Karnataka High Court
Shri Jakir @ Jakirhusen vs The State Of Karnataka on 13 February, 2026
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CRL.P No. 200039 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200039 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
SHRI JAKIR @ JAKIRHUSEN
S/O BASHIRAHMED @ BASHIRSAB MANIYAR
AGED ABOUT 45 YEARS,
OCC: AGRICULTUJRE, MEMBER,
GRAM PANCHAYATH, DEVAR NIMBARAGI,
R/A DEVAR NIMBARAGI, TQ: CHADACHAN
DIST: VIJAYAPURA.
...PETITIONER
(BY SRI. ASHOK R KALYANSHETTY.,ADVOCATE)
AND:
Digitally signed by
SHIVALEELA
DATTATRAYA UDAGI
Location: HIGH
THE STATE OF KARNATAKA
COURT OF (CHADACHAN PS)
KARNATAKA
BY IT'S STATE PUBLIC PROSECUTOR
OFFICE OF ADVOCATE GENERAL,
HIGH COURT PREMISES,
KALABURAGI, KALABURAGI-580001
...RESPONDENT
(BY SRI.SIDDALING P PATIL, ASPP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), BY THE ADVOCATE FOR THE PETITIONER
PRAYING TO ENLARGE HIM ON BAIL ON SUCH TERMS AND
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CONDITIONS AS DEEMED FIT IN CHADACHAN P.S.
CR.NO.120/2025/ CC NO.11117 ON THE FILE OF JMFC INDI
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS U/Ss
103(1), 189(2), 191(2), 191(3), 49, 61(2), 239, 351(3), 190
OF BNS 2023 AND 25(1)(a), 27(3) AND 29(b) OF INDIAN ARMS
ACT
THIS PETITION, COMING ON FOR PRONOUNCEMENT OF
ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON’BLE MR. JUSTICE RAJESH RAI K
CAV ORDER
This petition is filed under Section 483 of BNSS, 2023 by
the petitioner/accused No.5 for grant of bail in
C.C.No.11117/2025 arising out of Crime No.120/2025 dated
03.09.2025, registered by Chadachan Police, for the offences
punishable under Sections 103(1), 189(2), 191(2), 191(3), 49,
61(2), 239 and 251(3) r/w Section 190 of BNS, 2023 and
Section 29(b), 27(3), 25(1A) of Arms Act, 1959, pending on
the file of Civil Judge and JMFC Court, Indi.
2. The factual matrix of the case is that, on
03.09.2025 the complainant Smt. Rajashree Biradar i.e., wife
of deceased-Bhimanagouda lodged the complaint before the
respondent-Police alleging that on the same day, her husband
had been to saloon for hair cut on a motorcycle along with one
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Anil and Lachanya. Later, one of the villagers called her and
informed that her husband was done to death by unknown
persons in the saloon by firing on him. Immediately, she
rushed to the spot and saw her husband’s corpus on the chair
of saloon and observed the gun shot injuries on her husband’s
body. On enquiry of the owner of saloon, it was revealed that,
while the deceased was in the saloon, one Wasim i.e., accused
No.1, Rizwal i.e., accused No.2, Maulasab i.e., accused No.3
and Firoz i.e., accused No.4, entered his shop and fired the
deceased on his head. Later, they threw chilli powder on his
eyes and thrown him out of the saloon. The said aspect of the
matter was also informed by the other customers, who were
present in the saloon.
3. According to the complainant, in the year 2023, this
petitioner/accused No.5 had quarreled with one Vishwanath
Rathod, who is the Panchayath Development Officer of
Devaranimbaragi Village, for that, criminal case was registered
against him under the provisions of SC/ST (Prevention of
Atrocities) Act [for brevity, “SC/ST (POA) Act”]. As such,
accused No.1 and others were nourishing ill will against the
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deceased, since on behest of deceased, the PDO filed a false
complaint against accused No.5 and made him to suffer judicial
custody. With these facts, the complainant lodged the
complaint. On the strength of said complaint, the respondent-
Police registered case in Crime No.120/2025 against the
accused Nos.1 to 4 for the offences punishable under Sections
103(1) r/w Section 3(5) of BNS, 2023, and Section 29(b),
27(3) and 25(1A) of Arms Act, 1959.
4. During the course of investigation, accused Nos.1 to
4 arrested on 03.09.2025. Based on their voluntary
statements, this petitioner was implicated in the alleged crime
and arrested on 04.09.2025. After completing investigation, the
respondent-Police laid charge sheet against the petitioner and
others for the offences punishable under Sections 103(1),
189(2), 191(2), 191(3), 49, 61(2), 239 and 251(3) r/w Section
190 of BNS, 2023 and Section 29(b), 27(3), 25(1A) of Arms
Act, 1959, by arraying the petitioner as accused No.5. Hence,
the petitioner approached Prl. District and Sessions Judge,
Vijayapura, for grant of bail in Crl.Misc.No.1558/2025, which
was rejected vide order dated 21.11.2025. Hence, this petition.
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5. Heard learned counsel for the petitioner and learned
Addl. SPP for the respondent-State.
6. Apart from urging several contentions, learned
counsel for the petitioner primarily contended that, this
petitioner being accused No.5, neither present in the scene of
occurrence nor participated in the commission of the offences.
As per the complaint averments, accused Nos.1 to 4 entered
the saloon and shot the deceased with pistol by throwing chill
powder on the eyes of the owner of said saloon. The
eyewitnesses-CWs.8 to 12 and 18 also stated that this
petitioner has not participated in the alleged crime. The only
allegation in the charge sheet against this petitioner is, he
hatched conspiracy and instigated accused Nos.1 to 4 to
commit the murder of deceased and the said allegation is based
on the voluntary statements of co-accused. Accordingly, he
prays to allow the petition.
7. Per contra, learned Addl. SPP for the respondent-
State opposed the bail petition on the ground that, at the
instance of this petitioner, accused Nos.1 to 4 committed the
murder of deceased and there is a clear motive attributes
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against this petitioner that he was present at vicinity of the
spot of incident and by instigating accused Nos.1 to 4, sent
them to the saloon to do away the life of deceased. As such,
the prosecution has placed sufficient materials to prove prima
facie case against the petitioner for the offences he has been
charge sheeted. Hence, he prays to dismiss the bail petition.
8. I have given my anxious consideration both on the
submissions made by the learned counsel for respective parties
and the documents available on record.
9. On perusal of the complaint averments,
immediately after the incident, the complainant visited the
saloon and saw her husband’s corpus and on enquiry, it was
revealed by the eyewitnesses that accused Nos.1 to 4 entered
the saloon and committed the murder of her husband by firing
on him. Accordingly, FIR came to be registered against accused
Nos.1 to 4. The eyewitnesses to the incident i.e., CWs.8 to 12
and 18 stated that before the said incident, this petitioner was
present near the saloon and whispered to accused Nos.1 to 4
by pointing towards the saloon and left the place. Thereafter,
accused Nos.1 to 4 proceeded towards the saloon and
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committed the murder of deceased. Except these statements,
no other materials placed against this petitioner in the charge
sheet.
10. No doubt in the complaint it is alleged that this
petitioner also nourishing ill-will against the deceased for
supporting one Vishwanath Rathod, who is the Panchayath
Development Officer of Devaranimbaragi Village to file a case
against him under the provision SC/ST (POA) Act, however, the
incident was caused in the year 2023.
11. Now, the respondent-Police have completed the
investigation and laid charge sheet against the petitioner and
others, the primary allegation for the offence punishable under
Section 103 of BNS, 2023, attributes against accused Nos.1 to
4, this petitioner being the conspirator and member of unlawful
assembly, the same has to be tested in detail trial, till such
time, custodial incarceration of the petitioner/accused No.5
does not call for. Hence without expressing any opinion on the
merits of the case, suffice to hold the petitioner/accused No.5
can be enlarged on bail.
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12. Accordingly, the petition is allowed.
13. The petitioner/accused No.5 is directed to be
enlarged on bail in C.C.No.11117/2025 arising out of Crime
No.120/2025 dated 03.09.2025, registered by Chadachan
Police, for the offences punishable under Sections 103(1),
189(2), 191(2), 191(3), 49, 61(2), 239 and 251(3) r/w Section
190 of BNS, 2023 and Section 29(b), 27(3), 25(1A) of Arms
Act, 1959, pending on the file of Civil Judge and JMFC Court,
Indi, subject to the following conditions:
i. 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;
ii. The petitioner shall appear regularly on all
the dates of hearing before the Trial Court
unless the Trial Court exempts his
appearance for valid reasons;
iii. The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
iv. The petitioner shall not involve in similar
offences in future;
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v. The 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.
vi. The petitioner shall mark his attendance
before the Station House Officer, Chadachan
Police Station, on first 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)
JUDGEHKV
List No.: 1 Sl No.: 6
CT-BH
