- 1 - NC: 2025:KHC:18279 CRL.P No. 6781 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO.6781 OF 2025 BETWEEN: GANESH @ GANI S/O LATE NAGARAJAPPA AGED 23 YEARS OCC: LABOUR R/AT BAMBOO BAJAAR NEAR CHOWDAMMA TEMPLE DAVANAGERE - 577006 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. S.G.RAJENDRA REDDY, ADVOCATE) AND: THE STATE BY AZAD NAGAR POLICE DAVANAGERE REPRESENTED BY S.P.P. HIGH COURT BUILDING BENGALURU - 560001 …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.171/2024 OF AZAD NAGAR P.S. DAVANAGERE PENDING ON THE FILE OF II Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18279 CRL.P No. 6781 of 2025 ADDL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN S.C.NO.25/2025 FOR THE OFFENCE P/U/SEC.318(4), 3(5), 103(1), 126(2), 238, 61(2)(a) AND 137(2) OF BNS 2023 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER The petitioner, who is arraigned as accused No.1 in Crime No.171/2024 of the respondent – Police, is before this Court seeking regular bail for the offences punishable under Sections 318(4), 3(5), 103(1), 126(2), 238, 61(2)(a), 137(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023’) pending before the II Additional District and Sessions Judge, Davanagere in S.C.No.25/2025. Factual matrix of the case: 2. It is the case of the prosecution that, the complainant is the uncle of the deceased. Duggesh is the son of Basavaraj and is unmarried and doing fruit business at the old P.B.Road, Old Bus Stand, Davanagere. One Gopi, who is the brother of the deceased, had availed hand loan from various persons, for - 3 - NC: 2025:KHC:18279 CRL.P No. 6781 of 2025 that, the petitioner is a guarantor. When the said Gopi committed default in repayment of the loan amount, the creditors were pressurizing Duggesh to provide phone number of Gopi, who was working at Bengaluru. Duggesh was not going home regularly and used to stay at Bus Stand. On 04.11.2024 at about 4.30 a.m., the petitioner and accused No.5 brought the deceased to home in an Auto and informed the complainant that while they were walking near Lingeshwara Temple close to Geethanjali Talkies, Davanagere, they found the deceased sleeping on the road side. Believing that he might have lost consciousness, they brought him to the Bapuji Hospital, where the Doctor declared him as dead. Thereafter, they brought the dead body to the house of Duggesh and handed over the same to the relatives of the deceased and went away. 3. A complaint came to be registered against the petitioner and others suspecting their involvement in committing the murder. The police–respondent registered a case in Crime No.171/2024 for the offences punishable under Section 103(1) and 3(5) of BNS 2023. After conducting - 4 - NC: 2025:KHC:18279 CRL.P No. 6781 of 2025 investigation, the respondent – police submitted the charge sheet. 4. Heard Sri S.G. Rajendra Reddy, learned counsel for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for the respondent. 5. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. There is a delay in lodging the complaint and also registering the FIR and the same has not been explained properly. The entire case is based on the circumstantial evidence. The Trial Court granted bail to accused Nos.2, 3, 4 and 5. The petitioner is also standing on the same footing. Therefore, he may be entitled for bail on parity, by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays for allowing the petition. 6. Per contra, the learned High Court Government Pleader vehemently opposed the bail petition and he further submitted that the petitioner is a person, who stood as a Guarantor to the loan obtained by Gopi. Duggesh being a - 5 - NC: 2025:KHC:18279 CRL.P No. 6781 of 2025 brother of the said Gopi was being pressured to clear the hand loans obtained by Gopi. It is the petitioner and another, who brought the dead body to the house of the complainant and dumped the dead body by saying that it was lying somewhere else, therefore, the complaint came to be registered against them. During the course of investigation, it is emerged that the petitioner and others have committed the murder of Duggesh in respect of monetary transactions. Therefore, it is not a fit case to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint and also charge sheet materials. It appears from the records that Duggesh being the brother of Gopi was being pressurized by the creditors to give the phone number of the said Gopi as he had borrowed money from various persons. 8. The petitioner being a Guarantor of the said loan was also being pressurized by the lenders to clear the loan. As the Gopi was not available, it is stated that the petitioner and another have committed murder of the deceased. However, - 6 - NC: 2025:KHC:18279 CRL.P No. 6781 of 2025 the entire case is based on circumstantial evidence. Hence, it is appropriate to grant bail having considered the bail granted to the other co-accused. 9. In the light of the observations made above, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.171/2024 of the respondent – Police, pending on the file of the II Additional District and Sessions Judge, Davanagere, on executing a personal bond for 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: a) The petitioner shall appear before the Trial Court on all dates of hearing without fail. b) The petitioner shall not threaten nor tamper the prosecution witnesses. c) The Registry is directed to communicate this order to the Trial Court forthwith. - 7 - NC: 2025:KHC:18279 CRL.P No. 6781 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NBM/UN List No.: 1 Sl No.: 45