[Cites 7, Cited by 0]

Karnataka High Court

Mohammed Yousuf vs The State on 25 February, 2026

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                                                              NC: 2026:KHC-K:1872
                                                         CRL.P No. 200010 of 2026


                      HC-KAR




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                           DATED THIS THE 25TH DAY OF FEBRUARY, 2026

                                              BEFORE

                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                               CRIMINAL PETITION NO. 200010 OF 2026

                                      (439(Cr.PC)/483(BNSS))

                      BETWEEN:

                      1.   MOHAMMED YOUSUF
                           S/O MOHAMMED SALEEM
                           AGE: 38 YEARS, OCC: LORRY MECHANIC
                           R/O PANCHAYAT MOHALLA
                           GURMITKAL, DIST: YADGIR-585214

                      2.   SOHAIL AHMED S/O FAYAZ AHMED SHAIKH
                           AGE: 25 YEARS,
                           OCC: LORRY MECHANIC
Digitally signed by        R/O KHDC COLONY, GURMITKAL
SHIVALEELA                 DIST: YADGIR-585214
DATTATRAYA
UDAGI                                                              ...PETITIONERS
Location: HIGH        (BY SRI. SANTOSH PATIL AND
COURT OF
KARNATAKA             SRI. S. M. RANE ADVOCATES)

                      AND:

                      THE STATE THROUGH
                      YADGIR RURAL POLICE STATION
                      DIST: YADGIRI-585201
                      (REPRESENTED BY ADDL. STATE PUBLIC
                      PROSECUTOR, HIGH COURT OF KARNATAKA
                      KALABURAGI-585107
                                                                   ...RESPONDENT
                      (BY SRI.JAMADAR SHAHABUDDIN, HCGP)
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                                        NC: 2026:KHC-K:1872
                                   CRL.P No. 200010 of 2026


HC-KAR




     THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), PRAYING TO RELEASE THE PETITIONERS/
ACCUSED NO.1 AND 2 ON BAIL IN CC NO.1599/2025 PENDING
ON THE FILE OF CIVIL JUDGE AND JMFC (JN.DN) COURT,
YADGIR, ARISING OUT OF CRIME NO.154/2025 OF YADGIR
RURAL POLICE STATION, YADGIRI, FOR THE OFFENCES
PUNISHABLE U/SEC.103(1), 238, 49 R/W SEC.3(5) OF
BNS-2023.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

                       ORAL ORDER

Learned counsel for the petitioners files a memo

seeking leave of this Court to withdraw the petition in

respect of petitioner No.1 i.e., accused No.1.

2. The memo is taken on record.

3. In view of the memo, the petition is dismissed

as withdrawn in respect of petitioner No.1/accused No.1.

AS REGARDS PETITIONER NO.2/ACCUSED NO.2,

THE MATTER IS TAKEN UP FOR CONSIDERATION AS

UNDER:

This petition is filed under Section 483 of BNSS,

2023, by petitioner No.2/accused No.2 for grant of bail in

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C.C.No.1599/2025, arising out of Crime No.154/2025,

registered by Rural Police, Yadgir, for the offences

punishable under Sections 103(1), 238 and 49 r/w Section

3(5) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS'

2023), presently pending on the file of Addl. Civil Judge

and JMFC, Yadgir.

4. The factual matrix of the case is, Parvati

Bayi/complainant i.e., mother of deceased lodged a

complaint against unknown persons for the death of her

son-Ramsingh @ Ambresh. The complaint and charge

sheet averments further disclose that accused No.3-

Radhika i.e., sister of deceased had an extra marital affair

with accused No.1-Mohammed Yousuf. The said fact came

to the knowledge of deceased-Ramsingh and he opposed

the same. Further, accused No.1 obtained a sum of

Rs.6,00,000/- from the complainant and accused No.3 and

for repayment of the said amount, deceased-Ambresh was

insisting accused No.1. As such, accused Nos.1 and 3

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were nourishing ill-will against the deceased-Ramsingh.

Hence, they hatched conspiracy to eliminate the deceased.

5. Accordingly, on 26.08.2025 at about 06.30

p.m., accused No.1 along with accused No.2, went to

Gurumitkal bus stop and called the deceased-Ambresh for

drink and took him in a car to a place called Chappetla

near Gajalamma Temple and thereafter at about 11:30

p.m., accused No.1 committed his murder by strangulating

him by means of a livewire and accused No.2 held the leg

of deceased.

6. During the course of investigation, respondent-

Police arrested accused No.1 on 29.08.2025 and based on

his voluntary statement, petitioner No.2/accused No.2 was

arrested and produced before the Magistrate and

remanded to judicial custody. Aggrieved by the custodial

detention, petitioner No.2/accused No.2 and accused No.1

approached the learned I-Addl. Dist. & Sessions Judge,

Yadgir in Crl.Misc.No.660/2025, the same was dismissed

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vide order dated 08.12.2025. Hence, petitioner

No.2/accused No.2 preferred this petition.

7. Heard learned counsel for the petitioner and

learned High Court Government Pleader for respondent-

State.

8. Apart from urging several contentions, learned

counsel for petitioner No.2 contended that the only

allegation against him is, he being the friend of accused

No.1, assisted and facilitated accused No.1 to commit the

murder of deceased by accompanying him to the place of

incident in a car belonging to accused No.1 and by holding

the legs of deceased. As such, he is not responsible for the

Homicidal death of deceased-Ambresh. He also contended

that, accused No.3 has been granted bail by this Court in

Crl.P.No.201518/2025. He further submits that now the

investigation is completed and charge-sheet is filed.

Hence, he seeks to enlarge petitioner No.2 on bail.

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9. Per contra, learned High Court Government

Pleader opposed the prayer on the ground that petitioner

No.2 also participated in the murder of deceased-Ambresh

by holding the legs of deceased and facilitated accused

No.1 to commit the murder. According to him, CWs.13 and

14 are the last seen witnesses. In such circumstances, he

prays to dismiss the petition.

10. I have given my anxious consideration on the

submission made by the learned counsel for the respective

parties and documents available on record.

11. Admittedly, the case of the prosecution rest on

the circumstantial evidence. The investigation paper

reveals that accused No.1 had an affair with accused No.3

and he also borrowed a sum of Rs.6,00,000/- from the

complainant, as such, deceased was insisting for

repayment of the amount and also objected the illicit

relationship between accused Nos.1 and 3. Hence, accused

Nos.1 and 3 were nourishing ill-will against the deceased

and hatched a conspiracy to do away the life of deceased.

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The said conspiracy was executed by accused No.1 by

taking the deceased in his car and committing his murder

by strangulating him by livewire. Though there is an

allegation against petitioner No.2 that he facilitated

accused No.1 by assisting him to commit the murder, no

motive is attributed against petitioner No.2 and now the

investigation is completed and charge sheet has been laid

by the respondent-Police and there is a delay of 3 days in

recording the statement of last seen witnesses. In such

circumstances, without expressing any opinion on the

merits of the case, suffice to hold that petitioner

No.2/accused No.2 can be enlarged on regular bail.

Accordingly, I proceed to pass the following:

ORDER

i. The petition is allowed in part.

ii. The petition is dismissed as withdrawn in respect of petitioner No.1/accused No.1.

iii. The petition is allowed in respect of petitioner No.2/accused No.2.

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iv. Petitioner No.2/accused No.2 is directed to be released on bail in C.C.No.1599/2025, arising out of Crime No.154/2025, registered by Yadgir Rural Police, Yadgir, for the offences punishable under Sections 103(1), 238 and 49 r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS' 2023), presently pending on the file of Addl. Civil Judge and JMFC, Yadgir, subject to the following conditions:

a) 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;

b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) Petitioner shall not involve in similar offences in future;

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e) 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;

f) Petitioner shall mark his attendance before the Station House Officer, Yadgir Rural Police Station, Yadgir, on 1st 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

MSR,SDU List No.: 1 Sl No.: 9 CT-BH