- 1 - HC-KAR NC: 2025:KHC-D:13035 CRL.P No. 103728 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103728 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SIDARAI S/O BHUTALI PUJERI, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. ITANAL VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591 317. … PETITIONER (BY SRI. K. ANAND KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HARUGERI POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH, 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), PRAYING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE THE PETITIONER/ACCUSED NO.1, ON BAIL IN CRIME NO.155/2024 REGISTER BEFORE HARUGERI POLICE STATION (AS PER CHARGE SHEET) OFFENCES PUNISHABLE UNDER SECTIONS 103, 238 R/W SECTION 3(5) OF BNS, PENDING BEFORE SC NO.5054/2024 VII ADDL. DISTRICT AND SESSION COURT BELAGAVI SITTING AT CHIKODI, IN THE INTEREST OF JUSTICE AND EQUITY. 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:13035 CRL.P No. 103728 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No. 5054 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.155 of 2024 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103, 238 read with Section 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 read with Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.155 of 2024 was registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103, 238 read with Section 3(5) of BNS, 2023 against the petitioner herein and his sons based on the first information dated 21.08.2024 received from Kareppa Parappa Kallolli. During the course of investigation, petitioner herein was arrested on 16.08.2024 and remanded to judicial custody. It appears that based on - 3 - HC-KAR NC: 2025:KHC-D:13035 CRL.P No. 103728 of 2025 the confession statement of the petitioner, accused nos.2 and 3 who are his sons were subsequently arrested on 25.08.2024. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that accused nos.2 and 3 have been granted regular bail in the present case by this Court. Petitioner who has no criminal antecedents is in custody for the last more than one year. Accordingly, prays to allow the petition. 5. The learned HCGP has opposed the petition. She submits that allegation against the petitioner is that he had assaulted the deceased with an axe on his head and had committed his murder. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC-D:13035 CRL.P No. 103728 of 2025 6. Deceased Kumar Yallappa Khilare is the son-in- law of the petitioner herein. It appears that deceased was insisting for a share in the property of accused and it is in this background on 10.08.2024 at about 16.30 hours, accused nos.1 to 3 had assaulted the deceased and committed his murder. In the charge sheet, it is alleged that accused no.1 had assaulted the deceased with an axe on his head and accused no.2 had assaulted the deceased with an iron rod on his body. Accused no.3 allegedly had held the legs of the accused. It is not in dispute that the entire case of prosecution is based on the circumstantial evidence. 7. CW27, Bhagyashri is the wife of deceased. Her statement under Section 164 of Cr.P.C. was belatedly recorded on 24.09.2024, in which she has stated that on 10.08.2024 she had seen the accused persons quarrelling with her husband and thereafter assaulted him. However, she had not approached police after her husband was found missing and FIR in the present case was initially registered - 5 - HC-KAR NC: 2025:KHC-D:13035 CRL.P No. 103728 of 2025 on 21.08.2024, only after the dead body of the deceased was found. Statement of CW27 and other material charge sheet witnesses have been recorded after a period of one month from the date of registration of FIR. Accused nos.2 and 3 have been granted regular bail BY this Court in Criminal Petition No.103402 to 2025 and Criminal Petition No.102984 of 2025. Petitioner aged about 55 years who is said to be an agriculturalist by avocation, has no other criminal antecedent. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner, for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5054 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.155 of 2024 registered by Harugeri Police Station, Belagavi District for offences punishable - 6 - HC-KAR NC: 2025:KHC-D:13035 CRL.P No. 103728 of 2025 under Sections 103, 238 read with Section 3(5) of BNS, 2023, subject to the following conditions: i. The petitioner – accused 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 VMB CT:BCK