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Karnataka High Court
Sayyad vs State Of Karnataka on 17 February, 2026
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CRL.P No. 202119 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 202119 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
SAYYAD
S/O SAIPANSAB PATLE,
AGED ABOUT 31 YEARS,
OCC: COOLIE,
RESIDING AT BARADOL VILLAGE,
TQ: INDI, DIST: VIJAYAPURA-586209
...PETITIONER
(BY SRI. MUHAMMAD MUJTABA ZUBER., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CHADACHAN PS,
REPRESENTED BY HCGP
Digitally signed by
SHIVALEELA HIGH COURT BUILDING,
DATTATRAYA UDAGI HIGH COURT OF KARNATAKA,
Location: HIGH KALABURAGI-585103
COURT OF
KARNATAKA
2. RAJSHREE
W/O BHEENAGOUD BIRADAR
AGED ABOUT 35 YEARS,
OCC: HOUSEWIFE,
R/O DEVAR NIMBARAGI
TQ: CHADCHAN,
DIST: VIJAYAPURA-586204
...RESPONDENTS
(BY SRI.JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI. R. S. LAGALI ADV., FOR R2)
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CRL.P No. 202119 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 483 OF BNSS (NEW), U/S.439
OF CR.P.C.(OLD), PRAYING TO ALLOW THIS PETITION AND
DIRECT THE RESPONDENT NO.1 POLICE STATION TO RELEASE
THE PETITIONER/ACCUSED NO.7 ON THE BAIL IN
CONNECTION TO CRIME NO.0120/2025 FOR THE OFFENCE
UNDER SECTION 29(b), 27(3), 25(1)(A) OF ARMS ACT, 1959
AND SECTION 103(1) R/W 3(5) OF BNS, 2023 PENDING ON
THE FILE OF HONOURABLE CIVIL JUDGE AND JMFC, INDI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed under Section 483 of BNSS, 2023, by
the petitioner/accused No.7 for grant of bail in
C.C.No.11117/2025, arising out of Crime No.120/2025, dated
03.09.2025, registered by Chadachan Police, for the offences
punishable under Sections 103(1), 189(2), 191(2), 191(3), 49,
61(2), 239, 351(3) and 190 of BNS, 2023 and Section 29(b),
27(3), 25(1)(A) of Arms Act, 1959, pending on the file of Civil
Judge and JMFC Court, Indi, Vijayapur District.
2. The factual matrix of the case is that, on
03.09.2025, the complainant/respondent No.2 - Smt.
Rajashree Biradar i.e., wife of deceased-Bhimanagouda Biradar
lodged the complaint before respondent No.1-Police alleging
that, on the same day, her husband had been to saloon for hair
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cut on a motorcycle along with one Anil and Lachanya. Later,
one of the villagers called her and informed that her husband
was done to death by unknown persons in the saloon by firing
on him. Immediately, she rushed to the spot and saw her
husband's corpus on the chair of saloon and observed the gun
shot injuries on her husband's body. On enquiry of the owner of
saloon, it was revealed that, while the deceased was in the
saloon, one Wasim i.e., accused No.1, Rizwal i.e., accused
No.2, Maulasab i.e., accused No.3 and Firoz i.e., accused No.4,
entered his shop and fired the deceased on his head. Later,
they threw chilli powder on his eyes and thrown him out of the
saloon. The said aspect of the matter was also informed by the
other customers, who were present in the saloon.
3. According to the complainant, in the year 2023,
accused No.5-Jakir @ Jakirhusen had quarreled with one
Vishwanath Rathod, who is the Panchayath Development
Officer of Devaranimbaragi Village, for that, criminal case was
registered against him under the provisions of SC/ST
(Prevention of Atrocities) Act [for brevity, "SC/ST (POA) Act"].
As such, accused No.5 and others were nourishing ill will
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against the deceased, since on behest of deceased, the PDO
filed a false complaint against accused No.5 and made him to
suffer in a judicial custody. With these facts, the complainant
lodged the complaint. On the strength of said complaint, the
respondent-Police registered a case in Crime No.120/2025
against accused Nos.1 to 4 for the offences punishable under
Sections 103(1) r/w Section 3(5) of BNS, 2023 and Section
29(b), 27(3) and 25(1)(A) of Arms Act, 1959.
4. During the course of investigation, accused Nos.1 to
4 arrested on 03.09.2025. Based on their voluntary
statements, this petitioner implicated in the alleged crime and
arrested on 15.09.2025. After completing investigation, the
respondent-Police laid charge sheet against 7 accused persons
for the offences punishable under Sections 103(1), 189(2),
191(2), 191(3), 49, 61(2), 239 and 251(3) r/w Section 190 of
BNS, 2023 and Section 29(b), 27(3), 25(1A) of Arms Act,
1959, by arraying the petitioner as accused No.7. Hence, the
petitioner approached Prl. District and Sessions Judge,
Vijayapura, for grant of bail in Crl.Misc.No.1437/2025, which
was rejected vide order dated 03.11.2025. Hence, this petition.
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5. Heard learned counsel for the petitioner and learned
Addl. SPP for the respondent-State.
6. Apart from urging several contentions, learned
counsel for the petitioner primarily contended that the
petitioner, being accused No.7, neither present in the scene of
occurrence nor participated in the commission of the offences.
As per the complaint averments, accused Nos.1 to 4 entered
the saloon and shot the deceased with pistol by throwing chilli
powder on the eyes of the owner of said saloon. The
eyewitnesses-CWs.8 to 12 and 18 also stated that the
petitioner has not participated in the alleged crime. The only
allegation in the charge sheet against the petitioner is, he
facilitated accused No.6 to escape from the cluthes of Police by
dropping him near Baradola Bus Stop on his motorcycle after
commission of incident by knowing fully that accused No.6
participated in the alleged crime and the said allegation is
based on the voluntary statements of co-accused. Accordingly,
he prays to allow the petition.
7. Per contra, learned for respondent No.2 opposed
the bail petition on the ground that, at the instance of the
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petitioner, accused Nos.1 to 4 committed the murder of
deceased and there is a clear motive attributes against the
petitioner that he was present at vicinity of the spot of incident
and by instigating accused Nos.1 to 4, sent them to the saloon
to do away the life of deceased. As such, the prosecution has
placed sufficient materials to prove prima facie case against the
petitioner for the offences he had been charge sheeted. Hence,
he prays to dismiss the bail petition.
8. Learned HCGP also opposed the prayer and prays to
dismiss the bail petition.
9. I have given my anxious consideration both on the
submissions made by the learned counsel for respective parties
and the documents available on record.
10. On perusal of the complaint averments,
immediately after the incident, the complainant visited the
saloon and saw her husband's corpus and on enquiry, it was
revealed by the eyewitnesses that, accused Nos.1 to 4 entered
the saloon and committed the murder of her husband by firing
on him. Accordingly, FIR came to be registered against accused
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Nos.1 to 4. The eyewitnesses to the incident i.e., CWs.8 to 12
and 18 stated that, accused Nos.1 to 4 committed the murder
of deceased and accused No.5 instigated them. The only
allegation against the petitioner is, after the incident he
dropped accused No.6 in his motorcycle to Baradola Bus Stop.
Though it is claimed by the prosecution that the petitioner was
aware about the participation of accused No.6 in the alleged
crime, no such prima facie material is placed by the prosecution
to that effect. Accused No.5 is enlarged on bail by this Court in
Crl.P.No.200039/2026 dated 13.02.2026.
11. Now, the respondent-Police have completed the
investigation and laid charge sheet against the petitioner and
others, custodial incarceration of the petitioner/accused No.7
does not call for. Hence, without expressing any opinion on the
merits of the case, suffice to hold that the petitioner/accused
No.7 can be enlarged on bail.
12. Accordingly, the petition is allowed.
13. The petitioner/accused No.7 is directed to be
enlarged on bail in C.C.No.11117/2025, arising out of Crime
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No.120/2025, dated 03.09.2025, registered by Chadachan
Police, for the offences punishable under Sections 103(1),
189(2), 191(2), 191(3), 49, 61(2), 239, 351(3) and 190 of
BNS, 2023 and Section 29(b), 27(3), 25(1)(A) of Arms Act,
1959, pending on the file of Civil Judge and JMFC Court, Indi,
Vijayapur District, subject to the following conditions:
i. Petitioner shall execute a personal bond for
a sum of Rs.1,00,000/- with two sureties for
the likesum, to the satisfaction of the
jurisdictional Court;
ii. The petitioner shall appear regularly on all
the dates of hearing before the Trial Court
unless the Trial Court exempts his
appearance for valid reasons;
iii. The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
iv. The petitioner shall not involve in similar
offences in future;
v. The petitioner shall not leave the jurisdiction
of the Trial Court without permission of the
said Court until the case registered against
him is disposed off.
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vi. The petitioner shall mark his attendance
before the Station House Officer, Chadachan
Police Station, on first Sunday of every
month between 10.00 a.m. and 01.00 p.m.
till the case registered against him is
disposed off before the Trial Court.
Sd/-
(RAJESH RAI K)
JUDGE
THM
List No.: 1 Sl No.: 1
CT-BH
