- 1 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.201107 OF 2024 BETWEEN: SHARANAKUMAR @ SHARANU S/O. AMBARAYA DHARMAPUR AGE: 19 YEARS OCCUPATION: STUDENT RESIDENT NEAR MATA MANIKESHWARI TEMPLE GANGA NAGAR KALABURAGI - 585 104. …PETITIONER (BY SRI KIRAN KUMAR, ADVOCATE FOR; SRI CHANNABASAPPA HAYYALAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MAHAGAON POLICE STATION KALABURAGI REPRESENTED BY LEARNED ADDITIONAL S.P.P. HIGH COURT OF KARNATAKA AT KALABURAGI - 585 105. …RESPONDENT (BY SRI Y. H. VIJAY KUMAR, A.A.G.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (OLD) / UNDER SECTION 483 OF BNSS ACT (NEW), PRAYING TO ALLOW THE PETITION AND ENLARGED THIS PETITIONER ON BAIL IN CRIME NO.54 OF 2023 AND S.C. NO.41 OF 2024 OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 AND 120(B), OF IPC OF MAHAGAON P. S. PENDING PRINCIPAL SESSIONS JUDGE AT KALABURAGI IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Kiran Kumar for Sri. Channabasappa Hayyalappa, learned counsel for the petitioner and Sri. Y.H.Vijay Kumar, learned Additional Advocate General for respondent-State. 2. The petitioner/accused No.2 has filed this petition under Section 439 of Cr.P.C. praying for grant of bail in S.C.No.41/2024 (Crime No.54/2023) of Mahagaon Police Station, Kalaburagi pending on the file of learned Principal Sessions Judge, Kalaburagi for the offences punishable under Sections 302, 201 and 120(B) of IPC. 3. The brief facts of the prosecution case are that: On 31.05.2023, at about 5:00 p.m., C.W.1 had been to the neighbouring land of Virendra Doshetty to fetch - 3 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 curry leaves, at that time, C.W.-24 Peerappa said that at about 2.30 p.m., when he chased the stray cattle towards the forest land and proceeded near a stone bund, he noticed some foul smell was coming from the forest land. He went near the place and saw the bones of hand, jaw and leg of a human being. He got scared at that moment and came back. Thereafter, on 01.06.2023, at about 9.00 a.m., the complainant and CW-24 went to the place of incident and they came to know about the dead body buried in the land. Thus C.W.24 informed CW-1 Abdul Rasheed and he informed the police. Later, the police exhumed the dead body in the presence of the Doctor C.W.-62 and Tahsildhar, Kamalapur C.W.-61 and registered the case. During the course of investigation, accused No.1 was arrested on 23.06.2023 and on his interrogation, he disclosed the involvement of accused No.2, accused No.3 and two juveniles in conflict of law. Hence, accused No.2 filed bail petition before the Sessions Court and the same was rejected on 04.06.2024. Hence, accused No.2-petitioner herein filed this petition. - 4 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 4. Learned counsel for the petitioner contended that the petitioner is innocent, he has been falsely implicated in the case, there is no overt-act alleged against him and nothing is recovered from the petitioner. It is contended that after 20 days of his arrest, mahazars were conducted by the Investigating Officer and there is no criminal antecedents of accused No.2. Now, the investigation is completed and the investigating officer has filed the charge sheet. Accused No.1 is on bail, thus, on the ground of parity, the petitioner is also entitled for bail. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, he prayed to allow the petition. 5. Per-contra, learned HCGP appearing for respondent State contended that the petitioner is involved in the offence punishable under Section 302 IPC and there is prima-facie case against him. If he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of the - 5 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 offence, the petitioner is not entitled for bail, hence, he prayed for rejection of the petition. 6. Perused the material available on record. The Investigating Officer after completion of investigation has filed the charge sheet. On perusal of Column No.17 of the charge sheet, the Investigating Officer opined that accused Nos.1, 2 and 3 and two juveniles in conflict with law committed the murder of deceased Basavaraja @ Raju @ Bukkaraju. In the instant case, the prosecution relied upon the motive, last seen together, recovery of articles, homicidal death of the deceased etc., From the perusal of the charge sheet, it appears that on 23.06.2023, accused No.1 was arrested and the Investigating Officer recovered incriminating material and conducted mahazars on 15.07.2023 i.e., after 21 days of arrest of accused No.1. The case of the prosecution is based on circumstantial evidence. 7. In this case, the investigating officer at column No.17 observed that accused No.1 and his wife CW-40 - - 6 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 Deepa shifted from their native place Shiradona village to Kalaburagi City and she joined in Jayadeva Hospital as a worker and her husband accused No.1 was searching for a rented house, at that time, deceased Basavaraja came in contact with accused No.1 and his wife Deepa. Ultimately, deceased searched a rented house for accused No. 1 and his wife at Dabarbad area, Kalaburagi. In the same block, deceased was also residing with his family. At that time, accused Nos.1 to 3 and two juveniles in conflict with law were consuming ganja, alcohol etc., Accused No.1 borrowed loan of Rs.1,20,000/- from deceased Basavaraja and repaid a sum of Rs.60,000/- and he was due in a sum of Rs.60,000/-. Later, deceased used to visit the house of accused No.1 and developed friendship with the wife of accused No.1 viz., CW-40 Deepa. This came to the knowledge of accused No.1 and thus he warned the deceased. Thus deceased Basavaraja insisted accused No.1 to return his amount. Later, Kalaburagi police called deceased Basavaraja to the police station in respect of sale of ganja, enquired and sent back to his house. Thus - 7 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 deceased Basavaraja suspected accused No.1 that he had informed the police in respect of sale of ganja and thus annoyed accused No.1 to return his amount and in this regard, deceased Basavaraja made demand to accused No.2, 3 and two juvenile in conflict with law to sell remaining ganja and mobilize the amount, as they denied his demand, deceased Basavaraja threatened them to inform their parents about consumption of ganja and alcohol. This led accused No.1 to 3 and juveniles in conflict with law to eliminate the deceased and all of them made conspiracy to commit murder of deceased Basavaraja. On 19.05.2023, at about 5.00 p.m., Basavaraja came to the house of accused No.1 under intoxication, at that time, accused No.1 to 3 and juveniles in conflict with law insisted him to give ganja and all of them consumed ganja, later, all of them consumed alcohol, took quarrel with deceased Basavaraja, accused No.1 assaulted him with a cement hallow block on his head and juveniles in conflict with law also assaulted the deceased with a big stone on the head of Basavaraja, accused No.2 also - 8 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 assaulted the deceased with a big stone on the head of Basavaraja. On the same night, accused Nos.1 and 2 brought a pickaxe and Iron spade(salike) from the shop of CW-36 and shifted the body of Basavaraja in a plastic barrel in tum tum goods vehicle within the limits of Shiradona forest area, where they dug a pit and buried the dead body, later, after 21 days of the incident, CW-1 saw the dead body in a forest area and body was exhumed and later accused No.1 was arrested on suspicion, interrogated him, who in turn confessed before the Investigating Officer. In this case, as per the spot mahazar and report of the Tahsildhar, unknown body was exhumed and viscera was sent to DNA profile. 8. In order to prove the aspect of motive, last seen theory, recovery, cause of death and involvement of the accused persons are concerned, it required full fledged trial. At this stage, the Court cannot conduct a mini trial. Admittedly, the investigation is completed and Investigating Officer has filed the charge sheet before the - 9 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 Court on 20.09.2023. From the perusal of the records till date, the trial Court has not framed charges and accused No.2 has remained in custody for more than one year and four months. This Court granted bail to accused No.1 on the similar grounds. Thus on the ground of parity also, petitioner is entitled for bail. 9. Having regard to the facts and circumstances of the case, looking to the nature of the allegations made against the petitioner, gravity of the offence, severity of the punishment, chances of petitioner absconding or fleeing away from justice if he is released on bail, character and antecedents of the petitioner, tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Hence, the Court proceeds to pass the following:- ORDER The petition filed under Section 439 of Cr.P.C. is allowed. - 10 - NC: 2025:KHC-K:310 CRL.P No. 201107 of 2024 The petitioner - accused No.2 is ordered to be enlarged on bail in S.C.No.41/2024 on the file of learned Prl. Sessions Judge, Kalaburagi, on his executing a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court, subject to the following conditions: i) Petitioner shall not tamper with the prosecution witnesses directly or indirectly; ii) He shall appear before the Court regularly without fail; iii) He shall not involve himself in similar offences. Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 19 Sl No.: 1