- 1 - HC-KAR NC: 2025:KHC-D:15905 CRL.P No. 104353 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104353 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: BANGI HUSENI @ HUSENI S/O ALLAPPA, AGE: 34 YEARS, OCC: LABOURER, R/O: 1ST WARD NEAR ADEMMA MATA BAPUR VILLAGE, KAWTALAM MANDALAM KURNOOL- 518001, ANDHRA PRADESH. …PETITIONER (BY SRI. ANWAR BASHA B., ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HATCHOLLI P.S) BALLARI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD- 580001. …RESPONDENT (BY SRI. PRAVEEN Y. DEVAREDDIYAVAR, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO 1 ON REGULAR BAIL IN SC NO 30/2025 IN CONNECTION WITH CRIME NO 02/2025 REGISTERED BY HATCHOLLI PS FOR THE OFFENCES PUNISHABLE U/S 103 (1), 238, 61(2), 3(5) OF BNS. PENDING TRAIL OF THE SAID CASE BEFORE IIND ADDL DIST AND SESSION JUDGE BALLARI IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15905 CRL.P No. 104353 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.1 is before this Court seeking for grant of regular bail in Crime No.2/2025 of respondent Police Station for the offence under Sections 103 (1), 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Sri Anwar Basha B, learned counsel for the petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. Brief facts of the case: 3. The case of the prosecution is that, in furtherance of common intention to commit murder of the deceased for gain. It is alleged that, the petitioner had committed murder of the deceased. Initially a stranger to the incident has filed a complaint as the body was found in his land. A case was registered by the respondent police and they conducted investigation. After conducting investigation, submitted the charge sheet. - 3 - HC-KAR NC: 2025:KHC-D:15905 CRL.P No. 104353 of 2025 4. The submission of the learned counsel for the petitioner is that the entire case is based on circumstantial evidence. The last seen theory put forth by the prosecution is a concocted and fabricated story. The petitioner has not committed any offences as alleged in the charge sheet. Though, the recovery is stated to be effected at the instance of the petitioner, it does not contain the blood stain on the said ornaments. 5. It is further submitted that the petitioner is aged about 34 years and is working as a labour. The petitioner is a permanent resident of Bapur village. He may be enlarged on bail by imposing suitable conditions, he will abide by the conditions imposed by this Court. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent - State vehemently submitted that accused Nos.1 and 2 committed murder of the woman and took the gold ornaments and cash from her. The amount - 4 - HC-KAR NC: 2025:KHC-D:15905 CRL.P No. 104353 of 2025 and gold ornaments were recovered from accused no.1. The knife of which they used for commission of the said offence was also recovered. The last seen theory has been established by the evidence of CW3. If the petitioner is enlarged on bail, there may be chances of committing similar offence or threaten the prosecution witnesses. Hence, it is not appropriate to allow the bail petition is the contentions. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and also the charge sheet, it appears from the record that the entire case is based on circumstantial evidence. Though, it is alleged that, the petitioner had committed the murder of the deceased and stolen gold ornaments along with money, prima facie, the said recovery appears to be not supported by the independent witnesses. Hence, it is appropriate to consider the bail application. 8. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:15905 CRL.P No. 104353 of 2025 ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.2/2025 of respondent- Police, on executing personal bond in a sum of Rs.1,00,000/- with one surety 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 appear before the Trial Court on all hearing dates 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 List No.: 1 Sl No.: 43