- 1 - HC-KAR NC: 2025:KHC-D:7488 CRL.P No. 101682 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101682 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SHRI SRIKANT YALLAPPA MADAR, AGE: 28 YEARS, OCC: COOLIE, R/O. KALAHAL, TQ. RAMADURG, DIST. BELAGAVI-590002. …PETITIONER (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI SUREBAN P.S, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO ALLOW THE CRIMINAL PETITION AND GRANT A ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 SUREBAN P.S. IN CRIME NO. 0009/2025 REGISTERED FOR OFFENCE U/S.126(2), 103(1), 49, 3(5) OF BNS 2023 WHICH WAS REJECTED IN CRIMINAL MISC NO.313/2025 PASSED BY THE XTH ADDL. SESSIONS JUDGE BELAGAVI AND ALLOW THE PETITION AND GRANT BAIL IN THE INTEREST OF JUSTICE AND EQUITY. 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:7488 CRL.P No. 101682 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. 2. Learned counsel for the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 438 of Cr.P.C.) seeking anticipatory bail in connection with Crime No.9/2025 for the offences punishable under Sections 126(2), 103(1), 49, 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The brief facts of the prosecution case are as under: The first informant and the accused are neighbours. There was a civil litigation between the parties which was pending in Ramdurg Court. On 22.02.2025 at 12:30 p.m., accused Nos.3 and 4 made criminal conspiracy to commit - 3 - HC-KAR NC: 2025:KHC-D:7488 CRL.P No. 101682 of 2025 the murder of deceased Shekhavva. On that day, at about 12:30 noon, Shekhavva was cleaning the veranda of her house, accused Nos.1 and 2 picked came infront of her house, up quarrel with her in order to commit murder, accused No.2 held her hands tightly and accused No.1 assaulted on her head with axe. Thus she severly injured and died at the spot. Hence, the first informant lodged the complaint, which led to registration of FIR and the investigation. 4. During the course of investigation, accused No.1 was arrested. Apprehending the arrest at the hands of the respondent – Police, accused No.2 has preferred this anticipatory bail. 5. Learned counsel for the petitioner contended that the petitioner is innocent, has not committed any offence and has been falsely implicated in this case. There is no over act alleged against him and nothing is recovered from this petitioner. The only allegation is that this - 4 - HC-KAR NC: 2025:KHC-D:7488 CRL.P No. 101682 of 2025 petitioner was holding the hands of the deceased while accused No.1 assaulting the deceased with axe on her head. The petitioner is ready to abide by the conditions that would be imposed by this Court. With these grounds, the learned counsel for the petitioner prayed to allow the petition. 6. Per contra, learned High Court Government Pleader orally objected the petition and contended that the petitioner is involved in the offence under Section 302 of IPC, there is prima facie case against him, if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail, hence, prayed for rejection of the petition. 7. Perused the materials available on record. 8. The Investigating Officer after completion of investigation has filed the charge sheet. On perusal of the charge sheet material, more particularly, the statement of - 5 - HC-KAR NC: 2025:KHC-D:7488 CRL.P No. 101682 of 2025 first informant as well as eye witness to the incident CWs.11 to 14, they have clearly stated that the petitioner – accused No.2 is actively participated in the crime and he has shared the common intention with accused No.1. Though accused No.1 assaulted the deceased with axe on the head of the deceased, at that time, accused No.2, the petitioner was holding the hands of the deceased tightly. Therefore, he is also equally responsible for the commission of the offence. 9. From the perusal of the postmortem report, it reveals that the cause of death is due to head injury. Thus, there is prima facie case against the petitioner. 10. Having regard to the facts and circumstances of the case, including the nature of the allegations against the petitioner, the seriousness of the offence, the severity of the potential punishment, the likelihood of the petitioner absconding if granted bail, and the petitioner's character, past conduct, and risk of tampering with prosecution - 6 - HC-KAR NC: 2025:KHC-D:7488 CRL.P No. 101682 of 2025 witnesses, the petitioner shall not be enlarged on bail. Therefore, the petition is rejected. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 18