Abdul Bari S/O. Abdul Razak Mulla Vs State of Karnataka

STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH ATHANI POLICE STATION, TALUKA-ATHANI, DISTRICT-BELAGAVI.

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…RESPONDENT

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(BY SHRI JAIRAM SIDDI, HCGP)

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN CRIME NO.182/2025 OF ATHANI POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1) AND 238 OF BNS, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.P. NO. 102299 OF 2025

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BETWEEN:

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MAHESH S/O. JANJAY KALE, AGED ABOUT 35 YEARS, OCC: BUSINESS, R/O. HOUSE NO.29, SHANTI NAGAR, HALYAL ROAD, VTC ATHANI, TQ. ATHANI, DIST. BELAGAVI-591173.

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…PETITIONER

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(BY SHRI K. ANAND KUMAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA, THROUGH ATHANI POLICE STATION, BY SPP, HIGH COURT CIRCUIT BENCH BUILDING, DHARWAD

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…RESPONDENT

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(BY SHRI JAIRAM SIDDI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE OF THE PETITIONER/ACCUSED NO.11 ON BAIL IN CRIME NO.182/2025 ATHANI POLICE STATION PUNISHABLE UNDER SECTIONS 103(1), 238, 189(2), 191(2), 191(3), 126(2), 352, 49 R/W. SECTION 190 OF BNS, IN THE INTEREST OF JUSTICE AND EQUITY.

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HC-KAR

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IN CRL.P. NO. 102332 OF 2025

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BETWEEN:

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SRI. HAZARATH BILAL @ HAZARATHABHAI S/O. MAHAMMADISALI NALABAND, AGE: 28 YEARS, OCC: PRIVATE WORK, R/O. H.NO.2760, NALABAND GALLI, ATHANI, TAL: ATHANI, DISTRICT-BELAGAVI-591304.

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SRI. FAYEEM S/O. MUSA NALABAND, AGE: 27 YEARS, OCC: PRIVATE WORK, R/O. NALABAND GALLI, ATHANI-591304, TAL: ATHANI, DIST-BELAGAVI.

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…PETITIONERS

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(BY SHRI SRINAND A. PACHHAPURE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH ATHANI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT: DHARWAD-580011.

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…RESPONDENT

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(BY SHRI JAIRAM SIDDI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO GRANT REGULAR BAIL TO THE PETITIONERS/ACCUSED NO.5 AND 6 IN CRIME NO.182/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 191(2), 191(3), 126(2), 352, 103(1), 238, 49 R/W 190 OF BNS, BY THE ATHANI POLICE STATION PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC, ATHANI, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE PETITIONS, COMING ON FOR FURTHER ARGUMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard Sri Srinivas B. Naik, Sri Anand Kumar K. and Sri Srinand A Pachhapure learned counsel for the petitioners and Sri Jairam Siddi, learned High Court Government Pleader, for respondent – State in all the criminal petitions.

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Crl.P.No.102206/2025 is filed by accused No.1, Crl.P.No.102299/2025 is filed by accused No.11, whereas Crl.P.No.102332/2025 is filed by accused Nos.5 and 6 in connection with Crime No.182/2025 of Athani Police Station, Belagavi District registered for the offences punishable under Section 103(1), 238, 189(2), 191(2), 191(3), 126(2), 352, 49 read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short).

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Brief facts of the case of the prosecution are as under:

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The intervening night of 28.04.2025 and 01.05.2025, some unknown persons murdered the deceased, Shivadas

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HC-KAR

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Kosti, and threw dead body in vacant plot No.104 of Beersiddeshwar Nagar, of Athani village, in order to destroy the evidence of the offences. Hence, on 01.05.2025, the defacto complainant lodged a complaint. This led to registration of FIR and investigation.

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During the course of the investigation, on 07.05.2025, the Investigating Officer secured accused No.1, interrogated him, and recorded his voluntary statement. Pursuant to his voluntary statement, the Investigating Officer secured accused Nos.2 to 11, and in-turn, they were remanded to judicial custody.

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The learned counsel for the petitioners contended that the petitioners are innocent and have been falsely implicated in this case. It is contended that accused No.1, being the Director of Athani Sugar Company, he did not commit any offence, and the Investigating Officer has not recovered any incriminating articles from the petitioners. Although the prosecution’s case is based on circumstantial evidence, the Investigating Officer has created an eyewitness

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HC-KAR

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to the incident. If the case were truly dependent on an eyewitness, they would have reported the incident to the jurisdictional Police immediately. The investigation is about to be completed and the petitioners are willing to cooperate with the investigating agency. The petitioners are permanent residents of their respective places of residence, as indicated in the cause title. Therefore, the learned counsels prayed for grant of bail.

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Per contra , the learned High Court Government Pleader contended that the petitioners are involved in a heinous offence punishable under Section 103 of the Bharatiya Nyaya Sanhita, 2023, and that there is a prima facie case against them. Accused No.1 gave a voluntary statement disclosing his involvement and the involvement of the other accused persons. If the petitioners are granted bail, they may tamper with the prosecution witnesses and may hamper the progress of the trial. Therefore, considering the gravity of the offences, the petitioners are not entitled to bail. Accordingly, the learned HCGP prayed to reject the petitions.

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HC-KAR

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Perused the materials available on record, including the FIR and the complaint. It shows that alleged incident occurred between 28.04.2025 and 01.05.2025. According to accused No.1’s voluntary statement, on 28.04.2025, the deceased, Shivadas Kosti, came onto the property of the accused with an intent to commit theft. As a result, all the accused apprehended him, tied his hands and feet with rope, and repeatedly assaulted him with an iron pipe, clubs, etc. Thereafter, they abandoned his body near the Beerasiddeshwara city plot. The body was discovered two days later i.e., on 01.05.2025, at 11:00 a.m. On 07.05.2025, accused No.1 was arrested by the Investigating Officer, who recorded his voluntary statement. This statement revealed that accused Nos.1 to 11 had assaulted the deceased with iron pipes and clubs, inflicting severe injuries. As per the materials on record, nothing was recovered from accused Nos.1, 5, 6, and 11. The investigation also revealed that the deceased, Shivadasa Kosti was attempting to commit theft when he was assaulted by the accused.

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HC-KAR

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The learned HCGP has submitted that there are eight eyewitnesses to the incident, and their statements have been recorded by the Investigating Officer. However, it was noted that immediately after the incident, none of the eyewitnesses had informed the jurisdictional Police about the alleged offence. Furthermore, in the First Information Report, there is no mention of any alleged eyewitnesses. On perusal of the prosecution materials, it appears that the prosecution case rests on circumstantial evidence. At this stage, there is insufficient material to connect these petitioners to the alleged crime.

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Considering the facts and circumstances of the case, including the nature of the allegations against the petitioners, the gravity of the offences, the severity of the potential punishment, and the likelihood of the petitioners absconding or fleeing justice if released on bail, as well as their character, antecedents, and the risk of tampering with witnesses, the petitioners are entitled to be granted bail, subject to certain conditions. Accordingly, I proceed to pass the following order:

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HC-KAR

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ORDER

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Criminal Petitions are hereby allowed.

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The petitioners – accused Nos.1, 5, 6 and 11 are ordered to be enlarged on bail in Crime No.182/2025 of respondent Police on they executing personal bond in a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions:

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i) The petitioners shall not tamper with the prosecution witnesses and shall not threaten the witnesses;

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ii) The petitioners shall cooperate with the Investigating Officer till the conclusion of the investigation.

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iii) The petitioners shall mark their attendance before the respondent – Police on 1^st and 16^th of every month in between 10:00 a.m. to 05:00 p.m. for a period of six months or till filing of the final report whichever is earlier.

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