- 1 - HC-KAR NC: 2025:KHC-D:7443 CRL.P No. 101704 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. 101704 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. SMT. NEELAMMA W/O. NINGAPPA ARAWALLI @ AREMUKALI, AGE 38 YEARS, OCC: EMPLOYEE AT. DHARMASTHALA SANGHA, R/O. VANNUR, TQ. BAILHONGAL, DIST. BELAGAVI-591119. 2. SHRI. MAHESH S/O. BASAVARAJ GULLANNAVAR, AGE 27 YEARS, OCC: EMPLOYEE AT DHARMASTHALA SANGH, R/O. VANNUR, TQ. BAILHONGAL, DIST. BELAGAVI-591119. …PETITIONERS (BY SRI. S. M. MUCHHANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THE POLICE INSPECTOR, NESARAGI POLICE STATION, DIST. BELAGAVI, PIN-591121, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO ALLOW THE PETITION AND THESE PETITIONERS/ACCUSED NO.2 & 3 BE ENLARGED ON REGULAR BAIL IN NESARAGI POLICE REGISTERED CRIME NO.67/2024 U/S.103(1), 61(2)(A) R/W. SEC.3(5) OF BNS AND THE SAME IS PENDING FOR THE TRIAL ON THE FILE OF XTH ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI TO MEET THE ENDS 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:7443 CRL.P No. 101704 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State. 2. Petitioners have filed this petition under Section 483 of BNSS, 2023 (439 of Cr.P.C.) praying to grant regular bail in Crime No.67/2024 of Nesargi Police Station for the offences punishable under Sections 103(1), 61(2)(A) read with Section 3(5) of BNS, 2023. 3. Brief facts of the prosecution case are as under: The contents of the compliant disclose that there was an illicit relationship between petitioners – accused Nos.2 and 3, they hatched a conspiracy and hired accused No.1 to eliminate the deceased, who is none other than the husband of the accused No.2, was objecting the relationship of accused Nos.2 and 3. Accordingly, on 17.11.2024 at 9 p.m., while deceased Ningappa Basappa Arawalli @ Aramukali was sleeping in the platform in front of his house situated at Vannur village, he was murdered by slashing throat by some - 3 - HC-KAR NC: 2025:KHC-D:7443 CRL.P No. 101704 of 2025 unknown person, hence he died. Thus, the complaint was lodged. During the course of investigation, accused No.2 was arrested and in turn remanded to judicial custody. 4. Learned counsel for the petitioners contended that the petitioners are innocent and they have not committed any offences. There is no iota of evidence to connect the petitioners with the deceased. There is a delay in lodging the complaint and the case is based on the circumstantial evidence and there is no eye witness to the incident. Charge sheet has already been filed and the presence of the petitioners before the investigation agency is not required and there are no chances of petitioners fleeing away from the justice. Hence, prays to allow the petition. 5. Per contra, learned HCGP contended that the petitioners are involved in heinous offences punishable under Sections 103(1), 61(2)(A) read with Section 3(5) of BNS- 2023 and they have indulged in criminal conspiracy and they have given supari to accused No.1 to eliminate the deceased. Therefore, petitioners have gone to the extent of hatching - 4 - HC-KAR NC: 2025:KHC-D:7443 CRL.P No. 101704 of 2025 conspiracy to eliminate the husband of accused No.2 to remove the obstacle in their illicit relationship. Further, as per CDR report accused Nos.2 and 3 continuously contacted accused No.1 on the relevant point of time i.e., in between 17.11.2024 and 18.11.2024 and in subsequent dates, it shows their long interactions and their involvement in this case. Hence, he prayed for dismissal of the petition. 6. Perused the material available on record. 7. The charge sheet materials disclose that accused No.2 is none other than wife of the deceased and accused No.3 is friend of accused No.2. Both accused Nos.2 and 3 have illicit relationship with each other. In order to remove obstacle, they hatched a plan to eliminate the deceased Ningappa. As per the statement of charge sheet witnesses, it appears that both accused Nos.2 and 3 had criminal conspiracy. As per the CDR report, in between the dates of 17.11.2024 and 18.11.2024, accused No.1 contacted with accused Nos.2 and 3 through their mobile phones and it can be seen in the said report. As per the FSL report, the article - 5 - HC-KAR NC: 2025:KHC-D:7443 CRL.P No. 101704 of 2025 axe which was used for commission of offence is blood stained and it is shown as article No.4. Further, clothes of deceased Ningappa also stained with blood. The DNA profile result shows that blood stained detected on axe, blanket, pant, shirt and jacket sent through item Nos.2, 3, 4, 5, 6, 7 and 8 are identical and matching with DNA profile and blood stains detected on the shirt of accused No.1. It shows that accused No.1 involved in the offence with alleged conspiracy of accused Nos.2 and 3. Thus, there is a prima facie material against accused Nos.2 and 3 which are punishable with death or imprisonment of life. 8. Having regard to the facts and circumstances of the case, including the nature of the allegations against the petitioners, the seriousness of the offence, the severity of the potential punishment, the likelihood of the petitioners absconding if granted bail, and the petitioners' character, past conduct, and risk of tampering with prosecution witnesses, the petitioners shall not be enlarged on bail. There are no merits in the petition. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:7443 CRL.P No. 101704 of 2025 ORDER The petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE HMB / CT-AN List No.: 1 Sl No.: 11