- 1 - HC-KAR NC: 2025:KHC-D:7453 CRL.P No. 101272 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101272 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: HUSENMOULA S/O. HONURSAB NURBASHA, AGE: 43 YEARS, OCC: COMPANY EMPLOYEE, R/O. KOPPAL, TQ AND DIST. KOPPAL-583231. …PETITIONER (BY SRI. B. C. JNANAYYA SWAMI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH RON P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION GRANT REGULAR BAIL IN CR.NO.113/2002 IS REGISTERED BY RON POLICE STATION, FOR THE OFFENCE PUNISHABLE U/S.143, 147, 148, 302, 307, 326, R/W.149 OF IPC, AND THE SAME HAS BEEN NUMBERED AS L.P.C. NO.01/2021 (S.C. NO.14/2009) PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, GADAG, PENDING TRIAL OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7453 CRL.P No. 101272 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.B.C.Jnanayya swamy, learned counsel for the petitioner and Sri.Kirtilata R.Patil, learned HCGP for respondent-State. 2. Petitioner-accused No.8 has filed this petition under Section 439 of Cr.P.C. (483 of BNSS-2023) for grant of bail in respect of Crime No.113/2002 of Ron Police station which is numbered as LPC No.01/2021 (S.C.No.14/2009) for the offences punishable under Section 143, 147, 148, 302, 307, 326 r/w Section 149 of IPC on the file of Prl. District and Sessions Judge, Gadag. 3. It is contended by the petitioner that deceased Sikandharsab Aashamsab Kinnal was working in irrigation Department as cashier. 18 years ago, he had wife and two sons and one daughter. Thereafter, he contacted second marriage with CW.14-Mouneshwari and by leaving his first wife and children at his native place Balaganur and staying with his second wife in the place where he was employed. On - 3 - HC-KAR NC: 2025:KHC-D:7453 CRL.P No. 101272 of 2025 16.09.2022 at about 7.30 a.m., the first wife and children of deceased i.e, accused persons committed the murder of deceased- Sikandharsab Aashamsab Kinnal. Hence, a complaint was lodged in Crime No.113/2002 and matter was investigated and Investigating Officer has filed charge sheet and it was committed to the Court of Session’s in S.C.No.06/2003.During the pendency of S.C.No.06/2003 an application was filed under section 319 of the Cr.P.C. to implead accused Nos.6 to 8 and the same was allowed. Thereafter, accused Nos.6 to 8 were not secured and case against them was split up in S.C.No.29/2005 and S.C.No.06/2003, accused No.1 to 5 were convicted on 21.10.2005. After that the Court has registered SC No.29/2005 against accused No.6 and she was acquitted by the Addl. District and Sessions Judge Gadag on 30.10.2014. This accused person is unaware of the alleged offences and he was not concerned or relative to the other accused persons and his name is not found in FIR and charge sheet. This is no FIR and charge sheet has been filed against him and the Police have not been filed split up charge sheet against him. The alleged offences are non bailable in nature. Thereafter, the petitioner/accused No.2 remained absent. Thus, case has been - 4 - HC-KAR NC: 2025:KHC-D:7453 CRL.P No. 101272 of 2025 registered against accused No.8 and later, he was secured under the NBW and now, he is judicial custody. It shows that accused/petitioner No.8 was absconding for a period of two decades and during this period, he was absconding. If this petitioner is released on bail, definitely, he may abscond further and it would hamper the prosecution case. Therefore, considering the conduct of the petitioner that he was abscond for two decades and considering the gravity of the offence, it is not a fit case to grant bail in favour of petitioner/accused No.8. Accordingly, I proceeds to pass the following: ORDER The bail petition filed by the petitioner/accused No.8 is hereby rejected. Sd/- (VENKATESH NAIK T) JUDGE HMB, AC /CT-AN List No.: 1 Sl No.: 8