- 1 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100994 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SADASHIV BASAPPA BHADRASHETTY AGE: 28 YEARS, OCC. AGRICULTURE, R/O. NAGARAL, TQ. RAIBAG, DIST. BELAGAVI-582119. 2. SANTOSH SADASHIV DAVANE AGE: 37 YEARS, OCC. AGRICULTURE, R/O. NAGARAL, TQ. RAIBAG, DIST. BELAGAVI-582119. …PETITIONERS (BY SRI VIJAY K. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH RAIBAG POLICE STATION, DIST. BELAGAVI, R/BY. ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO ENALRGE THE PETITIONERS (ACCUSED NOS. 1 AND 2) ON BAIL IN RAIBAG P.S. CRIME NO. 219/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 302, 201 R/W. SECTION 34 OF IPC PENDING ON THE FILE OF LEARNED VII SESSIONS JUDGE BELAGAVI SITTING AT CHIKKODI IN SESSIONS CASE NO. 5001/2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.03 10:53:05 +0530 - 2 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vijay K. Naik, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 439 of Cr.P.C. with the following prayer: “To enlarge the Petitioners (Accused Nos. 1 and 2) on bail in Raibag P.S. Crime No. 219/2021 for the offence punishable under Sections 120B, 302, 201 R/W. Section 34 of IPC pending on the file of learned VII Sessions Judge Belagavi sitting at Chikkodi in Sessions Case No 5001/2022.” 3. In respect an incident that occurred on 31.08.2021, Bharmu Taral lodged a complaint with Raibag Police on 01.09.2021 which was registered in Crime No.209/2021 for the offences punishable under Sections 201 and 302 read with Section 34 of Indian Penal Code, 1860 (for short, ‘IPC’). 4. Gist of the complaint averments would reveal that Raghavendra Ravasab Taral was done to death on - 3 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 31.08.2021 between 19.40 to 22.30 hours. Postmortem report would reveal that there was a head injury and stab injuries on the body. After committing the murder, in order to depict that it is suicide and also with an intention to destroy the evidence, the dead body was brought from the place of incident and thrown on railway track. Complaint averments reveal that they have doubt about Sadashiv Ravasab Badhrashetty and Santosh Sadashiv Davane. As such, police registered a case and conducted the detailed investigation and filed the charge sheet. 5. In the column No.17 of the charge sheet, it has been alleged that deceased and his wife who were living separately in a house from their relatives. Deceased was addicted to liquor. Accused persons were his friends in consuming liquor and they used to host liquor parties frequently. Accused No.1 developed illicit relationship with accused No.3. When the said fact came to light, accused No.1 used to assault his wife under the influence of liquor. As such, wife of the deceased had left the company of the deceased and started living in her parental house. There - 4 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 was a panchayat convened and accused No.3 was brought back from her parental house and left with the deceased to lead a happy married life. 6. When the matter stood thus, on 31.08.2021 at about 6.00 p.m., after the deceased finished his day’s work and then wanted to consume liquor, reached Raibag Railway Station, accused No.1 took him on his motorcycle and they reached Sai Palace Bar. Deceased was made to over consume liquor and later on at about 9.45 p.m., accused No.1 took the deceased on his motorcycle bearing No.KA-23/J-1721 and took him to a shed and again made him to drink whisky. When the deceased was under the influence of liquor and was in semiconscious state, accused No.1 assaulted him with an axe on the head and accused No.2 assaulted him with a fiber pipe and thereafter they cleaned the bloodstains and thrown the dead body of Raghavendra on the railway track. 7. After receipt of the charge sheet, trial has commenced. Witnesses including the complainant are - 5 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 examined and they have supported the case of the prosecution. According to the prosecution, accused No.1 having illicit relationship with accused No.3 who is the wife of the deceased, is the motive for the incident. Taking note of these aspects of the matter, bail request was rejected by the learned Trial Judge. Therefore, the accused is before this Court. 8. Sri Vijay K. Naik, learned counsel for petitioner reiterating the grounds urged in the petition vehemently contended that entire case of the prosecution is based on circumstantial evidence in the absence of eyewitness to the incident. Therefore, taking note of the fact that charge sheet is filed, continuation of accused in judicial custody is no longer warranted. 9. He would further contend that witnesses are already examined and there is no apprehension that petitioner tampering with the prosecution witnesses and sought for grant of bail. - 6 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 10. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent would oppose the bail grounds by contending that material on record especially in the form of charge sheet would made sufficient grounds to oppose the bail. 11. She would further contend that the trial has commenced wherein witnesses have been examined and they have supported the case of the prosecution in toto. 12. She would further contend that the case came to be filed on the basis of suspicion against accused Nos.1 and 2 at the first instance and later on illicit relationship of accused No.1 with wife of the deceased got revealed which is the motive for the incident and deceased was made to consume liquor twice within a span of about 3 to 4 hours. When he was semiconscious state, he has been assaulted mercilessly with axe and fiber pipe resulting in death and later on accused Nos.1 and 2 managed to take the dead body and throw it on the railway line itself shows that it is premeditated act. Therefore, material on record would - 7 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 definitely disentitle the petitioner for obtaining bail and sought for dismissal of the petition. 13. Having heard the arguments of both the sides in detail, this Court perused the material on record meticulously. 14. On such perusal of the material on record, postmortem report reveals that Raghavendra died on account of head injury. Weapons used in the incident have been seized after the arrest of the accused persons based on their voluntary statement. 15. The place of incident is a shed and bloodstains found therein were removed. Admittedly, place where the dead body was found is about 300 meters away from the place where the incident has taken place and dead body was found in the railway track. 16. Prima facie these materials would reveal that in order to destruct the evidence of the crime, dead body - 8 - NC: 2025:KHC-D:5641 CRL.P No. 100994 of 2025 was taken out from the place of incident and thrown on the railway track. 17. Postmortem report, recovery of the weapons, place of incident, place of dead body was found with the strong motive of accused No.1 having illicit relationship with accused No.1 at this stage would be sufficient enough to disentitle the petitioner from obtaining an order of bail by resorting the special power vested in this Court under Section 439 of Cr.P.C. 18. It is always open for the petitioner to renew his request for grant of bail, if there is a positive changed circumstance. Reserving such liberty for the petitioner, following order is passed. ORDER Petition is dismissed. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 12