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Karnataka High Court
Aseeb @ Asif vs The State Of Karnataka on 25 February, 2026
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NC: 2026:KHC-K:1889
CRL.P No. 200215 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. 200215 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. ASEEB @ ASIF PASHA
S/O ALLABAKSHI
AGE: 40 YEARS
OCC: ELECTRICIAN AND SUPPLIERS
R/O W.NO 1, KASAB WADI,
SINDHANUR , TQ: SINDHANUR
DIST: RAICHUR-584128
2. GANGAMMA W/O CHANNBASAVA
AGE: 25 YEARS
OCC: HOUSEHOLD
R/O NEAR KABARSTAN, INDIRA NAGAR
TQ: SINDHANUR
DIST: RAICHUR-584128
Digitally signed by
SHIVALEELA ...PETITIONERS
DATTATRAYA
UDAGI (BY SRI. SHIVANAND V. PATTANSHETTI., ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
THE STATE OF KARNATAKA
THROUGH SINDHANOOR POLICE STATION
DIST: RAICHUR-584128
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
...RESPONDENT
(BY SRI.VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD) U/S 483
OF BNSS (NEW), PRAYING TO GRANT THE REGULAR BAIL TO
THE PETITIONERS/ACCUSED NO.1 AND 2 IN C.C NO.4/2026
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NC: 2026:KHC-K:1889
CRL.P No. 200215 of 2026
HC-KAR
(SINDHANOOR PS CRIME NO.168/2025 DISTRICT RAICHUR)
PENDING ON THE FILE OF THE III ADDL. DIST. AND SESSIONS
JUDGE, RAICHUR, SITTING AT SINDHANUR, DISTRICT
RAICHUR FOR THE OFFENCES PUNISHABLE U/SECS.49,
103(1), 240 R/W 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
This petition is filed under Section 483 of BNSS, 2023 for
grant of regular bail in C.C No.4/2026, arising out of Crime
No.168/2025, registered by Sindhanoor Police, Raichur District,
for the offence punishable under Sections 49, 103(1) and 240
r/w Section 3(5) of BNS, 2023, pending on the file of Prl. Civil
Judge and JMFC, Sindhanur.
2. The factual matrix of the case is that, one Ramanna
i.e., the father of now deceased in this case, lodged a complaint
before the respondent-Police on 30.09.2025 alleging that, his
son married to accused No.2-Gangamma, 8 years prior to
lodging of the complaint and they were residing separately at
Sindhanur. On 14.06.2025, the said Gangamma informed the
complainant that her husband/ deceased died on 13.06.2025 at
Government Hospital, Sindhanur. Accordingly, the complainant
rushed to the said hospital and there came to know that his
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son's death was unnatural death, as such, he lodged a
complaint. Based on his complaint, Unnatural Death Report was
registered in UDR No.5/2025 on 14.06.2025. Thereafter, on
30.09.2025, the complainant visited the house of accused No.2
and enquired about the cause of death of his son. At that time,
accused No.2 made an extrajudicial confession with him that,
on 13.06.2025 at about 10.00 p.m., accused No.1 assaulted
Channabasava/deceased with club with an intention to commit
his murder. Due to the same, the deceased sustained injuries
on his right leg and hands and thereafter, accused Nos.1 and 2
shifted him to the above said hospital on 14.06.2025 and there,
he succumbed to the injuries. As such, the said fact was
informed by the complainant to the respondent Police and
accordingly, FIR came to be registered against these petitioners
in crime No.168/2025 under Sections 103(1) and 49 of BNS.
3. Later, the respondent-Police arrested these
petitioners on 01.10.2025 and produced before the learned
Magistrate and thereby the learned Magistrate remanded them
to judicial custody. Subsequently, completing the investigation
respondent Police laid charge against the petitioners/accused
Nos.1 to 2 for the offences punishable under Sections 49,
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103(1), 240 r/w Section 3(5) of IPC. Aggrieved by the
custodial incarceration, the petitioners/accused Nos.1 to 2 filed
bail petition before III Additional District and Sessions Judge,
Raichur sitting at Sindanur, in Crl.Misc.Nos.5017 and
5018/2026, the same was dismissed vide order dated
29.01.2026. Hence, this petition.
4. Heard the learned counsel for the petitioners and
the learned HGCP for the respondent-State.
5. Apart from urging several contentions, the learned
counsel for the petitioners submits that, implications of accused
persons was solely based on the extrajudicial confession made
by accused No.2 to the complainant after lapse of 3 ½ months
from the date of death of the deceased. Initially, an UDR
registered in UDR No.5/2025 and the entire case rests on the
circumstantial evidence. In such circumstances, he prays to
allow the petition.
6. Per contra, learned HGCP opposed the prayer on
the ground that, apart from an extrajudicial confession made
by accused No.2 to the complainant, the respondent-Police also
recorded the statements of CW.7 to CW.9, who were the last
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seen witnesses. They have seen the deceased with the
company of accused No.1 on the date of incident and according
to him, there are injuries sustained by the deceased. In such
circumstances, he prays to dismiss the petition.
7. I have given my anxious consideration both on the
submissions made by the learned counsel for the respective
parties and the documents made available on record.
8. As could be gathered from complaint averments,
the death of the deceased was caused on 14.06.2025 and the
same was informed by the complainant to the Jurisdiction
Police. Since the deceased sustained some injuries on his right
legs and hands, the respondent Police registered a report in
UDR No.5/2025. Further, after lapse of 3 ½ months, solely
based on the extrajudicial confession, the petitioners were
implicated in the crime. No doubt, the police have recorded the
statement of CW.7 to CW.9, who said to have been seen the
deceased with the company of accused No.1 on the date of
incident. However, their statement was recorded after lapse of
4 months i.e., on 02.10.2025. Further, post mortem report
also reveals that the cause of death was due to cardiac failure
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and the deceased had consumed ethanol alcohol at the time of
death. In such circumstances, a homicidal death of the
deceased itself is in dispute and now that charge sheet is also
laid against the petitioners and they are in custody since from
01.10.2025. Hence, their further custodial incarceration does
not call for.
9. Hence, without expressing any opinion on the
merits of the case, suffice to hold that the petitioners/accused
Nos.1 and 2 can be enlarged on regular bail.
10. Accordingly, the petition is allowed.
11. The petitioners/accused Nos.1 and 2 are directed to
be enlarged on bail in C.C No.4/2026, arising out of Crime
No.168/2025, registered by Sindhanoor Police, Raichur District,
for the offence punishable under Sections 49, 103(1) and 240
r/w Section 3(5) of BNS, 2023, pending on the file of Prl. Civil
Judge and JMFC, Sindhanur, subject to the following conditions:
a) Petitioners shall execute a personal bond
for a sum of Rs.1,00,000/- each with two
sureties for the likesum, to the satisfaction of
the jurisdictional Court;
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b) The petitioners shall appear regularly on
all the dates of hearing before the Trial Court
unless the Trial Court exempts their
appearance for valid reasons;
c) The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioners shall not involve in similar
offences in future;
e) The petitioners shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against them is disposed off.
f) The petitioners shall mark their attendance
before the Station House Officer, Sindhanoor
Police Station, on first Sunday of every month
between 10.00 a.m. and 01.00 p.m. till the
case registered against them is disposed off
before the Trial Court.
Sd/-
(RAJESH RAI K)
JUDGE
THM
List No.: 1 Sl No.: 12/CT-BH
