- 1 - NC: 2025:KHC-D:2733 CRL.P No. 100336 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100336 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MUTTAPPA S/O. HANAMAPPA BETAGERI AGE. 31 YEARS, OCC. COOLIE, R/O. D.S.RAMENAHALLI, TQ. MUNDARAGI, DIST. GADAG-582228. …PETITIONER (BY SRI. K.L.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MUNDARAGI P.S.-582118, NOW REP. BY HIGH COURT OF KARNATAKA, AT DHARWAD BENCH-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO, ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED BY GRANTING REGULAR BAIL IN CONNECTION WITH MUNDARAGI POLICE STATION CRIME NO.156/2022 FOR THE OFFENCE PUNISHABLE U/S 302 OF IPC PENDING BEFORE THE PRL.DISTRICT AND SESSIONS JUDGE, GADAG IN S.C. NO.05/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 10:44:51 +0530 - 2 - NC: 2025:KHC-D:2733 CRL.P No. 100336 of 2025 ORAL ORDER This petition under Section 439 of the Criminal Procedure Code (Cr.P.C.) (corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) is filed by the accused seeking regular bail. 2. The petitioner/accused is facing trial for the offence punishable under Section 302 of the Indian Penal Code (IPC). Initially, the case was registered against an unknown person in connection with the homicidal death of the deceased, the son of the complainant. 3. During the course of investigation, the statements of CWs.16 and 17 were recorded, wherein they allegedly stated that the deceased was last seen with the accused on a motorcycle. The accused was later apprehended, and it is alleged that he confessed to the commission of the crime. 4. The prosecution alleges that, on the date of the incident, the deceased and the accused had gone to the Dhaba of CW.17, where they consumed alcohol together. At that time, the accused demanded the return of money borrowed by the deceased. The deceased refused to repay the amount, challenged the accused to do whatever he wanted, and further threatened him, stating that if the accused came to Gadag, he would not spare him. Enraged by this, the accused allegedly assaulted the deceased with a stone on the face, the back of the head, and near the left eye, resulting in the deceased’s murder. - 3 - NC: 2025:KHC-D:2733 CRL.P No. 100336 of 2025 5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent-State. 6. The entire case of the prosecution is based on circumstantial evidence, primarily relying on: • The statements of CWs.16 and 17, who allegedly stated that the deceased was last seen with the accused on the date of the incident. • The accused’s voluntary statement, in which he is said to have confessed to committing the murder. 7. Since the prosecution’s case is based on circumstantial evidence, the chain of circumstances must be established and proved during the trial. 8. The father of the deceased (PW.1) has not supported the prosecution’s case. He has neither identified the accused nor admitted that there was any motive for the accused to murder his son. 9. As of today, only three witnesses have been examined, and the prosecution is yet to examine 27 other witnesses. Prolonged pre-trial detention would be contrary to the principles of liberty enshrined under Article 21 of the Constitution of India. The accused has been in judicial custody since 26.08.2022. 10. Considering the facts and circumstances of the case, the petitioner has made out a prima facie case for grant of bail. Accordingly, I pass the following: - 4 - NC: 2025:KHC-D:2733 CRL.P No. 100336 of 2025 ORDER i) Criminal petition is allowed. ii) The petitioner-accused is enlarged on bail in S.C No.05/2023 pending on the file of the Prl. District and Sessions Judge, Gadag, arising out of Crime No.156/2022 of Mundaragi Police Station for the offences punishable under Section 302 of the IPC, subject to the following conditions: (a) The petitioner/accused shall furnish a personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) He shall appear before the Court as and when required. (c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) He shall not get involved in similar offences. (e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 20