- 1 - HC-KAR NC: 2025:KHC-D:17740 CRL.P No. 104522 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104522 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. JAFARSADIQ S/O. SATTARSAB SHETASANADI, AGE. 28 YEARS, OCC. COOLIE, R/O. CHIKKERUR-YALLAPUR, TQ. HIREKERUR, DIST. HAVERI-581111. …PETITIONER (BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH HANSABHAVI POLICE STATION, HIREKERUR CIRCLE, HAVERI-581111. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION FILED UNDER SECTION 483 OF B.N.S.S. AND ENLARGE THE PETITIONER (ACCUSED NO.2) ON BAIL IN S.C. NO.16/2025 (CRIME NO.138/2024) (C.C. NO.02/2025) BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT HAVERI (SITTING AT RANEBENNUR) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61(2), 3(5) OF BNS, 2023 AND ETC., Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17740 CRL.P No. 104522 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arrayed as accused No.2 is before this Court seeking for grant of regular bail in Crime No.138/2024 of respondent/Police for the offence under Sections 103(1), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that, the uncle of the deceased had lodged a complaint stating that, the petitioner and accused No.1 had illicit relationship with each other. On account of the said illicit relationship, it is alleged that, both have killed the deceased who is the husband of accused No.1. 3. Based on the said complaint, a case came to be registered against the accused Nos.1 and 2. The 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:17740 CRL.P No. 104522 of 2025 respondent/Police registered a case and after conducting the investigation, submitted the charge-sheet. 4. Heard Sri.Vidyashankar G. Dalwai, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 5. It is the submission of the learned counsel for the petitioner that, the entire case is based on the circumstantial evidence. Though, it is alleged that, both accused Nos.1 and 2 had illicit relationship, as it could not be established, it is very difficult to bring within the definition motive for commission of murder. 6. The petitioner is innocent of the alleged offences and he has been falsely implicated in this case. He is the permanent resident of Chikkerur-Yallapur of Hirekerur Taluk and he will abide the conditions imposed by this Court in the event of release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:17740 CRL.P No. 104522 of 2025 7. 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 the wife of the deceased who is accused No.1. As both the accused have killed the deceased, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears that the averments of the complaint indicate that the petitioner is stated to have illicit relationship with the wife of the deceased, who is arrayed as accused No.1 in this case. No doubt the entire case is based on the circumstantial evidence. On perusal of the averments of the complaint, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:17740 CRL.P No. 104522 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.138/2024 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 the 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. - 6 - HC-KAR NC: 2025:KHC-D:17740 CRL.P No. 104522 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.: 2 Sl No.: 42