- 1 - HC-KAR NC: 2025:KHC-D:18164 CRL.P No. 104862 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104862 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MUBARAK S/O. KHALANDARSAB MULLA, AGE. 20 YEARS, OCC. CATTLE BUSINESS AND GOUNDI WORK, R/O. HALAGERI, TQ. RANEBENNUR, DIST. HAVERI, PIN CODE-581208. …PETITIONER (BY SRI. VEERABHADRAPPA M.BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HIREKERUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, DHARWAD, BENCH AT DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CONNECTION WITH HIREKERUR PS CR.NO.149/2025, IN CC NO.516/2025, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, HIREKERUR, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 238, 103(1), 61(2)(A) R/W 3(5) OF BNS 2023 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:18164 CRL.P No. 104862 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.149/2025 of respondent/Police for the offence under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita1. Brief facts of the case; 2. The case of the prosecution is that, the body of the complainant’s brother was traced on 26.07.2025 which is found in the Madaga-Masur Canal. Therefore, the brother of the complainant lodges a complaint which is registered as UDR No.15/2025. Thereafter, after registering the case, investigation was conducted, during investigation, the respondent/Police learnt that the wife of the deceased has involved in committing the murder of her husband. 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:18164 CRL.P No. 104862 of 2025 3. Thereafter, one more complaint was registered by the complainant stating that, accused Nos.1 and 2 were having illicit relationship with each other. The deceased is the husband of accused No.2 and they were leading happy life. Accordingly, on 19.07.2025 around about 7:30 PM, the deceased was taken by the petitioner on his motorcycle in order to commit his murder to continue the said illicit relationship with the wife of the deceased. 4. Accordingly, the petitioner had purchased liquor for the purpose of making the deceased to consume it. After that, the petitioner took the deceased near the Tank and pushed him into the Tank and committed his murder. 5. Based on the said complaint, the respondent/Police registered a case in Crime No.149/2025. The respondent/Police on conducting the investigation, submitted the charge-sheet. 6. Heard Sri.Veerabhadrappa M. Banakar, learned counsel for the petitioner and Sri.Praveen Y. - 4 - HC-KAR NC: 2025:KHC-D:18164 CRL.P No. 104862 of 2025 Devareddiyavara, learned High Court Government Pleader for respondent/State. 7. The submission of the learned counsel for the petitioner is that, the entire case is based on the circumstantial evidence. Though, it is alleged that the petitioner is stated to have pushed the deceased into the tank and killed him, the said story has been developed on the basis of the voluntary statement of the accused. 8. The petitioner is aged about 20 years and he is the permanent resident of Halageri, Ranebennur Taluk and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that the investigation would indicate that the petitioner was having illicit relationship with accused No.2, she is none other than - 5 - HC-KAR NC: 2025:KHC-D:18164 CRL.P No. 104862 of 2025 the wife of the deceased. The investigation has been established that the petitioner has committed the offences stated supra. Hence, the bail application has to be rejected. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears from the record that the accused Nos.1 and 2 are having illicit relationship with each other. However, that itself is not the ground to presume that, the petitioner has committed the murder of the deceased. More over, the entire case is based on circumstantial witnesses. 11. Having considered the facts and circumstances of the case, I am of the considered opinion that the petitioner has made out a case for grant of bail. Accordingly, it is appropriate to grant him bail as prayed for. 12. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:18164 CRL.P No. 104862 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.149/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not involve in any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:18164 CRL.P No. 104862 of 2025 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/CT: UMD List No.: 1 Sl No.: 13