- 1 - NC: 2025:KHC-D:354 CRL.P No. 103166 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO. 103166 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: MOHAMMED GOUSE @ KHALEEL S/O. VALI BASHA, AGE: 20 YEARS, OCC. DRIVER, R/O. BEHIND GOVT. SCHOOL, D. C. NAGAR, TQ. BALLARI, DIST. BALLARI-583101. … PETITIONER (BY SRI VADIRAJ P VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY PSI RURAL POLICE STATION, BALLARI, REPRESENTED BY S.P.P, HIGH COURT PREMISES, DHARWAD-580011. … RESPONDENT (BY SRI JAIAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 HEREIN ON REGULAR BAIL FOR THE CASE REGISTERED IN CRIME NO. 321/2023 DATED 21.11.2023, PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE BALLARI IN S.C.NO.19/2024 FOR THE ALLEGED OFFENCES P/U/SEC. 397, 302, 201 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.10 11:23:07 +0530 - 2 - NC: 2025:KHC-D:354 CRL.P No. 103166 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed by accused no.1 under Section 439 of Criminal Procedure Code (‘Cr.PC’, for short) for grant of regular bail in Crime no.321/2023 by Bellary Rural Police Station for offences punishable under Sections 397, 302 and 201 of Indian Penal Code (‘IPC’, for short). 2. Sri Vadiraj P Vadavi, learned counsel for petitioner submitted, case of prosecution stated in para no.17 of charge- sheet filed on 15.02.2024 was that on 20.11.2023, one Gadilingappa s/o Ramappa came on his motorcycle bearing registration no.KA-36/EB-4799, near Belagal Cross, Bellary and told petitioner (accused no.1) that he wanted a girl aged between 18 and 20 years and if petitioner led him to such girl, he would transfer Rs.5,000/- through PhonePe and in case such girl slept with him, he would transfer Rs.10,000/-, which led petitioner to assume that Gadilingappa had plenty of money and he could have him transfer money from his mobile to his account by force. With that intention, he took Gadilingappa to house of accused no.2 and showed his wife. Thereafter, - 3 - NC: 2025:KHC-D:354 CRL.P No. 103166 of 2024 accused no.1 and 2 went to shop of CW-13, purchased few items and Gadilingappa paid for same. Thereafter, they took him to land of one Basavaraja Gouda, alighted motorcycle, surrounded Gadilingappa and demanded him to transfer money. When he refused without showing girl, accused no.2 grabbed towel around his neck to strangulate him. Accused no.3 caught hold of his feet. And when Gadilingappa and accused no.2, fell down. Accused no.2, tightened towel around Gadilingappa’s neck, while accused no.3 held his legs. It was stated accused no.2 strangulated Gadilingappa with towel and caused his death. Thereafter, accused no.1 picked nearby stone and dropped it on head of Gadilingappa. Even accused no.2 did likewise, with intention to destroy evidence. Both post mortem report as well as final report by Doctor who conducted post mortem examination indicated cause of death as a result of strangulation. It was submitted, as per prosecution, death of Gadilingappa was due to strangulation by Accused no.2, who was enlarged on bail by learned Principal District and Sessions Judge, Bellary in Crl.Misc.no.155/2024 by order dated 26.03.2024, while Accused no.3 was granted Bail in . It was - 4 - NC: 2025:KHC-D:354 CRL.P No. 103166 of 2024 therefore submitted, petitioner was entitled bail on ground of parity. 3. Rejection of bail petition of petitioner was solely on ground of severity of charges, without proper consideration of fact that accused no.2 was already enlarged on bail. It was further contended that since charge sheet was already filed on 15.02.2024, there would be no further need for custodial interrogation and as 41 witnesses were cited in charge sheet and conclusion of trial would take substantial time, petitioner was entitled to be enlarged on bail. 4. Sri Jairam Siddi, learned High Court Government Pleader for respondent-State sought to oppose petition. It was submitted, the charges as per charge sheet, offences alleged against petitioner and others were punishable under Sections 397, 302 and 201 read with section 34 of IPC. Manner of commission of offences would indicate clear intention, preparation. Investigation had led to recoveries of cotton towel, stones and etc. There was specific overt-act against petitioner namely of dropping boulders stone on the head of deceased. Therefore petitioner was entitled for bail. - 5 - NC: 2025:KHC-D:354 CRL.P No. 103166 of 2024 5. Heard learned counsel and perused record. 6. From above, it is seen main ground on which petitioner is seeking bail is parity. Admittedly, accused no.2 was granted bail by District and Sessions Judge, Ballari, in Crl.Misc.No.155/2024 on 26.03.2024. While, accused no.3 was granted bail in Crl.Misc.no.309/2024 by order dated 03.05.2024. In column no.17 of Charge-Sheet it is stated, accused no.2 tightened towel around neck of Gadilingappa causing his death. Opinion about cause of death in postmortem examination report as well as final report was death was due to strangulation. Since accused no.2 and 3 are already enlarged on bail, petitioner would be entitled for bail on parity. Moreover, charge sheet is already filed and trial is stated to have commenced, but which was likely to take time for conclusion as there are 41 witnesses cited. 7. Hence, following: ORDER Petition is allowed. Petitioner/accused no.1 shall be released on bail in S.C. no.19/2024 (Crime no.321/2023 of Bellary Rural Police Station) for offences punishable under - 6 - NC: 2025:KHC-D:354 CRL.P No. 103166 of 2024 Sections 397, 302 and 201 of IPC, subject to following conditions: a) Petitioner/accused shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum. b) Petitioner/accused shall make himself available for purpose of investigation as and when required and he shall co-operate with investigation. c) Petitioner/accused shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. d) He shall not indulge in any criminal activities. e) He shall be regular in attending Court proceedings. f) Petitioner shall mark his attendance once every fifteen days before Ballary Rural Police Station. g) Petitioner shall not leave jurisdiction of District and Sessions Court, Bellary, without prior permission. h) Violation of any of conditions would entitle cancellation of bail. - 7 - NC: 2025:KHC-D:354 CRL.P No. 103166 of 2024 i) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE RH/EM CT:PA LIST NO.: 1 SL NO.: 16