- 1 - HC-KAR NC: 2025:KHC-D:15803 CRL.P No. 104563 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104563 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. KHWAZABANDENAWAZ S/O. SADARUDDIN SHIRHATTI @ MALLIK, AGE. 20 YEARS, OCC. MASON, R/O. KAMPLI BASAVESHWAR NAGAR, HEBBALLI FARM, DHARWAD-580001. …PETITIONER (BY SRI. MAQBOOLAHAMED M.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD SUB-URBAN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-11. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE CRIMINAL PETITION AND ENLARGE THE PETITIONERS ON REGULAR BAIL IN DHARWAD SUB-URBAN P.S. CRIME NO.125/2025 WHICH IS CHARGE SHEETED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 118(2), 126(2), 333, 351(2), 352, R/W 3(5) OF THE BNS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND PRINCIPAL JMFC DHARWAD, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15803 CRL.P No. 104563 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner who is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.125/2025 of respondent/Police for the offence punishable under Sections 118(2), 126(2), 333, 352, 351(2) and 103(1) r/w. Section 3(5) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case: 2. The case of the prosecution is that, the complainant was residing with his brother namely Raghavendra in his house and he was doing masonry work and his brother was driver. It is stated that, the complainant had borrowed a loan of Rs.20,000/- from accused No.1 who is the petitioner herein. The petitioner was demanding to repay the said amount and the 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:15803 CRL.P No. 104563 of 2025 complainant had paid the half of the amount on 10.07.2025 at about 3:30 PM. 3. It is further stated that, the complainant had received a call from his brother and he was informed that, the accused were demanding the money by abusing him in a filthy language. The brother of the complainant further informed that, he was being assaulted with knife by the accused. On receiving the said information, the complainant left his work and went to his house and saw that, his brother was lying on the floor with pool of blood. The injured was shifted to Hospital. However, he was died in the Hospital 4. The complainant lodged a complaint against the accused No.1 and others. The respondent/Police after conducting investigation, submitted the charge sheet. 5. Heard Sri.Maqboolahmed M.Patil, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. - 4 - HC-KAR NC: 2025:KHC-D:15803 CRL.P No. 104563 of 2025 6. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of alleged offence and he has been falsely implicated in this case. Though, the averments made in the said complaint that, the deceased was being beaten by the petitioner, in the charge-sheet the CDR has not been filed. 7. It is further submitted that, none of the independent witnesses has spoken about the incident. Though, the Investigating Officer cited CW.12 and CW.13 as eye-witnesses, in fact, they are not the eye-witnesses to the incident. They may be considered as witnesses to the last scene theory. The entire case is based on the circumstantial evidence. 8. The petitioner is aged about 20 years and he is the earning member of the family and he is the permanent resident of Kampli Basaveshwar Nagar, Hebballi Farm, Dharwad. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:15803 CRL.P No. 104563 of 2025 9. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the CW.12 being an eye-witness to last scene theory was very much present at the spot along with the deceased. 10. It is further submitted that, the complainant had received a phone call from the deceased and he had received the message regarding the incident. The deceased had named accused No.1 and others. Therefore, it is not appropriate to grant him bail. 11. Having heard the learned counsel for the respective parties and also perused the averments of the charge-sheet, it appears from the records that, the entire case is based on the circumstantial evidence. It appears that, the CW.12 is the witness to the last scene theory. According to CW.12, the accused and others called the deceased and took along with them. Thereafter, the deceased died on account of the injury sustained to him. 12. Though, the complainant is stated to have received an information regarding the assault, the - 6 - HC-KAR NC: 2025:KHC-D:15803 CRL.P No. 104563 of 2025 complainant did not mentioned the names of other two accused in the FIR. Having considered the inconsistencies in the averments of the complaint and the FIR, it is appropriate to grant bail by imposing suitable conditions. 13. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.125/2025 of respondent/Police, on executing personal bond for 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. - 7 - HC-KAR NC: 2025:KHC-D:15803 CRL.P No. 104563 of 2025 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not commit any criminal cases till disposal of the case. 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 PJ/CT: UMD List No.: 1 Sl No.: 32