- 1 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100197 OF 2025 [439(CR.PC)/483(BNSS)] BETWEEN: AKSHAY S/O. JAGADEESH KALOLLI @ KALLOLI, AGE: 26 YEARS, OCC. PRIVATE, R/O. SIDHARAMNAGAR, 3RD CROSS, GOPANKOPPA, HUBBALLI-580023, (AADHAR NO. 2567 9070 0620) … PETITIONER (BY SRI K.M.SHIRALLI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH ASHOK NAGAR POLICE STATION, HUBBALLI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF B.N.S.S., 2023, SEEKING TO ORDER RELEASE OF PETITIONER/ACCUSED NO.6 ON BAIL IN C.C.NO.19/2025, PENDING ON THE FILE OF HON’BLE JMFC-I COURT, HUBBALLI, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 103, 189(2), 191(2), 191(3) AND 190 OF BHARATIYA NYAYA SANHITA, 2023, ARISING OUT OF ASHOK NAGAR P.S. IN CRIME NO.82/2024 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 103, 189(2), 191(2), 191(3) AND 190 OF BHARATIYA NYAYA SANHITA, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.13 14:37:30 +0530 - 2 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.82/2024 by Ashoknagar Police Station for offences punishable under Sections 61 (2), 103, 189 (2), 191 (2) & (3) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) by accused no.6 (petitioner). 2. Sri KM Shiralli, learned counsel for petitioner submitted case of prosecution was that complaint was filed by Chandrakumar Kammar on 12.10.2024 stating that he was Auto Driver and resident of Gopanakoppa Hubballi along with his wife and children namely Shivaraj (victim), Sushma and Suprita. On 11.10.2024, when he along with family members were returning from house of Sanjeev Waddar after dinner, accompanied with Sanjeev’s brother Keerti and friends Umesh Bandiwaddar, Manikanta and Manju Pujar at 9:30 p.m. near Gopanakoppa circle, Shivaraj went ahead on Scooty by stating that he had to purchase medicine for his mother. At that time, - 3 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 four persons who came on two motorcycles assaulted Shivaraj with deadly weapons on his head, face, chest, stomach, arms by stating that he would not be left alive and claiming that they had support of Abhishek Jadav (accused no.4) from settlement area and no one could harm them. Complainant went near shouting and identified assaulters as Sudeep Rayapur (accused no.1), Sudeep Desur (accused no.2), Kartik and Kiran (accused no.3) under light falling from Street Lamp. Complainant stated that there were 5 to 6 other persons who were there along with assaulters. Immediately victim was taken to KIMS Hospital where he was declared dead. Complainant alleged that Sudeep Rayapur was a friend of victim but stopped speaking each other after quarrel at Yellammanagudda, two years earlier and since then he was having grudge against victim and always had two to three persons accompanying him. Even on 10.10.2024, he had picked up quarrel with victim and threatened to kill him. 3. Based on complaint Crime no.82/2024 (supra) was registered and petitioner was arrested on 28.10.2024. His application for bail was rejected on 29.11.2024 without proper consideration. It was submitted, charge-sheet was filed on 04.01.2025. Admittedly, petitioner’s name was not mentioned - 4 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 either in complaint or FIR. It was submitted just like CW-17, CW-18 and CW-21, CW-16 had not disclosed name of petitioner either in her statement recorded under Section 180 of BNS on 13.10.2024 or in statement recorded under Section 183 of BNS on 22.10.2024. 4. It was submitted, petitioner’s name was included by CW-16, only in her further statement recorded by Investigating Officer (IO) on 19.11.2024, that too alleging petitioner was part of conspiracy to murder victim while at Robin’s (accused no.5) place. Above fact would cast serious doubt about involvement of petitioner in offences. It was submitted, statements of accused no.2, accused no.3, accused no.5, accused no.7, accused no.8, accused no.9 and accused no.10 were recorded on 15.10.2024, 23.10.2024, 26.10.2024 and 28.10.2024, only reference to name of petitioner was that he used to come to accused no.5 - Robin’s room, where main accused allegedly hatched plan to murder victim. It was submitted, there was prima facie no material even to indicate about petitioner’s involvement in alleged conspiracy, which in any case was not punishable with death or imprisonment with life. It was submitted, there were no antecedents and petitioner was law - 5 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 abiding citizen, permanently residing at Gopanakoppa, Hubballi along with his aged mother and wife, who were dependent on him. On above grounds sought for allowing petition on any conditions. 5. On other hand Sri Jairam Siddi, learned HCGP for respondent-State opposed petition. At outset it was submitted, accused were alleged to have entered into conspiracy and in pursuance thereof, committed gruesome murder of victim with common intention. It was submitted, nature of offences alleged were not only murder, etc., and heinous in nature but manner of commission of offence wherein victim sustained as many as 88 injuries, ought to be taken in account for denying bail. It was further submitted, CW-1 as well as CWs-16 to 21 were eyewitnesses. It was submitted, said witnesses had implicated petitioner in their further statement recorded under Section 180 of BNS. Likewise, petitioner had also confessed to be part of conspiracy to murder victim in his voluntary statement recorded by IO on 28.10.2024. Thus there was sufficient material in support of prosecution case. It was further submitted, petitioner was from same locality giving room for - 6 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 tampering with prosecution witnesses. On above grounds sought for rejection. 6. Heard learned counsel and perused available material. 7. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail with conditions?” 8. This petition for regular bail is by accused no.6 in Crime no.82/2024 (supra) for offences punishable under Section 61 (2) of BNS - criminal conspiracy, Section 103 of BNS – murder, Section 189 (2) of BNS – being member of unlawful assembly, Section 190 of BNS – threat against availing police protection and Section 190 (2) and (3) of BNS – rioting and rioting with weapons, among which offence of murder carries maximum sentence of death or imprisonment for life. 9. Post Mortem Examination Report would reveal victim having sustained about 88 injuries with sharp weapons and spread all over body indicating gruesome manner of commission of offence. - 7 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 10. However, name of petitioner is not included in complaint lodged by victim’s father who is claimed to be eye- witness. Even in initial statements of other eyewitnesses i.e. CWs-16 to 21 or in statements recorded under Section 183 of BNS. Petitioner has been named only in further statement recorded subsequently. Prima facie, prosecution case against petitioner at this stage would appear insofar as conspiracy, which is not punishable with death or imprisonment for life. 11. Apart from above, prosecution has not denied or disputed petitioner’s claim that there were no criminal antecedents. Besides, petitioner was arrested on 28.10.2024 and charge-sheet filed, after completion of investigation, on 04.01.2025 and there would be no need of petitioner for custodial interrogation. As concerns of prosecution can be met by imposing suitable conditions, point for consideration answered in affirmative. Consequently following ORDER Petition is allowed. Petitioner/accused no.6 is ordered to be released on bail in Crime no.82/2024 of Ashoknagar Police Station for offences punishable under Sections 61 (2), 103, 189 - 8 - NC: 2025:KHC-D:2870 CRL.P No. 100197 of 2025 (2), 191 (2) & (3) read with Section 190 of BNS, subject to following conditions: a) He shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum. b) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. c) He shall make himself available for purpose of investigation as and when required and he shall co-operate with investigation. d) He shall not indulge in any criminal activities. e) He shall be regular in attending Court proceedings. f) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE RH CT:PA LIST NO.: 1 SL NO.: 11