Additional District and Sessions Judge, Uttara Kannada at Karwar, arising out of Crime No.141 of 2018 registered by Karwar Town Police Station, Karwar Circle, Uttara Kannada for the offences punishable under Sections 364, 302, 201, 202, 212, 109, 120B read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 439 of the Cr.P.C. read with Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.141 of 2018 registered by Karwar Town Police Station, Karwar Circle, Uttara Kannada District on 21.10.2018 against accused Nos.1 and 2 for the offence punishable under Section 365 read with Section 34 of the IPC, after the deceased Premkumar, who was the - 3 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103506 of 2025 son-in-law of the first informant, was found missing. During the course of investigation, the petitioner herein was arrested on 23.10.2022. After completing the investigation, charge sheet has been filed against five persons for the aforesaid offences and the petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had filed Criminal Petition No.101077/2020 before this Court, which was rejected on 01.10.2010. Thereafter, he had filed Criminal Petition No.101227 of 2021, which was also dismissed by the Coordinate Bench of this Court by order dated 17.07.2022. Subsequently, he has filed a fresh bail application before the trial Court in S.C. No.10 of 2019, which was dismissed on 24.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner and accused no.3 were arrested on the same day. Allegation against petitioner and accused no.3 is similar. Accused no.3 has been granted regular bail by this Court in - 4 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103506 of 2025 Criminal Petition No.103018 of 2025 disposed of on 21.08.2025 taking into consideration the period of his incarceration. Undisputedly, petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 6. According to the charge sheet allegation, accused No.1 had some business rivalry with Premkumar, who is the deceased in the present case and therefore, he had approached the petitioner with a proposal to eliminate Premkumar. Petitioner thereafter contacted accused no.3 and on 16.10.2019, petitioner brought deceased Premkumar along with him in a car, with a proposal of supplying ganja to him. Accused No.3 allegedly followed the car in which petitioner and Premkumar were travelling. When the car reached a forest area, on the pretext that while going to meet the persons who are supplying ganja, - 5 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103506 of 2025 the eyes of the strangers should be covered, accused no.3 tied the eyes of deceased Premakumar and thereafter, accused nos.2 and 3 allegedly assaulted Premkumar with deadly weapons and committed his murder. Undisputedly, petitioner has no other criminal antecedents. The entire case of the prosecution is based on circumstantial evidence. Allegation against petitioner and accused no.3 are similar in the charge sheet. Successive bail application filed by accused no.3 has been allowed by this Court in Criminal Petition No.103018 of 2025, taking into consideration that he was in custody for a period of 6 years 10 months. 7. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh Vs. State of Maharashtra1 held in paragraph No. 17, has observed as follows: “17. If the State of any prosecuting agency including the Court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any 1 (2024) 9 SCC 813 - 6 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103506 of 2025 other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime.” 8. The prosecution has examined only 36 charge sheet witnesses out of the 69 charge sheet witnesses cited in the present case. Petitioner and accused no.3 were arrested on the same day and the allegation against them in the charge sheet is identical. Petitioner is in custody for the last more than 6 years 10 months. Therefore, I am of the opinion that petitioner is entitled for bail on the ground of parity. Accordingly, the following: ORDER (i) The Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C. No.10 of 2019 pending before the Court of 2nd Additional District and Sessions Judge, Uttara Kannada at Karwar, arising out of Crime No. 141 of 2018 registered by Karwar Town Police Station, Karwar Circle, Uttara Kannada for the offences punishable under Sections 364, 302, 201, - 7 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103506 of 2025 202, 212, 109, 120B read with Section 34 of IPC, subject to the following conditions: (a) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum 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; (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 VMB, CT:BCK