- 1 - HC-KAR NC: 2025:KHC-D:10608 CRL.P No. 103097 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103097 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SULEMAN S/O NAZEER AHMAD BALLARI, AGE. 27 YEARS, OCC. WELDING WORK, R/O. NOORANI PLOT, NEKAR NAGAR, NEAR MANTTOR ROAD, GURUNANAK COLONY, HUBBALLI-580 024. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH BENDIGERI PS HUBBALLI), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT 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), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC NO.5040/2025 IN CONNECTION WITH CRIME NO.162/2024 REGISTERED IN BENDIGERI PS HUBBALLI FOR THE OFFENCES UNDER SECTIONS 103(1), 61(2) (A) R/W 3(5) OF BNS PENDING BEFORE IST ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI, 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:10608 CRL.P No. 103097 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.5040 of 2025 pending before the Court of I Additional District and Sessions Judge, Dharwad sitting at Hubballi arising out of Crime No.162 of 2024 registered by Bendigeri Police Station, Hubballi-Dharwad for offences punishable under Sections 103(1), 61(2)(a) read with Section 3(5) of BNS 2023, is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.162 of 2024 was registered by Bendigeri Police Station, Hubballi-Dharwad initially for offence punishable under Section 103(1) of BNS 2023 against the petitioner and others based on the first information dated 27.12.2024 received from Angel Mubbu, wife of deceased Samuel George Mubbu. During the course of investigation, petitioner herein was arrested on 29.12.2024. After completing investigation, charge sheet - 3 - HC-KAR NC: 2025:KHC-D:10608 CRL.P No. 103097 of 2025 has been filed against 4 persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the trial Court in S.C.No.5040 of 2025 was rejected on 24.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegation against accused Nos.1 to 3 are similar in the charge sheet. Undisputedly, petitioner has no criminal antecedents. Entire case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has proposed the petition. She submits that petitioner is the person who had taken the deceased along with him to the alleged spot of crime. Therefore, even though allegation as against petitioner and accused Nos.2 and 3 are similar, he cannot be enlarged on bail. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC-D:10608 CRL.P No. 103097 of 2025 6. In the first information, which is submitted by the wife of deceased Samuel George, it is mentioned that on 26.12.2024, Samuel and his business partner Suleman, who is the petitioner herein, had together gone out and at about 07.00 p.m. petitioner had called the first informant and informed her that he along with others had committed the murder of Samuel and threatened her with dire consequences if she informs the same to anybody. It is under these circumstances, FIR was registered against the petitioner and others for offence punishable under Section 103(1) of BNS 2023. During the course of investigation, petitioner and other accused were arrested on 29.12.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against 4 persons and petitioner is arrayed as accused No.1 in the charge sheet. 7. As per the charge sheet allegation, petitioner who was the business partner of deceased, allegedly had facilitated a loan of ₹12,00,000/- from accused Nos.2 and - 5 - HC-KAR NC: 2025:KHC-D:10608 CRL.P No. 103097 of 2025 3 and the deceased, who had borrowed the said amount, had failed to repay the same to accused Nos.2 and 3. It is alleged that therefore, accused persons allegedly conspired to commit the murder of deceased Samuel George and on 26.12.2024 accused Nos.1 to 3 threw chilli powder on the face of Samuel George and thereafter assaulted him with an iron pipe which was provided by accused No.4 and committed his murder. Allegation of assaulting deceased Samuel George with an iron pipe at the spot of crime is found against accused Nos.1 to 3 in the charge sheet. Entire case of the prosecution is based on circumstantial evidence. Accused Nos.2 and 3 have been granted bail in the present case by the Jurisdictional Sessions Court. Undisputedly, petitioner has no other criminal antecedents and allegation against him as well as accused Nos.2 and 3, who have been granted regular bail by the Jurisdictional Sessions Court, are similar in the charge sheet. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of - 6 - HC-KAR NC: 2025:KHC-D:10608 CRL.P No. 103097 of 2025 regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5040 of 2025 pending before the Court of I Additional District and Sessions Judge, Dharwad sitting at Hubballi arising out of Crime No.162 of 2024 registered by Bendigeri Police Station, Hubballi-Dharwad for offences punishable under Sections 103(1), 61(2)(a) read with Section 3(5) of BNS 2023, subject to the following conditions: 1. 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; 2. 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; - 7 - HC-KAR NC: 2025:KHC-D:10608 CRL.P No. 103097 of 2025 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. 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.: 25