- 1 - HC-KAR NC: 2025:KHC-D:15261 CRL.P No. 101823 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101823 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: FAIROZ NISARAHMED KHAZI AGE. 30 YEARS OCC. AUTO CONSULTANT, R/O. RAJIVGANDHI NAGAR, (DASAR ONI), NEAR CHANDAVARIYAVAR HOUSE, GADAG-582 101. (NOW IN JC SINCE 21.04.2024) …PETITIONER (BY SRI. RAHAMAN MOHAMMED JAVED, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH GADAG TOWN P.S. R/BY STATE PUBLIC PROSECUTOR, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:15261 CRL.P No. 101823 of 2025 HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 001. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CONNECTION WITH GADAG TOWN P.S. CRIME NO.44/2024 (NOW SC NO.63/2024) REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC.143, 147, 148, 109, 120(B), 302, 396, 449, 201 R/W 149 OF IPC PENDING FILE BEFORE PRL. DISTRICT AND SESSIONS JUDGE, GADAG & ETC. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:15261 CRL.P No. 101823 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner – accused No.2 is before this Court seeking for grant of regular bail in Crime No.44/2024 of respondent/Police for the offence under Sections 120(B), 109, 143, 147, 148, 449, 302, 396, 201 r/w. Section 149 of Indian Penal Code, 1860 (for brevity, ‘IPC’). Brief facts of the case: 2. The case of the prosecution is that one Prakash Bakale resident of Gadag filed a complaint against unknown persons before the respondent police stating that on 19.04.2024 around about 2.00 p.m., some unknown persons entered his house by climbing through sanitary pipe and entered into the house by breaking open the back window. Thereafter, it is stated that they have killed four persons in the house. 3. Further, it is stated that, the petitioner and the other accused are stated to have committed theft of gold articles and cash and fled away from the spot. Hence, the complaint. - 4 - HC-KAR NC: 2025:KHC-D:15261 CRL.P No. 101823 of 2025 4. Based on the complaint, the respondent/Police registered a case in Cr.No.44/2024 against the petitioner and others. After conducting investigation, submitted the charge sheet for the aforesaid offences. 5. Heard Sri.Rahaman Mohammed Javed, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavar, learned High Court Government Pleader for respondent -State. 6. It is the submission of learned counsel for the petitioner that the petitioner is accused No.2. As per the averments of the charge sheet, accused No.1 contacted accused Nos.2 and 3 and handed over the supari to commit murder of his father, aunt(second wife of his father) and entire family by paying advance amount of Rs.10,00,000/-. 7. It is further stated that the overt-act of accused No.2 has not been forthcoming in the charge sheet. Mere mentioning the name of the petitioner as accused is not sufficient to deny the bail. The petitioner is the innocent of the alleged offence and he is having a deep root in the society. He will abide the conditions imposed by this Court in the event of his release - 5 - HC-KAR NC: 2025:KHC-D:15261 CRL.P No. 101823 of 2025 on bail. Making such submissions, learned counsel prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner and others have committed heinous offence. The offence, of which they committed, had created havoc in the locality. Four persons have been killed by the team of the petitioner. Even though, the entire case is based on the circumstantial evidence, the circumstances have been proved against the petitioner and others by way of filing the charge sheet. Since, the petitioner had committed heinous offence which is punishable either with the death or imprisonment for life. Hence, the petition has to be rejected. 9. Having heard learned counsels for the respective parties and on perusal of the averments of the complaint, no doubt, the entire case is based on the circumstantial evidence. As per the averments of the complaint, accused Nos.4 to 8 entered inside the house and committed murder of all the four members of the family of the complainant. No doubt, the averments of the complaint would indicate that, the present - 6 - HC-KAR NC: 2025:KHC-D:15261 CRL.P No. 101823 of 2025 petitioner is arrayed as accused No.2 and he was assigned the work of committing murder of the complainant by accused No.1 as the complainant being a father of accused No.1 was not giving property to accused No.1 after he has re-married. 10. Be that as it may, the overt-act against the petitioner is not forthcoming and there is an ambiguity in respect of his overt-act in the case. Therefore, the bail petition deserves to be allowed and the petitioner is enlarged on bail with suitable conditions that would take care of the apprehension of the prosecution. 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. 44/2024 of respondent/Police for the offence under Sections 120(B), 109, 143, 147, 148, 449, 302, 369, 201 r/w. Section 149 of IPC, 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. - 7 - HC-KAR NC: 2025:KHC-D:15261 CRL.P No. 101823 of 2025 (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. (vi) The petitioner shall not involve in 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/JS, CT:VP LIST NO.: 1 SL NO.: 15