SRI. MOHAMMADIRFAN ALIAS IRFAN S/O UMAR SHAIKH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16996
CRL.P No. 102482 of 2026
CNR: KAHC020168932026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102482 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. SRI. MOHAMMADIRFAN ALIAS IRFAN
S/O UMAR SHAIKH,
AGED ABOUT 34 YEARS,
OCCUPATION: COOLIE,
RESIDING OF: HALYAL ROAD,
NEAR WATER TANK, ATHANI,
TALUK: ATHANI,
DISTRICT: BELAGAVI - 591 304.
2. SRI. BILAL ALIAS HAZARATBILAL
S/O MOULA ALIAS MOULASAB ALIAS MALALI MULLA,
AGED ABOUT 27 YEARS,
OCCUPATION: BUSINESS,
RESIDING OF: SHANKAR NAGAR,
TALUK: ATHANI,
DISTRICT: BELAGAVI - 591 304.
…PETITIONERS
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
(BY SRI. RAJENDRA R. PATIL, ADVOCATE FOR
SRI. SRINAND A. PACHAPURE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH ATHANI POLICE STATION,
NOW REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
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NC: 2026:KHC-D:16996
CRL.P No. 102482 of 2026
CNR: KAHC020168932026
DHARWAD BENCH,
AT DHARWAD - 580 011.
…RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) PRAYING TO GRANT
ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO.2
AND 9 IN THE EVENT OF THEIR ARREST IN CRIME NO.
182/2025 REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 189(2), 191(2), 191(3), 103(1), 126(2), 352,
49 AND 238 READ WITH SECTION 190 OF THE BHARATIYA
NYAYA SANHITA, 2023, BY ATHANI POLICE STATION, PENDING
ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, ATHANI.
THIS PETITION, COMING ON FOR FURTHER AGRUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri Rajendra R. Patil for Sri Srinand A Pachhapure
learned counsel for the petitioners and Sri Jairam Siddi, learned
High Court Government Pleader, for respondent – State.
2. This petition is filed by accused Nos.2 and 9 in
connection with Crime No.182/2025 of Athani Police Station,
Belagavi District registered for the offences punishable under
Sections 189(2), 191(2), 191(3), 103(1), 126(2), 352, 49 and
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238 read with Section 190 of Bharatiya Nyaya Sanhita, 2023
(“BNS” for short).
3. Brief facts of the case of the prosecution are as under:
On the intervening night of 28.04.2025 and 01.05.2025,
some unknown persons murdered the deceased, Shivadas
Kosti, and threw his dead body to a vacant plot No.104 of
Beersiddeshwar Nagar, Athani, in order to destroy the evidence
of the offences. Hence, on 01.05.2025, the defacto complainant
lodged a complaint. Pursuant to which the FIR was registered
and investigation was taken up.
4. During the course of the investigation, on 07.05.2025,
the Investigating Officer secured accused No.1, interrogated
him, and recorded his voluntary statement. Pursuant to his
voluntary statement, the Investigating Officer secured accused
Nos.2 to 11, and in-turn, they were remanded to judicial
custody.
5. The learned counsel for the petitioners contended that
the petitioners are innocent and have been falsely implicated in
this case. It is contended that accused No.1, being the Director
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CNR: KAHC020168932026
of Athani Sugar Company, he did not commit any offence, and
the Investigating Officer has not recovered any incriminating
articles from the petitioners. Although the prosecution’s case is
based on circumstantial evidence, the Investigating Officer has
created an eyewitness to the incident. If the case were truly
dependent on an eyewitness, they would have reported the
incident to the jurisdictional Police immediately. The
investigation is about to be completed and the petitioners are
willing to cooperate with the investigating agency. The
petitioners are permanent residents of their respective places of
residence, as indicated in the cause title. Therefore, the learned
counsel prayed for grant of bail in favour of the petitioners.
6. Per contra , the learned High Court Government Pleader
contended that the petitioners are involved in a heinous offence
punishable under Section 103 of the Bharatiya Nyaya Sanhita,
2023, and that there is a prima facie case against them.
Accused No.1 gave a voluntary statement disclosing his
involvement and the involvement of the other accused persons.
If the petitioners are granted bail, they may tamper with the
prosecution witnesses and may hamper the progress of the
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trial. Therefore, considering the gravity of the offences, the
petitioners are not entitled to bail. Accordingly, the learned
HCGP prayed to reject the petition.
7. Perused the materials available on record, including
the FIR and the complaint. It shows that alleged incident
occurred between 28.04.2025 and 01.05.2025. According to
accused No.1’s voluntary statement, on 28.04.2025, the
deceased, Shivadas Kosti, came onto the property of the
accused with an intent to commit theft. As a result, all the
accused apprehended him, tied his hands and feet with a rope,
and repeatedly assaulted him with iron pipe, clubs, etc.
Thereafter, they abandoned his body near the
Beerasiddeshwara city plot. The body was discovered two days
later i.e., on 01.05.2025, at 11:00 a.m. On 07.05.2025,
accused No.1 was arrested by the Investigating Officer, who
recorded his voluntary statement. This statement revealed that
accused Nos.1 to 11 had assaulted the deceased with iron pipes
and clubs, inflicting severe injuries. As per the materials on
record, nothing was recovered from accused Nos.1, 5, 6, and
11. The investigation also revealed that the deceased,
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Shivadasa Kosti was attempting to commit theft when he was
assaulted by the accused.
8. The learned HCGP has submitted that there are eight
eyewitnesses to the incident, and their statements have been
recorded by the Investigating Officer. However, it was noted
that immediately after the incident, none of the eyewitnesses
had informed the jurisdictional Police about the alleged offence.
Furthermore, in the First Information Report, there is no
mention of any alleged eyewitnesses. On perusal of the
prosecution materials, it appears that the prosecution case
rests on circumstantial evidence. At this stage, there is
insufficient material to connect these petitioners to the alleged
crime.
9. This Court granted bail in favour of accused Nos.1, 5, 6
and 11 in Crl.P.No.102206/2025, Crl.P.No.102299/2025 and
Crl.P.No.102332/2025 and accused Nos.7 and 8 were granted
anticipatory bail by this Court in Crl.P.No.104339/2025 dated
25.11.2025. The allegations against the present
petitioners/accused Nos.2 and 9 and accused Nos.1, 5, 6, 7, 8
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and 11 are similar. Considering the facts and circumstances of
the case, including the nature of the allegations against the
petitioners, the gravity of the offences, the severity of the
potential punishment, and the likelihood of the petitioners
absconding or fleeing justice if released on bail, as well as their
character, antecedents, and the risk of tampering with
witnesses and on the ground of parity, the petitioners are
entitled to be granted bail, subject to certain conditions.
Accordingly, I proceed to pass the following:
ORDER
Criminal Petition is hereby allowed . The petitioners –
accused Nos.2 and 9 are ordered to be enlarged on bail in
Crime No.182/2025 of respondent Police on they executing
personal bond in a sum of Rs.2,00,000/-(Rupees Two Lakh
only) each with two sureties for the like sum to the satisfaction
of jurisdictional Court, subject to the following conditions:
i) The petitioners shall not tamper with the
prosecution witnesses and shall not threaten
the witnesses;
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ii) The petitioners shall cooperate with the
Investigating Officer till the conclusion of the
investigation.
iii) The petitioners shall mark their attendance
before the respondent – Police on 1st and 16th
of every month in between 10:00 a.m. to 05:00
p.m. for a period of six months or till filing of
the final report whichever is earlier.
iv) The petitioners shall appear before the Court
regularly without fail; and
v) The petitioners shall not involve themselves in
similar offences.
vi) Any violation of the condition imposed above
would enable the prosecution to seek for
cancellation of bail.
NOTE : The above observation is made only for disposal of this
petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MN /CT-SK
List No.: 1 Sl No.: 19