- 1 - NC: 2025:KHC-K:2121 CRL.P No. 200567 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200567 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHIVANAGOUDA S/O PAMPANGOUDA PATIL, AGE:50 YEARS, OCC: AGRICULTURE, R/O NANDARAGI, TQ. CHADACHAN, DIST. VIJAYAPURA- 599202. …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH ZALAKI PS, ZALAKI, REPRESENTED BY ITS, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), U/S 483 OF BNSS (NEW), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED /PETITIONER ON REGULAR BAIL IN CRIME NO.126/2024 REGISTERED BY THE ZALAKI PS, ZALAKI, FOR THE OFFENCES PUNISHABLE U/S 103(1), 238 OF BNS, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2121 CRL.P No. 200567 of 2025 PENDING ON THE FILE THE CIVIL JUDGE AND JMFC COURT, INDI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused/petitioner seeking regular bail in Crime No.126/2024 registered by the Zalaki Police Station, for the offences punishable under Sections 103(1), 238 of BNS, 2023. 2. Factual matrix of the case are as under: The father of the complainant was killed on 18.12.2024 in between 10-00 a.m. to 09-30 p.m. It is further stated that the persons who killed his father had intention to screen the offence, depicted that as if his father had committed suicide by hanging to the Neem tree. He suspected that it is a murder and lodged a complaint and sought for enquiry to be done. Based on the - 3 - NC: 2025:KHC-K:2121 CRL.P No. 200567 of 2025 information, a complaint came to be registered in Crime No.126/2024 of the respondent/police. 3. It is the submission of the learned counsel for the petitioner that the entire case is based on the circumstantial evidence. The respondent/police have arrested the petitioner on suspecting his involvement in the case. When the case is based on circumstantial evidence, the bail application in such cases has to be considered leniently. Therefore, the petitioner may be released on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 4. Per contra, the learned High Court Government Pleader vehemently opposed to the said submissions and prays to dismiss the petition by stating that the investigation is under progress. The accused had to be undergone various tests such as, brain mapping, lie detecting test etc. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to dismiss the petition. - 4 - NC: 2025:KHC-K:2121 CRL.P No. 200567 of 2025 5. Having heard the learned counsel for the respective parties and perused the averments of the complaint, it would indicate that the entire case is based on the circumstantial evidence. None of the witnesses have spoken about the involvement of this petitioner. The Investigating Agency is trying to bring out the truth of the case by subjecting the accused/petitioner for polygraph test and brain mapping test etc. 6. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. 7. Hence, I proceed to pass the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner is enlarged on bail in Crime No.126/2024, registered by the Zalaki Police Station, for the offences punishable under Sections 103(1) and 238 of BNS, pending on the file of the Civil Judge and JMFC Court, Indi, - 5 - NC: 2025:KHC-K:2121 CRL.P No. 200567 of 2025 by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or tamper the prosecution witnesses. b. The petitioner shall appear before the Trial Court on all hearing dates without fail. c. The petitioner shall co-operate for investigation as and when required. d. The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 8 CT:PK