1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 2^nd DAY OF AUGUST 2022

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.102078/2022

BETWEEN:

NAVEEN S/O SHIVANAND PERUR

AGE.30 YEARS, OCC. BUSINESS

R/A DESAI ONI, OPP NALAMMANA TEMPLE,

INDIRANAGAR, HUBBALLI-580023

ALSO R/AT. BHAVANA LAYOUT,

NEAR SIDDHAROODMATH, OLD HUBBALLI-580020.

...PETITIONER

(BY SRI.GOURISHANKAR MOT, ADVOCATE)

AND:

THE STATE OF KARNATAKA

OLD HUBBALLI POLICE STATION, HUBBALLI

REPRESENTED BY ITS STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD

... RESPONDENT

(BY SRI. PRASHANTH V. MOGALI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON

BAIL IN OLD HUBBALLI CRIME NO.32/2022 FOR THE OFFENCE

U/S 302, 201, 212 R/W SECTION 149 OF IPC WHICH IS NOW

REGISTERED IN CC NO.3393/2022 PENDING ON THE FILE OF 4

TH

ADDITIONAL

CIVIL

JUDGE

AND

JMFC,

AT HUBBALLI.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

2

ORDER

Accused No.2 has filed this petition under Section

439 of The Code of Criminal Procedure, 1973 (hereinafter

referred to as the 8Cr.P.C.9, for brevity) seeking bail in

Old Hubballi Police Station Crime No.32/2022 registered

for the offences punishable under Sections 302, 201 and

212 read with Section 149 of The Indian Penal Code

(hereinafter referred to as the 8IPC9, for brevity).

2.

The

case

of

the

prosecution

is

that,

one

Smt.Shahanaj @ Radhika wife of Akbhar Mulla has lodged

a complaint stating that on 11.03.2022 between 1:30am

to 2:00am, the offence has taken place behind PNT

quarters, Arvind Nagar, Old Hubballi on public road when

the deceased was asking accused No.1 to repay the loan

borrowed by him and at that time, accused No.1 called

accused No.2 and when accused No.2 came there, the

deceased questioned accused No.1 as to why he intimated

to accused No.2 regarding the same and at that time, the

deceased got angry and then accused No.2 assaulted the

3

deceased with

chopper and

thereafter accused No.1

assaulted the deceased with long chopper which he took

out from his car parked nearby and committed his murder.

The said compliant came to be registered in Crime

No.32/2022

for

the

aforesaid

offences.

The

petitioner/accused

No.2

came

to

be

arrested

on

12.03.2022 and he is in judicial custody. The petitioner

filed Criminal Miscellaneous No.5331/2022 seeking bail

and the same came to be rejected by the learned V

Additional District and Sessions Judge, Dharwad, sitting at

Hubballi by order dated 16.07.2022. Therefore, the

petitioner is before this Court seeking bail.

3.

Heard the arguments of the learned counsel

appearing for the petitioner and the learned High Court

Government Pleader for the respondent-State.

4.

It would be the contention of the learned

counsel for the petitioner that, there are no eyewitnesses

to the incident and the case of the prosecution is based on

circumstantial evidence. It is his contention that, the FIR

4

is registerrd only against accused No.1 and there is no

mention of name of this petitioner in the remand yadi of

accused No.1. The name of this petitioner came to be

disclosed only in the voluntary statement of accused No.1

recorded on 14.03.2022 but the petitioner was arrested

prior to that i.e., on 12.03.2022. It is his further

submission that, except in the voluntary statement of

accused No.2 and some recovery of vehicles, clothes etc,

there are no other material connecting this petitioner to

the alleged crime. As the charge sheet is filed, the

petitioner is not required for any custodial interrogation.

With this, he prayed for allowing the petition.

5.

Per contra, learned High Court Government

Pleader contends that, the petitioner/accused No.2 in his

voluntary statement has clearly stated his involvement in

the commission of murder of the dece