- 1 - HC-KAR NC: 2025:KHC-D:16754 CRL.P No. 103147 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103147 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: NAVANATH S/O. ARJUN DOLERS, AGED ABOUT 35 YEARS, R/O. 118, KUBRA, MEETHA GHAR, RAMAMATAVADI, WADALA EAST, MUMBAI-400037. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: STATE OF KARNATAKA, BY OLD HUBLI POLICE STATION, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. …RESPONDENT (BY SRI. M.B. GUNDAWADE, ADDL. SPP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE PETITIONER/ACCUSED NO.10 ON BAIL IN SC.5062/2022 ARISING OUT OF CR.NO.90/2020, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 120(B), 302, 303, 201, 387, 506, R/W 149 OF IPC AND 25 OF ARMS ACT OF OLD HUBLI P.S. PENDING BEFORE THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:16754 CRL.P No. 103147 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.90/2020, of respondent police, for the offences punishable under sections 143, 147, 148, 120(b), 302, 303, 201, 387, 506, r/w 149 of IPC and 25 of Arms Act, pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi. Brief facts of the case: 1. The case of the prosecution is that accused No.6 was serving sentence as a prisoner in Mysure central prison. He was shifted to Dharwad prison, there he came into contact Irfan @ fruit Irfan. Accused No.5 was introduced another prison namely Swami. The said accused No.5 has introduced to accused No.1. It is stated that there was dispute in respect of Sy.No.394 measuring 6 acres 30 gunts of land belonging to Mujeeb Ur Rahman. The accused No.5 introduced Mujeeb Ur Rahman to accused No.6 to solve the - 3 - HC-KAR NC: 2025:KHC-D:16754 CRL.P No. 103147 of 2025 dispute stating that the deceased had illegally acquired the disputed land. 2. Accused No.6 gave assurance to CW-160 that the deceased is known to him and he will solve the issue. At the same time accused No.1 and accused No.5 informed accused No.6 that deceased Irfan was collecting Hafta in the name of accused No.6. Accused No.1, 5 and 6 called deceased over phone demanded him pay Rs.25 lakhs. However, the same was denied by the deceased and insulted accused No.6. 3. It is stated that accused No.5 became angry against the Irfan and decided to kill him and conspiracy with accused. In furtherance of said conspiracy, all the accused have contributed their respective roll in committing murder of deceased Irfan @ fruit Irfan. 4. On the basis of the complaint, FIR came to be registered by the respondent police, after conducting the investigation, submitted the charge sheet. - 4 - HC-KAR NC: 2025:KHC-D:16754 CRL.P No. 103147 of 2025 5. The submission of the leaned counsel for the petitioner is that the petitioner is arrayed accused No.10, is in judicial custody from 5 years. No specific overt act is attributed against the petitioner. Though is it successive bail petition, the object of securing the speedy trial as not been followed. 6. It is further submitted that the bail is rule and jail in an exception has to be considered at the time of considering of the bail application. Accused Nos.1 to 5 already enlarged on bail. The Hon’ble Supreme Court time and again reiterated that if a person in judicial custody for considerable length of time, if trial is not yet commenced, under such circumstance, the Courts are liberal in granting the relief of bail. Making such submission leaned counsel for the petitioner prays to allow the petitioner. 7. Per contra, learned Additional SPP filed statement of objections stating that accused No.10 was presented at the place where the incident occurred. The CCTV footage would indicate that the present petitioner was - 5 - HC-KAR NC: 2025:KHC-D:16754 CRL.P No. 103147 of 2025 present and he is also part of the team. As the present case is sensitive in the locality and sharp shooters have shot dead the deceased, it is not appropriate to grant bail to the present petitioner. Making such submissions prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it is stated that the accused No.10 is also part of the team in which the deceased was killed. 9. The learned counsel for the petitioner concentrated on the petitioner is in judicial custody since 5 years, no progress in the trial. Therefore, a bail is rule and jail is exception, there is gross violation of article 21 of Indian Constitution is concerned. On going through the facts of the case and also the record it appears that the submission of the learned counsel for the petitioner as to be accepted for the purpose of the granting bail. 10. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:16754 CRL.P No. 103147 of 2025 ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.90/2020, of respondent police, for the offences punishable under sections 143, 147, 148, 120(b), 302, 303, 201, 387, 506, r/w 149 of IPC and 25 of Arms Act, pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, on executing personal bond in a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall mark his attendance in the jurisdictional police once in 15 days on Sunday between 10.00 am to 5.00 pm. - 7 - HC-KAR NC: 2025:KHC-D:16754 CRL.P No. 103147 of 2025 v. The petitioner shall appear before the Trial Court on all dates of hearing without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE VMB/CT: UMD List No.: 1 Sl No.: 4