- 1 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.102267 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: IZAJAHMED KHAJASAB BANKAPUR S/O. KHAJASAB BANKAPUR, AGE: 44 YEARS, OCC. KSRTC DRIVER, R/O. MANTUR ROAD, SHEELA COLONY, HUBBALLI, DHARWAD DISTRICT-580024. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH HUBBALLI TOWN P.S.), R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC NO.5005/2021 IN CONNECTION WITH CR.NO.65/2020 REGISTERED IN HUBBALLI TOWN POLICE STATION, FOR THE OFFENCES UNDER SECTIONS 302, 506, 120B R/W. SECTION 34 OF IPC, PENDING BEFORE V ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:37:05 +0530 - 2 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Smt.Umme Salma, learned counsel for the petitioner and Smt.Girija Hiremath, learned High Court Government Pleader for respondent-State and Sri.Ramesh Chigari, learned counsel for the complainant. 2. Petition under Section 439 of the Criminal Procedure Code (for short, ‘the Cr.P.C,’) with the following prayer: “To allow this petition and enlarge the Petitioner/Accused No.1 on bail in Sc No.5005/2021 in connection with Cr.No.65/2020 registered in Hubballi town Police Station, for the offences under Sections 302, 506, 120B read with Section 34 of IPC, pending before V Additional District and Sessions Judge, Dharwad sitting at Hubballi.” 3. Facts in a nutshell for disposal of the revision petition are as under: - 3 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 Sri.Ganapati Habib S/o vasantsa, lodged a complaint with Hubli Town Police Station in Crime No.65/2020 on 25.11.2020 for the offence punishable under Sections 302 and 506 of the Indian Penal Code ( for short ‘the IPC’). 4. Gist of the complaint averments would reveal that in respect of the property in Gabbur village bearing CTS No.112/1, there was dispute as few people had approached the said land and were constructing the houses and factories without any title. In that regard, there was ill-will developed against the relative of the complainant. When the matter stood thus, on 25.11.2020 when he had been too Allahabad bank for attending some transaction, his uncle by name Ramesh Madhusa Bhandage was speaking to somebody, after parking his two wheeler. 5. At that juncture, unknown persons aged about 35-45 years, all of a sudden appeared on the scene and took out a knife and started stabbing on the uncle of the complainant on almost all vital parts of the body. There - 4 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 was an injury on the head, neck, chest, and on the shoulder. On seeing this, Nagaraja Miskin who was resident of the same place appeared on the scene and tried to pacify the quarrel and rescued the uncle of the complainant. At that juncture, the said unknown person started to assault Nagaraja Miskin as well with a knife and then run away from the spot. Uncle of the complainant fell down in a pool of blood and he was shifted to KIMS hospital Hubli. The doctor who examined said Ramesh Madhusa Bhandage, declared that he was brought dead. 6. Police after registering the case in Crime No.65/2020 against unknown person and conducted the detailed investigation and filed charge sheet not only against the present petitioner, but also few other accused persons. 7. Request of the petitioner for grant of bail is rejected by the learned District Judge in S.C.No.5005/2021. Thereafter, petitioner is before this Court, who is arranged as accused No.1 in the said Sessions Case. - 5 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 8. Smt.Umme Salma, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently, contended that admittedly, case came to be filed against unknown persons. Therefore, hardly there is an nexus between the incident and the accused persons and they have been falsely implicated in the case and sought for grant of bail. 9. She would further emphasized that other accused persons have been granted bail and since the registration of the complaint, accused in custody and therefore, sought for grant of bail. 10. She also contended that on medical grounds, petitioner is entitled to be enlarged on bail. 11. Per contra Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State opposes the bail grounds by contending that trial has already commenced. She has further argued that eye witness to the incident namely the complainant as well as other witnesses have supported the case of prosecution and prima facie material and incriminatory materials are - 6 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 already on record and thus, sought for rejection of the bail. 12. Sri.Ramesh Chigari, learned counsel for the complainant would support the contention urged on behalf of the representing the de facto complainant supports the argument put forth on behalf of the learned High Court Government Pleader for respondent-State in opposing the bail grounds. 13. Having heard the arguments of both sides, this court perused the material on record meticulously. 14. It is settled principles of law and requires no emphasis that at the time of considering the bail request, Courts are precluded from holding a mini trial to assess the merits or demerits of the case. 15. Since trial has already commenced and complainant-eye witness has already been examined who has supported the case of the prosecution in toto by deposing before the Court with graphic details as to what transpired the place of incident including identifying the petitioner as a assailant in the incident, expressing any - 7 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 further opinion on the merits of the matter is not required in the attendant facts and circumstances of the case. 16. There is direct nexus between incident and the petitioner from the material available on record. Motive is also spoken to by the complainant which is a civil dispute in respect of land in Gabbur village. 17. Taking note of these aspects of the matter, this Court is of the considered opinion that petitioner is not entitled for grant of bail, especially having regard to the fact that as many as 12 external injuries are noted by the autopsy surgeon in the post mortem report. Gravity of the offence is so high that no discretionary power can be exercised in favour of the petitioner. 18. Further, ground of parity would not be available to the petitioner in as much as the specific overtacts that are alleged and deposed before the Court by the complainant is altogether different from the persons who have been granted bail. 19. Lastly, medical ground urged on behalf of the petitioner would not also merit for consideration in the - 8 - NC: 2025:KHC-D:6468 CRL.P No. 102267 of 2024 absence of any medical report, nor any serious health conditions which would compel the Court to consider the bail request. 20. Thus viewed from angle, petition is bereft of merits at least at this stage. 21. Accordingly, following order is passed: ORDER Criminal Petition is rejected. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 1 SL NO.: 3