- 1 - HC-KAR NC: 2025:KHC-D:18404 CRL.P No. 104766 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104766 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: MR. NAYAZ S/O IMAMSAB BENNIGERI, AGED ABOUT 28 YEARS, OCC. ACCOUNT/RECORD KEEPER R/O. HALVEERAPURA VILLAGE, TQ. HIREKERUR, DIST. HAVERI. …PETITIONER (BY SRI. ULLAS U. DODDAMANI, ADVOCATE) AND: STATE OF KARNATAKA, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18404 CRL.P No. 104766 of 2025 HALAGERI P.S. HAVERI, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD- 580011. …RESPONDENT (BY SRI. M.B. GUNDWADE, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO THAT THE PETITION MAY BE ALLOWED AND THE PETITIONER MAY BE RELEASED ON REGULAR BAIL IN HALAGERI PS CRIME: 56/2025 (SC NO. 66/2025) PENDING BEFORE THE II ADDL DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(1), 61(2), 103(1), 238(a), 3(5) OF BNS IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18404 CRL.P No. 104766 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arraigned as accused No.1 in Crime No.56/2025 filed by the respondent-police for the offences punishable under Sections 61(1), 61(2), 103(1), 238(a), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS 2023’) in S.C No.66/2025 pending on the file of II Additional District and Sessions Judge, Haveri, Sitting at Ranebennur. Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by Smt.Maitra Gunjala stating that, on 05.08.2024, when she was working as PSI at Halageri police station, she had received an information from Chandrappa S/o Nagappa stating that an unidentified female dead body was found on the bank of the Tungabhadra river. On seeing the said dead body, she confirmed that the woman might have been died three days ago. On receiving the said information, she went to - 4 - HC-KAR NC: 2025:KHC-D:18404 CRL.P No. 104766 of 2025 the spot and registered a case as UDR No.14/2025. Thereafter, the body of the deceased was sent for postmortem. On receiving the said postmortem report, she started an investigation. During the investigation, the facts of the case were unfolded in such a way that, accused No.1 – Nayaz was loving Swathi. However, the said Nayaz got engaged with another woman who belonged to the same community and he was avoiding Swathi without receiving her phone calls. 3. On 03.03.2025, around 8.00 a.m., the accused No.1 called Swathi near Rattihalli Bus Stand Cross, took her into his car and went to Suvarna Park situated outskirt of Ranibennur. There, it is stated that he had advised Swathi not to continue the relationship with him as he had married another lady. Swathi did not consent for the marriage and she was quarreling with Nayaz. Thereafter, the said Nayaz called the accused Nos.2 and 3. They came to the spot and advised her to leave Nayaz. When she refused to heed their words, all of them stated to have committed murder of the deceased. After conducting investigation, submitted the charge sheet. - 5 - HC-KAR NC: 2025:KHC-D:18404 CRL.P No. 104766 of 2025 4. Heard Sri.Ullas U.Doddamani, learned counsel for the petitioner and Sri.M.B.Gundwade, learned High Court Government Pleader for the respondent – State. 5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in the case. Initially, the case was registered as UDR No.14/2025. However, during investigation, the name of the petitioner and others were included. No specific overt-act is attributed against the petitioner. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent - State filed the statement of objections and vehemently submitted that the petitioner, who is arraigned as accused No.1, was loving the deceased Swathi. As he has been engaged with another lady of the same community, he had killed Swathi by taking the help of the other two accused. The said aspect has been proved by filing the charge sheet. At this - 6 - HC-KAR NC: 2025:KHC-D:18404 CRL.P No. 104766 of 2025 juncture, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader for the respondent - State prays to dismiss the petition. 7. Having heard the learned counsel for respective parties, it appears from the record that the petitioner is arraigned as accused No.1. The entire case is based on circumstantial evidence. Though, it is stated that C.W.27 said to be the eyewitness, that itself is not sufficient to conclude that the prosecution has proved the case. In fact, when the case is based on circumstantial evidence, the bail petitions are required to be considered liberally in order to secure the fundamental right and liberty. Hence, it is appropriate to grant bail by imposing suitable conditions. 8. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in No.56/2025 filed by the respondent police for the offences stated supra in S.C No.66/2025 pending on the file of II Additional - 7 - HC-KAR NC: 2025:KHC-D:18404 CRL.P No. 104766 of 2025 District and Sessions Judge, Haveri, Sitting at Ranebennur, 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. (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 RH/UN List No.: 1 Sl No.: 39