IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200121 OF 2025 (439(Cr.PC)/483(BNSS))

BETWEEN:

MUJAMIL S/O HASIMKHADRI INAMDAR, AGE: 22 YEARS, OCC: LABOUR, R/O. INAMDAR COLONY, NOW AT SIDDAGANGA SCHOOL KANAKADAS BADAVANE VIJAYAPURA, DIST.VIJAYAPURA – 586101 …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH APMC POLICE STATION, GOLGUMBAZ CIRCLE DIST.VIJAYAURA - 586101 REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH.

…RESPONDENT (BY SMT. MAYA T.R., HCGP)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), U/S 483 OF BNSS(NEW), PRAYING TO ALLOW THE PETITION THEREBY ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME NO.47/2024 REGISTERED BY APMC POLICE STATION, VIJAYAPURA DISTRICT VIJAYAPURA, AND CHARGE SHEETED FOR THE OFFENCES PUNISHABLE SECS. 109, 120-B, 302, 201 R/W 149 OF IPC, PENDING IN CC NO.1846/2024 ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND CJM COURT, VIJAYAPURA.

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

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused No.2 in Crime No.47/2024 registered by APMC Police Station, Vijayapura, for the offences punishable under Sections 109, 120B, 302, 201 read with Section 149 of IPC, is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime 47/2024 was registered by APMC Police Station, Vijayapura, initially for the offences punishable under Sections 302, 201 read with Section 34 of IPC, against one Khalid Inamdar and others on the basis of the first information dated 19.05.2024, received from Sri. Ganesh Pawar, the brother of deceased Rohit. During the course of investigation of the case, the petitioner herein who was arrayed as accused No.2 in the FIR was arrested on 21.05.2024 and subsequently remanded to judicial custody. The investigation of the case is completed and the charge-sheet has been filed and in the charge- sheet, the petitioner is arrayed as accused No.2. His bail application filed before the jurisdictional Sessions Court in Criminal Misc. No.1693/2024 was rejected on 16.11.2024.

Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that, the petitioner is a youngster aged about 22 years having no other criminal antecedents. He is in the custody for the last more than eight months. The investigation of the case is completed and the case of the prosecution is based on the circumstantial evidence. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader has opposed the petition. She submits that, there are strong circumstances as against the accused person. The sample of finger print that was secured in the present case is matching with the finger print of the petitioner and his footwear also was found at the spot of the crime. The petitioner had a strong motive to commit the murder of the deceased. Accordingly, she prays to dismiss the petition.

6. FIR in the present case was registered against Khalid Inamdar and others on the basis of the first information dated 19.05.2024 received from Ganesh, who is the brother of deceased Rohit. In the first information, it is averred that Rohit, who had left the house on 18.05.2024 at about 10.00 a.m. had not returned home on the said day. At about 2.30 a.m. on 19.05.2024, first informant allegedly received a phone call from his relative, who informed him that Khalid Inamdar and others had committed the murder of Rohit. Thereafter, the first informant and his relatives went to the spot of crime and after seeing the dead body of Rohit, the first informant had approached the police and based on his first information, FIR was registered against three named accused and others. During the course of investigation,