- 1 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103090 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. AMEET S/O. AVINASH MANE, AGE: 24 YEARS, OCC: MECHANIC, R/O: RENUKA MANDIR, SIDDARTH COLONY NIPPANI, DIST: BELAGAVI, PIN – 591 237. …PETITIONER (BY SRI. S. M. MUCHHANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THE POLICE INSPECTOR NIPPANI TOWN POLICE STATION, DIST: BELAGAVI, PIN – 591 237, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH, PIN – 580 011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO THAT THE PETITION FILED BY THIS PETITIONER/ACCUSED NO.12 MAY KINDLY BE ALLOWED AND THIS PETITIONER MAY KINDLY BE ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE CONDITIONS IN NIPPANI TOWN. P.S. CRIME.NO. 61/2024 UNDER SECTION 189(2), 191(2), 191(3), 61(2)(A), 103, 238 R/W 190, 49, & 3(5) OF BNS, PENDING TRAIL ON THE FILE OF VII ADDL DISTRICT AND SESSIONS JUDGE BELAGAVI, SITTING AT CHIKKODI, S.C.NO.5002/2025 IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.12 in S.C.No.5002/2025 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.61/2024 registered by Nippani Town Police Station, Belagavi for offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 103, 238, 49, 3(5) read with Section 190 of Bharatiya Nyaya Sanhita, 2023, is before this Court in the successive bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.61/2024 was registered by Nippani Town Police Station, Belagavi initially for the offences punishable under Sections 115(2), 103, 189(2), 191(2), 191(2), 191(3), 190 against Atish Belekar and others. Based on the first information dated 02.10.2024 received from Saifali Sherali Nagaraj, the brother of - 3 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 deceased Ashrafali. During the course of investigation of the case petitioner herein was arrested on 05.10.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed in the present case against 13 persons. Petitioner is arraigned as accused no.12 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore he had approached this court in Criminal Petition No.101902/2025 which was dismissed as withdrawn with liberty to file a fresh petition to meet the ends of justice. It is under these circumstances, petitioner is before this Court in this successive bail petition. 4. Heard the learned counsel for the parties. 5. Learned counsel for the petitioner submits that petitioner’s name is not found in the FIR. Allegation of assaulting the deceased, Ashrafali is only against accused nos.1 to 5 and 7. Accused nos.6 and 8 to 11 were allegedly present near the spot of crime and watching the incident. Accused nos.12 and 13 have allegedly informed the - 4 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 whereabouts of the deceased to the assailants in the present case. Petitioner has no other criminal antecedent. His father is a heart patient and was admitted in hospital during 2nd week of July 2025 and has been advised to take treatment in a specialized hospital for his heart ailment. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has oppose the petition. She submits that petitioner's earlier application was dismissed as withdrawn and in the order passed by this Court permitting the petitioner to withdraw the petition and file a fresh petition, it is also observed that petitioner may seek similar relief soon after examination of the material witness. Accordingly, prays to dismiss the petition. 7. Perusal of the material on record would go to show that petitioner’s name is not found in the FIR which was registered against three named persons and others. During the course of investigation, petitioner was arrested on 05.10.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed - 5 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 against 13 persons. Allegation of assaulting the deceased Ashrafali is found in the charge sheet only as against accused Nos.1 to 5 and 7. Accused Nos.6 and 8 to 11 who were present at the spot of crime allegedly did not interfere when accused nos.1 to 5 and 7 were assaulting the deceased. Allegation against accused Nos.12 and 13 is that, they had informed about the whereabouts of the deceased to the assailants. Undisputedly, accused Nos.12 and 13 were not present at the spot of crime on the alleged date of incident. Allegation of conspiracy to commit the murder of deceased is found in the charge sheet against accused no.1 to 13. 8. Accused no.9, as against whom there is an allegation of conspiracy to commit the murder of deceased and who was present at the spot of crime, when accused nos.1 to 5 and 7 were assaulting the deceased, has been granted regular bail by the Co-ordinate of this Court in Criminal Petition No.102252 of 2025, disposed of on 02.07.2025. Accused No.11 as against whom allegations in - 6 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 the charge sheet are similar to the allegations found against accused no.9 has been granted regular bail by this Court in Criminal Petition No.102252 of 2025, disposed of on 31.07.2025. Accused No.10 has been granted regular by this Court in Crl.P.No.102959 of 2025 disposed of on 13.08.2025. 9. In the earlier bail application filed by the petitioner, he had filed a memo seeking permission of this Court to withdraw the petition with the liberty to file a fresh petition to meet the ends of justice and equity. The said memo was taken on record, and the petition was dismissed as withdrawn with liberty as prayed for. However, additionally, this Court had also made a note that petitioner may seek similar relief soon after examination of material witnesses. It is relevant to note here that after this Court has granted permission to the petitioner to withdraw his earlier petition with liberty to file a fresh petition to meet the ends of justice and equity, additionally, a note has been made that petitioner may also seek similar relief soon after - 7 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 examination of the material witnesses. The said note will not come in the way of this Court in entertaining his successive bail application on two counts i) Petitioner was granted permission to withdraw his earlier petition with liberty to file a fresh petition to meet the ends of justice and equity. ii) After the earlier criminal petition was dismissed as withdrawn with liberty to file a fresh petition, other accused, as against whom there is an allegation of conspiracy and also of being present at the spot of crime when the assailants were assaulting the deceased, have been granted regular bail by this Court. 10. So far as the petitioner is concerned, undisputedly he was not present at the spot of crime. Therefore, when the other accused persons as against whom there is an allegation of conspiracy and who were present at the spot of crime have been granted regular bail, there is no justification to deny similar relief to the petitioner who has no other criminal antecedent. In addition to the same, the material on record would go to show that - 8 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 the father of the petitioner is a heart patient and he is advised by the doctor to take higher treatment in a specialized hospital for his ailment. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5002/2025 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.61/2024 registered by Nippani Town Police Station, Belagavi for offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 103, 238, 49, 3(5) read with Section 190 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: - 9 - HC-KAR NC: 2025:KHC-D:11154 CRL.P No. 103090 of 2025 a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB/CT-ASC List No.: 1 Sl No.: 19