- 1 - HC-KAR NC: 2025:KHC-D:7489 CRL.P No. 101725 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.101725 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHIVAYOGI S/O. ADIVEPPA TADKOD, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. TELEMORAB, TQ.NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI NAVALGUND P. S, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT, BENCH DHARWAD. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND THE PETITIONER/ACCUSED MAY BE RELEASED ON REGULAR BAIL IN THE NAVALGUND PS CRIME NO.153/2024 (S.C.NO.11/2025) PENDING BEFORE III ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, FOR THE OFFENCE PUNISHABLE U/S.103(1) OF BNS, IN THE INTEREST OF JUSTICE. THIS PETITION IS 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:7489 CRL.P No. 101725 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner/accused and learned High Court Government Pleader for the respondent – State. 2. The petitioner/accused has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in S.C.No.11/2025, on the file of learned III Additional District and Sessions Judge, Dharwad in connection with Navalgund P.S. Crime No.153/2024 for the offences punishable under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023. 3. Brief facts of the prosecution case is as under; The accused-Shivayogi Tadkod developed illicit relationship with CW.10-Smt. Vijayalaxmi Ukkali and he was visiting her house often. Thus, this was came to the knowledge of Sri Adiveppa Tadkod, the father of accused, who advised the accused to discontinue his relationship - 3 - HC-KAR NC: 2025:KHC-D:7489 CRL.P No. 101725 of 2025 with CW.10. Therefore, accused developed ill-will against his father and decided to eliminate him. When things stood thus, on 13.11.2024, the petitioner assaulted his father with stone 3-4 times on his head in the early morning at about 3:30 a.m, near cowshed, thereby committed murder of his father. The first informant lodged the complaint and FIR was registered by the police. In turn, the accused was remanded to judicial custody. 4. Learned counsel for the petitioner contended that the petitioner is innocent, he has been falsely implicated in this case and nothing is recovered from this petitioner. The case is based on circumstantial evidence and there are no eye witnesses to the incident. The Investigating Officer has not properly conducted investigation. Now the investigation is completed and Investigating Officer has filed the charge-sheet against the accused. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, the counsel prayed for allowing the petition. - 4 - HC-KAR NC: 2025:KHC-D:7489 CRL.P No. 101725 of 2025 5. Per contra, learned High Court Government Pleader has filed statement of objections contending that the petitioner is involved in the offence punishable under Section 302 of IPC, there is a prima facie case against the petitioner. The petitioner/accused has committed murder of his own father and if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offences, the petitioner is not entitled for bail. Hence, prayed for rejection of petition. 6. Perused the material available on record. 7. The Investigating Officer after completion of investigation has filed the charge-sheet. As per the charge sheet material, it reveals that the case is based on circumstantial evidence. As per column No.17 of the charge-sheet, the Investigating Officer opined that accused developed illicit relationship with CW.10- Vijayalakshmi. Hence, deceased Adiveppa, the father of accused, objected regarding illicit relationship of accused - 5 - HC-KAR NC: 2025:KHC-D:7489 CRL.P No. 101725 of 2025 with CW10. Therefore, accused developed ill-will against his father and decided to eliminate him. Accordingly, in the night hours on 13.11.2024, the accused thrown big size stone on the head of his father and thereby, committed murder. 8. During the course of investigation, the Investigating Officer recorded voluntary statement of accused, wherein, the accused gave extrajudicial confession and admitted his guilt. However, the Investigating Officer has not taken fingerprint of the accused from the stone recovered under the Seizer Mahazar. As per the opinion of Investigating Officer, the accused thrown big size stone on 3-4 occasions on the head of the deceased. Hence, clothes of accused might have sustained with blood. But, such blood stained cloth of accused is not recovered by the Investigating Officer. So far as conduct of the accused is concerned, accused did not abscond from the scene of offence soon after the incident and remained in the village. As per the statement - 6 - HC-KAR NC: 2025:KHC-D:7489 CRL.P No. 101725 of 2025 of mother of accused recorded by the Investigating Officer, though she has stated about the incident, but she has not stated about the motive in commission of offence, more particularly illicit relationship of accused with CW.10. Hence, in this case, the aspect of motive appears to be absent. As per the Post Mortem report, the cause of death is due to head injury sustained. 9. On perusal of the entire prosecution papers and considering the fact that investigation has been completed and Investigating Officer has filed the charge-sheet and having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; - 7 - HC-KAR NC: 2025:KHC-D:7489 CRL.P No. 101725 of 2025 ORDER The petition filed under Section 439 of Cr.P.C., [Section 483 of BNSS, 2023) is allowed. The petitioner/accused is ordered to be enlarged on bail in S.C.No.11/2025, on the file of III Additional District and Sessions Judge, Dharwad (Crime No.153/2024 of Navalgund Police Station), on he executing personal bond in a sum of Rs.2,00,000/- with one surety for the like sum to the satisfaction of trial Court, subject to the following conditions: i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses; ii) The petitioner shall appear before the Court regularly without fail; iii) The petitioner shall not involve himself in similar offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 20