- 1 - HC-KAR NC: 2025:KHC-D:16528 CRL.P No. 104341 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104341 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SAYEED @ SAIDU S/O. ALTAF SAYYAD @ SAIYAD, AGE. 26 YEARS, OCC. MASON, R/O. SAGAR NAGAR, KUDACHI, TAL. RAIBAG, DIST. BELAGAVI, PIN CODE-591311. …PETITIONER (BY SRI. Z.M. HATTARKI, ADVOCATE AND SRI. ARZOO M.MULLA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KUDACHI, POLICE STATION, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO GRANT A BAIL TO THE PETITIONER/ACCUSED NO.2, IN KUDACHI POLICE STATION OF CRIME NO.89/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49, 352, 351(3), 103(1), 3(5) OF BNS, 2023 WHICH IS PENDING ON THE FILE OF VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI IN SESSION CASE NO.5096/2025 AND ETC. 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:16528 CRL.P No. 104341 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This petition is filed by the petitioner who is arrayed as accused No.2 seeking grant of bail in Crime No.89/2025 for the offences punishable under Section 49, 352, 351(3), 103(1) read with 3(5) of BNS, 2023. Factual matrix of the case: 2. The case of the prosecution is that the complainant who is the mother of the deceased has stated in her complaint that her son went out of the house around 09.30 p.m. stating that he would be returned shortly, to have dinner. However, he did not return home even till, 11.00 p.m. It is stated that the complainant called her son over a mobile phone. However, it was switched off. After sometime, she was informed that her son was murdered and the dead body was lying near Anganwadi compound at Sagarnagar. 3. It is further stated that the complainant went to the spot along with the relatives and saw the dead body and thereafter, lodged a complaint against accused Nos.1 to 3. The - 3 - HC-KAR NC: 2025:KHC-D:16528 CRL.P No. 104341 of 2025 respondent-Police after registering the case in Cr.No.89/2025, conducted investigation and submitted the charge-sheet against the petitioner and the others for the aforesaid offences. 4. Heard learned counsel Sri. Z.M.Hattarki and Sri. Arzoo M. Mulla, appearing for the petitioner and learned High Court Government Pleader Sri. Jairam Siddi, appearing for the respondent. 5. It is the submission of learned counsel for the petitioner that the entire case is based on circumstantial evidence. Though, the name of the petitioner has found in the FIR, the complainant on suspecting the involvement of the petitioner and others, impleaded their names in the complaint. 6. It is further stated that nothing has been recovered at the instance of the petitioner. The petitioner is aged about 26 years and he is working as a mason and also he is the sole earning member of his family and also, he is the permanent resident of Sagarnagar, Kudachi, Raibag Taluk, Belagavi District. He will abide the conditions imposed by this Court in the event of his release on bail. - 4 - HC-KAR NC: 2025:KHC-D:16528 CRL.P No. 104341 of 2025 7. Per Contra, learned High Court Government Pleader for respondent - State vehemently, submitted that the petitioner had instigated accused No. 1 to stab the deceased as per the records and also as per the investigation. The averments of the complaint would indicate that there was a previous enmity between the petitioner and others with the deceased, as a result of which it is stated that they had committed his murder. The Investigating Officer collected the materials against the petitioner and submitted the charge sheet. Such being the position, it is not appropriate to grant him bail as the petitioner has committed heinous offence. Making such submission, the learned High Court Government Pleader prays to reject the petition. 8. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint and charge-sheet, it appears from the records that a complaint came to be registered by the complainant who is none other than the mother of the deceased. However, the entire case is based on circumstantial evidence. Though, it is stated in the charge-sheet that the petitioner instigated accused No.1 to commit murder of - 5 - HC-KAR NC: 2025:KHC-D:16528 CRL.P No. 104341 of 2025 the deceased on account of previous enmity, the said aspect has been highlighted in the charge-sheet on the basis of the voluntary statement of the accused. Therefore, it is appropriate to grant him bail without adverting the merits of the case. Accordingly, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The petitioner is enlarged on bail in Crime No.89/2025 of respondent-Police on executing the personal bond for a sum of Rs.2,00,000/- with two sureties to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall appear before the Trial Court on all hearing dates, without fail. iv. The petitioner shall not threaten the prosecution witnesses. - 6 - HC-KAR NC: 2025:KHC-D:16528 CRL.P No. 104341 of 2025 In case, if the petitioner violates any of the conditions enumerated above, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE NM/JS List No.: 1 Sl No.: 20