- 1 - HC-KAR NC: 2025:KHC-D:12935 CRL.P No. 103749 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103749 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KANTEPPA S/O NINGAPPA MALANGI, AGE. 24 YEARS, OCC. COOLIE, R/O. SHIRAHATTI K.D., TQ. HUKKERI, DIST. BELAGAVI. … PETITIONER (BY SMT. PRIYANKA H. PAWAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH RAIBAG POLICE, TQ. RAIBAG, DIST. BELAGAVI, REPRESENTED BY HCGP, HIGH COURT OF DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOWED AND PETITIONER/ACCUSED NO.4 MAY BE ORDERED TO BE RELEASED ON BAIL IN RAIBAG P.S. CRIME NO.368/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61 R/W 3(5) OF B.N.S. AND CASE WAS PENDING BEFORE THE VII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT CHIKKODI IN SC NO.5041/2025, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS 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:12935 CRL.P No. 103749 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.4 in S.C. No.5041 of 2025 pending before the Court of VII-Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.368 of 2024 registered by Raibag Police Station, Athani Sub-Division, Belagavi District for the offences punishable under Sections 103(1), 238, 61 read with Section 3(5) of the BNS, 2023, is before this Court under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.368 of 2024 was registered by Raibag Police Station, Belagavi District for the aforesaid offences against Neelappa Mahadev Karavalli and three others based on the first information dated 27.12.2024 received from Vasant Karavalli, the brother of the deceased Beerappa Karavalli. During the course of investigation, the petitioner herein who is arrayed as accused No.4 in the FIR - 3 - HC-KAR NC: 2025:KHC-D:12935 CRL.P No. 103749 of 2025 was arrested on 07.12.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and the petitioner is arrayed as accused No.4 in the charge sheet. His bail application filed before the jurisdictional of Sessions Court in Crl.Misc. No.5359/2025 was rejected. 04.09.2024. Therefore, he is before this Court. 4. Perusal of the charge sheet allegations would go to show that accused Nos.1 and 2 were in illicit relationship. Accused No.2 is the wife of the deceased Beerappa. After coming to know about the illicit relationship between accused Nos.1 and 2, Beerappa was opposing the same. Therefore, accused Nos.1 and 2 had conspired to eliminate Beerappa and on 02.12.2024, accused No.1 along with accused Nos.3 and 4 had taken Beerappa on the pretext of consuming alcohol and thereafter committed his murder. Allegation of assaulting Beerappa with a stone on his head and face is against accused No.1. Accused Nos.3 and 4 allegedly had assaulted Beerappa with their hands. Accused - 4 - HC-KAR NC: 2025:KHC-D:12935 CRL.P No. 103749 of 2025 No.1 has been granted regular bail by this Court in Crl.P. No.103230 of 2025. The allegation against accused Nos.3 and 4 are similar. Accused No.3 has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc. No.5358 of 2025, disposed of on 12.09.2025. The petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner – accused No.4 for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal petition is allowed. The petitioner – accused No.4 is directed to be enlarged on bail in in S.C. No.5041 of 2025 pending before the Court of VII-Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.368 of 2024 registered by Raibag Police Station, Athani Sub-Division, Belagavi District for the offences punishable under Sections 103(1), 238, 61 read with Section 3(5) of the BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:12935 CRL.P No. 103749 of 2025 (i) The petitioner – accused No.4 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) 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; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. (v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 22