- 1 - NC: 2025:KHC-K:2645 CRL.P No. 200723 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200723 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: LAXMAN S/O BHEEMAPPA TALAWAR, AGE: 23 YEARS, OCC: AGRICULTURE, R/O GANI, TQ. NIDAGUNDI, DIST. VIJAYAPURA-586 101. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH NIDAGUNDI POLICE STATION, NIDAGUNDI CIRLCE, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALBURAGI BENCH-585 103. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO ALLOW THE PETITIONER AND THEREBY ENLARGE THE PETITIONER/ ACCUSED NO.1 ON BAIL IN CRIME NO.28/2024 REGISTERED Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2645 CRL.P No. 200723 of 2025 BY NIDAGUNDI POLICE STATION, DISTRICT VIJAYAPUR CHARGE SHEETED FOR THE OFFENCES PUNISHABLE U/SECS. 120-B, 302, 201 R/W 34 OF IPC, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, VIJAYAPURA. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.28/2024 registered by Nidagundi Police Station, Vijayapur for the offences punishable under Sections 120-B, 302, 201 read with Section 34 of IPC and Sections 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.28/2024 was registered by Nidagundi Police Station, Vijayapur against unknown - 3 - NC: 2025:KHC-K:2645 CRL.P No. 200723 of 2025 persons initially for the offence punishable under Section 302 of IPC based on the first information dated 19.03.2024 received from one Rachappa, who is the brother of deceased Somaninga. During the course of investigation of the case, the petitioner herein was arrested on 23.03.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner and two others. The petitioner has been arrayed as accused No.1 in the charge sheet. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.393/2025 was rejected on 01.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR in the present case was initially registered against unknown persons after the dead body of Somaninga and Parvatawwa, who is the mother of the petitioner herein were found. During the course of investigation, the petitioner and two others were arrested - 4 - NC: 2025:KHC-K:2645 CRL.P No. 200723 of 2025 on 23.03.2024. Investigation of the case is completed and charge sheet has been filed against the accused persons. As per the charge sheet allegations, the mother of the petitioner viz., Parvatawwa had illicit relationship with Somaninga and because of this illicit relationship, the petitioner was finding it difficult to get proposal for the marriage of his younger sister. It is in this background, accused No.1/petitioner allegedly conspired with his friends, who are accused Nos.2 and 3 to commit the murder of Somaninga and Parvatawwa and in furtherance of said conspiracy, on 18.03.2024, the petitioner/accused No.1 allegedly made Somaninga and Parvatawwa to fall from his bike and thereafter all the accused persons assaulted them with deadly weapons and committed their murder. The entire case of prosecution is based on the circumstantial evidence. Accused No.3 has been granted regular bail by this Court in Criminal Appeal No.200.17/2025 disposed off on 01.02.2025. - 5 - NC: 2025:KHC-K:2645 CRL.P No. 200723 of 2025 5. Undisputedly, the petitioner herein has no other criminal antecedents and he was also arrested along with accused No.3, who has been granted regular bail in the present case. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, I proceed to pass the following order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.28/2024 registered by Nidagundi Police Station, Vijayapur for the offences punishable under Sections 120-B, 302, 201 read with Section 34 of IPC and Sections 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, pending before the Court of II Additional District and Sessions/Special Judge, Vijayapur, subject to the following conditions: - 6 - NC: 2025:KHC-K:2645 CRL.P No. 200723 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) 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. Sd/- (S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 33 CT: AK