- 1 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103018 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHAFI S/O ANWAR SAYED, AGE. 33 YEARS, OCC. DRIVER, R/AT. NEAR BASHUBAN MASZID, MARUTI NAGAR, DANDELI, TQ. HALIYAL, DIST. UTTARA KANNADA-581 325. … PETITIONER (BY SRI. G.H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, KARWAR TOWN POLICE STATION, UTTARA KANNADA, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN SC NO.10/2019 PENDING ON THE FILE OF 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, AT: KARWAR, ACT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 364, 302, 201, 202, 212, 109, 120B R/W 34 OF IPC 1860, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 in S.C. No.10 of 2019 pending before the Court of 2nd Additional District and Sessions Judge, Uttara Kannada at Karwar, arising out of Crime No.141 of 2018 registered by Karwar Town Police Station, Karwar Circle, Uttara Kannada for the offences punishable under Sections 364, 302, 201, 202, 212, 109, 120B read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 439 of the Cr.P.C. read with Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No. 141 of 2018 registered by Karwar Town Police Station, Karwar Circle, Uttara Kannada District on 21.10.2018 against accused Nos.1 and 2 for the offence punishable under Section 365 read with Section 34 of the IPC, after the deceased Premkumar, who is the son- - 3 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 in-law of the first informant, was found missing. During the course of investigation, the petitioner herein was arrested on 23.10.2022. After completing the investigation, charge sheet has been filed against five persons for the aforesaid offences and the petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had filed Criminal Petition No.101051/2020 before this Court, which was dismissed on merits by the Coordinate Bench of this Court on 28.01.2021. Thereafter, he had filed Criminal Petition No.101680 of 2022, which was also dismissed by the Coordinate Bench of this Court by order dated 21.06.2022. Subsequently, he has filed a fresh bail application before the trial Court in S.C. No.10 of 2019, which was dismissed on 24.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner who has no other criminal antecedent is in - 4 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 custody for the last nearly seven years. The entire case of the prosecution is based on a circumstantial evidence. Out of the 69 charge sheet witnesses, 31 charge sheet witnesses including the material charge sheet witnesses are already examined before the trial Court. Accused Nos.1, 4 and 5 have been already released on bail in the present case. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that the petitioner's earlier bail applications have been rejected on merits and there is no change in circumstance in the present case. Merely for the reason that the material charge sheet witnesses are examined, he cannot be enlarged on bail. According, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that on 21.10.2018, the first informant who is the father-in-law of the deceased Premkumar, had approached the Karwar Town Police Station and submitted first - 5 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 information against accused Nos.1 and 2 alleging that his son-in-law Premkumar was kidnapped by them. It is under these circumstances, initially FIR was registered against accused Nos.1 and 2 and others in Crime No.141 of 2018 for the offence punishable under Section 365 read with Section 34 of the IPC. During the course of investigation, the petitioner herein was arrested on 23.10.2018 and after completing the investigation charge sheet has been filed against five persons. 7. According to the charge sheet allegation, accused No.1 had some business rivalry with Premkumar, who is the deceased in the present case and therefore, he had approached accused No.2 for the purpose of eliminating Premkumar. Accused No.2 in turn had contacted the petitioner who agreed to assist accused No.2 to eliminate Premkumar. On 16.10.2019, accused No.2 and Premkumar came in a car and the petitioner allegedly followed them in a motorbike to a forest area. According to the prosecution, accused No.2 had given a proposal of purchasing ganja and - 6 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 therefore, he had taken Premkumar along with him in the car, which was followed by accused No.3. Inside the forest area, the petitioner allegedly tied cloth to the eyes of Accused No.2 and Premkumar on the pretext that, while going to meet the persons who are supplying ganja, the eyes of the strangers need to be covered. It is alleged that thereafter accused Nos.2 and 3 allegedly committed murder of Premkumar by assaulting him with deadly weapons and disposed of his dead body in the forest area and returned back. 8. The entire case of the prosecution is based on circumstantial evidence. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.100661 of 2020, disposed of on 16.10.2020 and accused Nos.4 and 5 are also enlarged on bail in the present case. Undisputedly the petitioner has no criminal antecedents. Out of the 69 charge sheet witnesses, till date 31 charge sheet witnesses have been examined as PW1 to PW31. According to the - 7 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 learned counsel for the petitioner, all the material charge sheet witnesses are already examined. 9. Be that as it may, the fact remains that the petitioner who has no other criminal antecedents is in custody for the last 6 years 10 months. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh Vs. State of Maharashtra1 held in paragraph No. 17, has observed as follows: “17. If the State of any prosecuting agency including the Court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime.” 10. The prosecution has examined only 31 charge sheet witnesses out of the 69 charge sheet witnesses cited in the present case and therefore, the chances of the trial 1 (2024) 9 SCC 813 - 8 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 being completed and the case being disposed of on merits in the near soon is remote. 11. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the petitioner's prayer for grant of regular bail needs to be answered affirmatively solely taking into consideration his period of incarceration. Accordingly, the following: ORDER (i) The Criminal petition is allowed. (ii) The petitioner – accused No.3 is directed to be enlarged on bail in S.C. No.10 of 2019 pending before the Court of 2nd Additional District and Sessions Judge, Uttara Kannada at Karwar, arising out of Crime No. 141 of 2018 registered by Karwar Town Police Station, Karwar Circle, Uttara Kannada for the offences punishable under Sections 364, 302, 201, 202, 212, 109, 120B read with Section 34 of IPC, subject to the following conditions: - 9 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025 (a) The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction .of the jurisdictional Court; (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future. (e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 20 - 10 - HC-KAR NC: 2025:KHC-D:10600 CRL.P No. 103018 of 2025