- 1 - HC-KAR NC: 2025:KHC-D:9071 CRL.P No. 102469 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102469 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI SAYYED AZAR S/O. SAYYED YUNUS, AGE: 38 YEARS, OCC: PRIVATE JOB, R/O. 2ND CROSS, PRIYADARSHINI COLONY, MANTUR ROAD, MILLAT NAGAR, NEW ABBRAR MASJID, HUBBALLI-580020. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF BUILDING, DHARWAD, OLD HUBBALLI POLICE STATION, HUBLI SOUTH, DIST. DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER (ACCUSED) ON BAIL IN S.C. NO.5042/2024 (CRIME NO.18/2024), OLD HUBBALLI P.S. PENDING ON THE FILE OF COURT OF THE I ADDL. DISTRICT SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 201 OF IPC 1860 WITH SUCH CONDITION WHICH THIS HON’BLE HIGH COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCE OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9071 CRL.P No. 102469 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Vidyashankar G.Dalawai., learned counsel for petitioner and Shri Jairam Siddi, learned High Court Government Pleader for respondent-State. 2. The petitioner/accused has filed this petition under Section 439 of Cr.P.C, [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in S.C.No.5042/2024 pending on the file of learned I Additional District and Sessions Judge, Dharwad sitting at Hubballi in connection with Old Hubballi Police Station Crime No.18/2024 for the offences punishable under Sections 302 and 201 of Indian Penal Code, 1860. 3. Brief facts of the prosecution case are as under: The deceased Vijay S/o Suresh Basava, was in the habit of calling the mobile number of the wife of accused. Consequently, the accused developed ill-will against the deceased and formed an intention to eliminate him. In - 3 - HC-KAR NC: 2025:KHC-D:9071 CRL.P No. 102469 of 2025 furtherance of the said intention, on 30.01.2024, the petitioner-accused invited the deceased to consume alcohol. They purchased the alcohol and consumed it near the chutney complex, which is situated at Karwar Bypass Bridge, and thereafter, near MTS Colony on Karwar Road, Old Hubballi, the accused committed the murder of the deceased. Accordingly, a complaint was lodged, which led to the registration of an FIR and initiation of investigation. 4. During the course of investigation, the petitioner-accused was arrested and in turn, he was remanded to judicial custody. 5. Learned counsel for the petitioner contended that the petitioner is innocent; he has been falsely implicated in the case; there is no overt-act alleged against him and nothing is recovered from this petitioner. It is contended that the prosecution case is rest on circumstantial evidence and though there are eyewitnesses to the incident, the name of petitioner is not - 4 - HC-KAR NC: 2025:KHC-D:9071 CRL.P No. 102469 of 2025 found place in the FIR. Now the investigation is completed and charge-sheet is filed. The petitioner-accused is ready to abide by conditions that may be imposed by this Court, hence, prayed for grant of bail. 6. Per contra, learned High Court Government Pleader contended that the petitioner is involved in the offence under Section 103 of BNS, 2023; there is prima- facie case against him; if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail, hence, prayed for rejection of the petition. 7. Perused the material available on record. 8. Upon perusal of the charge-sheet material, it is revealed that the prosecution's case rests on circumstantial evidence. The charge-sheet material indicates that the deceased Vijay had come in contact with the wife of the accused and used to call her frequently. - 5 - HC-KAR NC: 2025:KHC-D:9071 CRL.P No. 102469 of 2025 This fact came to the knowledge of the petitioner-accused, which led to the development of a grudge against the deceased. On 30.01.2024, the petitioner-accused called the deceased Vijay to consume alcohol; they consumed alcohol and there was scuffle between them. Thus, the petitioner-accused assaulted the deceased with a stone on his head and thereafter, poured petrol on him and set him on fire. Except for the voluntary statement of the accused, there are no other incriminating materials available against the petitioner at this stage. The petitioner-accused and the deceased were under the influence of alcohol at the time of the alleged incident. In the present case, the prosecution has to prove the circumstance alleged in the prosecution case. 9. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and - 6 - HC-KAR NC: 2025:KHC-D:9071 CRL.P No. 102469 of 2025 antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court pass the following: ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner-accused is ordered to be enlarged on bail in S.C.No.5042/2024, pending on the file of learned I Additional District and Sessions Judge, Dharwad sitting at Hubballi in connection with Old Hubballi Police Station Crime No.18/2024, on his execution of personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction trial Court, subject to the following conditions: i. The petitioner shall not tamper with the prosecution witnesses and shall not threaten the witnesses in any manner; - 7 - HC-KAR NC: 2025:KHC-D:9071 CRL.P No. 102469 of 2025 ii. The petitioner shall appear before the Court regularly without fail; iii. The petitioner shall not involve himself in similar or any other offences; Note:- The observations made herein is only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 11