- 1 - NC: 2025:KHC-K:2597 CRL.P No. 200675 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200675 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ARUNKUMAR S/O HANUMANTH NAIK, AGE:20 YEARS, OCC: COOLIE WORK, R/O. KILLARAHATTI TANDA, TQ.LINGASUGUR, DIST.RAICHUR-584122. …PETITIONER (BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, MUDGAL POLICE STATION, DIST.RAICHUR-584125, R/BY ADDL. SPP KALABURAGI, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P. IS FILED U/SEC 483 OF BNSS,2023 PRAYING TO, GRANT THE REGULAR BAIL TO THE PETITIONER/ ACCUSED NO. 1 IN C.C NO.73/2025 (MUDGAL P.S CRIME NO.133/2024, DISTRICT RAICHUR) FOR THE OFFENCE PUNISHABLE U/SEC 189(2), 191(2), 191(3), 61(1), 137(2), 115(2), 352, 103, 238, 49 R/W 190 OF BNSS 2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC LINGASUGUR, DISTRICT RAICHUR. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2597 CRL.P No. 200675 of 2025 THIS PETITION COMING ON FOR CLARIFICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner who is accused No.1 has approached this Court seeking regular bail in C.C.No.73/2025 arising out of Crime No.133/2024, registered by Mudgal Police Station, Raichur for the offences punishable under Sections 189(2), 191(2), 191(3), 61(1), 137(2), 115(2), 352, 103, 238, 49 read with Section 190 of BNSS, 2023. 2. Factual matrix of the case: The case of the complainant is that accused No.1 – Arunkumar was loving the daughter of one Ambamma. On 07.06.2023, the petitioner trespassed the house of the Ambamma and kidnapped her minor daughter and took her to Bengaluru. He stated to have committed sexual assault on her. On 09.03.2024, accusedNo.1 went to the house of Ambamma and threatened her and also assaulted - 3 - NC: 2025:KHC-K:2597 CRL.P No. 200675 of 2025 her. In this context, a case came to be registered by the respondent – police for the offences punishable under Sections 448, 504, 366, 376(2)(i)(n), 323, 506 read with Section 34 of IPC and under Sections 4 and 6 of the POCSO Act. The accused No.1 after releasing from the judicial custody in Crime No.29/2024, stated to have kidnapped said Ambamma and committed her murder in pursuance of the common intention with the other accused. The jurisdictional police after registering the case, conducted investigation and submitted the charge sheet. 3. Heard Sri.Shivanand V. Pattanashetti, learned counsel for the petitioner and Sri.Gopal Krishna Yadav, learned High Court Government Pleader for the respondent. 4. It is the submission of the learned counsel for the petitioner that the petitioner is arrayed as accused No.1. The entire case is based on the circumstantial evidence. Merely because accused No.1/petitioner - 4 - NC: 2025:KHC-K:2597 CRL.P No. 200675 of 2025 involved in another case, that may not be a ground to come to the conclusion that he had committed the offence of kidnap and murder. 5. It is further submitted that the Co-ordinate Bench of this Court had granted bail to accused No.1 in Criminal Petition No.200506/2025. It is also submitted that since the petitioner has not committed any offence as alleged in the complaint or charge sheet, he may be enlarged on bail by imposing suitable conditions and that will take care of the apprehension expressed by the prosecution. 6. It is further submitted that the petitioner is aged about 20 years and in case, he is continued in judicial custody, there are chances of influencing by other inmates of judicial custody and may become criminal. Making such submissions, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner was an - 5 - NC: 2025:KHC-K:2597 CRL.P No. 200675 of 2025 accused in earlier case in Crime No.29/2024 registered by the respondent – police, wherein the deceased herein had lodged a complaint against the petitioner. Having nurtured the ill-will against said Ambamma, who is the deceased herein, joined the hands with other accused and committed her murder by kidnapping her. As he has violated the conditions of the earlier bail order, the bail cannot be granted to the petitioner in the present case. Making such submissions, he prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and charge sheet, it appears from the records that the entire case is based on the circumstantial evidence. Even though, it is alleged that the petitioner had committed the offence against a minor daughter of the deceased – Ambamma and said Ambamma had lodged a complaint before the respondent – police in Crime No.29/2024, as he has committed rape against her daughter. - 6 - NC: 2025:KHC-K:2597 CRL.P No. 200675 of 2025 9. Be that as it may, since the entire case is based on the circumstantial evidence, suspecting the involvement of the petitioner in committing the murder of the deceased, may not be the ground to deny the bail. It is needless to say that, in a case rests on circumstantial evidence, the Courts are required to consider liberally the bail application. It is needless to say that when the case is based on the circumstantial evidence, the possibility of rendering the conviction would always be bleak. Having said thus, I proceed to pass the following: ORDER The Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in in C.C.No.73/2025 arising out of Crime No.133/2024, registered by Mudgal Police Station, Raichur for the offences punishable under Sections 189(2), 191(2), 191(3), 61(1), 137(2), 115(2), 352, 103, 238, 49 read with Section 190 of BNSS, 2023, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One - 7 - NC: 2025:KHC-K:2597 CRL.P No. 200675 of 2025 Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: i. The petitioner shall not threaten or tamper the prosecution witnesses. ii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. iii. The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. iv. The petitioner shall not commit any single offence other than these two cases till disposal of the case. Liberty is reserved to the complainant or the prosecution to take appropriate steps to cancel the bail, if need arises. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 16 CT:PK