- 1 - NC: 2025:KHC-K:160 CRL.P No. 201122 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 201122 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. SHIVARAJ S/O BASAVARAJ TELAGINMANI, AGE: 26 YEARS, OCC: AUTO DRIVER, R/O: KACHAPUR, TQ: SHORAPUR, DIST: YADGIRI-585 224. … PETITIONER (BY SRI. PRADEEP KUMAR, SRI. MANJUNATH B. PATIL AND SRI. UMAKANTH S.K., ADVOCATES) AND: THE STATE OF KARNATAKA, KEMBAVI POLICE STATION, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 103. … RESPONDENT (BY SRI. JAMADAR S., HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SC NO.23/2023 ARISEN OUT OF CRIME NO.0167/2022 REGISTERED FOR THE OFFENSES U/SEC. 302, 506,114 R/W SEC.34 I.P.C. BY THE KEMBAVI POLICE STATION, AT KEMBAVI PENDING ON THE FILE OF DISTRICT AND SESSIONS JUDGE AT YADGIRI IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:13:36 +0530 - 2 - NC: 2025:KHC-K:160 CRL.P No. 201122 of 2024 ORAL ORDER 1. The petitioner, accused No. 2, has been charge- sheeted for offenses under Sections 302 and 114 read with Section 34 of the Indian Penal Code (IPC). 2. The prosecution’s case is that on 01.12.2022, at approximately 3:00 p.m., while Nadagouda and Basamma were conversing at the scene of the crime, accused Nos. 1, 2, and 3, acting with common intention and allegedly instigated by accused No. 3, committed the following acts: accused No. 1 assaulted Nadagouda with an axe, striking his cheek, while accused No. 2 assaulted him with a stone, inflicting grievous injuries on his left cheek, above his left eye, and his head, causing his immediate death. Subsequently, accused No. 1 pushed Basamma to the ground, and both accused Nos. 1 and 2 together bludgeoned her to death. The incident was witnessed by CWs. 9 and 10, who later informed CWs. 1, 11, 14, and 15. 3. The learned counsel for the complainant contends that the allegation of instigation against accused No. 2 is serious, and if granted bail, accused No. 2 is likely to tamper with the eyewitnesses. 4. Accused No. 2 has been in judicial custody since 01.12.2022, and the trial has not yet commenced. If not granted bail, the prolonged pre-trial detention would infringe upon the concept of liberty enshrined in Article 21 of the Constitutio 5. Accordingly, I pass the following: - 3 - NC: 2025:KHC-K:160 CRL.P No. 201122 of 2024 ORDER i) Criminal petition is allowed. ii) The petitioner - accused No.2 shall be enlarged on bail in Crime No.167/2022 in SC No.23/2023 pending on the file of the learned District and Sessions Judge, Yadgiri for the offences punishable under Sections 302, 114 & 506 read with Section 34 of IPC subject to following conditions: a) Petitioner shall execute personal bond in a sum of Rs. 1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Court, if there is any change in the address. c) He shall not tamper with the prosecution evidence / witnesses either directly or indirectly. d) He shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge. - 4 - NC: 2025:KHC-K:160 CRL.P No. 201122 of 2024 e) He shall not involve any criminal activities. f) He shall appear before the Trial Court on all dates of hearing without fail unless exempted for any genuine reasons. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK LIST NO.: 19 SL NO.: 1