- 1 - NC: 2025:KHC-K:2042 CRL.P No. 200506 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 01ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200506 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PRAKASH S/O UMAPATI NAIK, AGE:30 YEARS, OCC: AGRICULTURE, R/O. KILARAHATTI BHIMANAYAKANA TANDA, TQ. LINGASUGUR, DIST. RAICHUR-584 122. …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, MUDGAL POLICE STATION, DIST. RAICHUR-584 125, R/ BY ADDL. SPP KALABURAGI, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P. IS U/S 483 OF BNSS, 2023 PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO. 4 IN CC NO.73/2025 (MUDGAL P.S CRIME NO.133/2024 DISTRICT RAICHUR) FOR THE OFFENCES PUNISHABLE U/SECS. 189(2), 191(2), 191(3), 61(1), 137(2), 115(2), 352, 103, 238, 49 R/W 190 OF BNS,2023 PENDNG ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC LINGASUGUR, DISTRICT RAICHUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2042 CRL.P No. 200506 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner/accused No.4 is before this Court seeking regular bail in Crime No.133/2024 of Mudgal Police Station registered for the offences punishable under Sections 189(2), 191(2), 191(3), 61(1), 137(2), 115(2), 352, 103, 238, 49 r/w Section 190 of BNS, 2023. Brief facts of the case: 2. It is the case of the prosecution that accused No.1 namely, Arunkumar and his family members were nurturing ill-will against the family members of the complainant, as there was a case registered against accused No.1 at Mudgal Police Station in respect of offences under the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’). 3. The said complaint had been lodged by the mother of the complainant. The family members of - 3 - NC: 2025:KHC-K:2042 CRL.P No. 200506 of 2025 accused No.1 went to the house of the complainant and requested the complainant to withdraw the complaint, which was filed against the accused No.1. However, the family members of the complainant did not heed their words. 4. On 13.10.2024 around 2.00 p.m., the mother of the complainant in this case was found missing from the house. On the following day, the complainant stated to have noticed the dead body of his mother. Hence, he lodged a complaint against accused Nos.1 to 4. Based on the complaint, FIR came to be registered against accused Nos.1 to 4. The petitioner is arrayed as accused No.4 and he was arrested by the respondent-Police on 19.10.2024. 5. It is the submission of the learned counsel for the petitioner that the allegations made against the petitioner are baseless and bald. The entire case rests on circumstantial evidence. Though, there are allegations made against the petitioner that the petitioner and others have committed the murder of the deceased, the said - 4 - NC: 2025:KHC-K:2042 CRL.P No. 200506 of 2025 history of committing murder, was based on the statement of the co-accused. The same is not admissible in law. 6. The petitioner is innocent of the alleged offences and he is aged about 30 years and the permanent resident of Kilarahatti, Bhimanayakana Tanda and working as agriculturist. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader vehemently submitted that, the statement of CW-9, who is the witness to the incident would indicate that accused Nos.1 to 4 have committed the murder of the deceased on the pretext of ill-will. The motive for the said murder was that the deceased had lodged a complaint against the accused No.1 for the offences under the POCSO Act. Though the family of the accused requested the deceased to withdraw the complaint, she did not bother much to withdraw the complaint. Therefore, the accused Nos.1 to 4 have kidnapped the complainant and - 5 - NC: 2025:KHC-K:2042 CRL.P No. 200506 of 2025 committed her murder. Hence, it is not appropriate to grant any relief as prayed for. Making such submissions, learned High Court Government Pleader prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the petitioner is arrayed as accused No.4 and he is stated to have committed the murder of the deceased along with other accused. 9. The entire case is based on the circumstantial evidence. Even though it is stated that there is a motive to commit the murder of the deceased, prima facie the said ground alone is not sufficient to connect the accused with the crime. Prima facie, I am of the considered opinion that the petitioner has made out a case to grant bail. 10. Hence, I proceed to pass the following: - 6 - NC: 2025:KHC-K:2042 CRL.P No. 200506 of 2025 ORDER i. The criminal petition is allowed. ii. The petitioner is ordered to be enlarged on bail in C.C.No.73/2025, pending on the file of the Additional Civil Judge and JMFC, Lingasugur, arising out of Crime No.133/2024 registered by Mudgal Police Station, for the offences punishable under Sections 189(2), 191(2), 191(3), 61(1), 137(2), 115(2), 352, 103, 238, 49 r/w Section 190 of BNS, 2023, on executing personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not hamper the proceedings of the Trial Court in any manner. b. The petitioner shall not threaten or tamper the prosecution witnesses. - 7 - NC: 2025:KHC-K:2042 CRL.P No. 200506 of 2025 c. The petitioner shall appear before the Trial Court on all dates of hearing without fail. Sd/- (S RACHAIAH) JUDGE TMP List No.: 1 Sl No.: 24 CT:PK