- 1 - HC-KAR NC: 2025:KHC-D:7457 CRL.P No. 101928 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. 101928 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI DNYANESHWAR S/O. PANDURANG NAVALE, AGE: 22 YEARS, OCC: STUDENT/WEIGHT LIFTER, R/O. KHANDNAL, TQ. JAITH, DIST. SANGLI, STATE MAHARASHTRA. …PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY. THE PSI AIGALI P.S., TQ AND DIST. BELAGAVI 591248, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-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) SEEKING TO GRANT A BAIL TO THE PETITIONER/ACCUSED NO.2 IN CRIME NO.112/2024, AIGALI POLICE STATION FOR OFFENCES PUNISHABLE U/S.189(2), 191(3), 126(2), 49, 140(1), 115(2) 103(1), 238 SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023, PENDING FILE BEFORE THE I ADDL. CIVIL JUDGE AND JMFC ATHANI, 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:7457 CRL.P No. 101928 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent- State. 2. This petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (for short, ‘the BNSS’), 2023, for grant of bail in Crime No.112/2024 of respondent Police Station for the offence punishable under Section 189(2), 191(3), 126(2), 49, 140(1), 115(2), 103(1), 238, 190 of Bharatiya Nyaya Sanhit, (for short, ‘the BNS’) 2023. 3. The brief facts of the prosecution are as under: 4. On 29.07.2024 at about 7:00 p.m., the accused Shambulinga had came to the farm house of the complainant in car and asked the complainant as to where about of Sangappa i.e., father of the complainant, thus the complainant told that his father went towards city, then accused went towards Kohalli in the car. Thereafter at - 3 - HC-KAR NC: 2025:KHC-D:7457 CRL.P No. 101928 of 2025 about 7:45 p.m, the brother of the complainant-Santosh came to the home on his motorcycle by weeping and he told that the said Shambulinga and another have kidnapped his father in the car bearing registration No.MH- 43/AN-0799. Thereafter, the complainant and his brothers went to the Kohalli in the car and joined his relatives and in the mean while, complainant received telephonic call from Shambulinga, wherein Shambulinga demanded a sum of Rs.1,00,000/- in ordered to leave his father. Thereafter, accused persons kidnapped father of the complainant and committed murder. Hence, complainant lodged the complaint and this leads to registration of FIR and investigation. 5. During the course of investigation, petitioner was arrested and in turn, he remanded to the judicial custody. 6. Learned counsel for the petitioner contended that the petitioner is innocent, he has not committed any offence as alleged by the prosecution. The petitioner is - 4 - HC-KAR NC: 2025:KHC-D:7457 CRL.P No. 101928 of 2025 permanent resident of address shown in the cause title of the petition and he is ready to abide by any conditions that may be imposed by this Court. Thus, he prayed for grant of bail. 7. Per contra, the learned High Court Government Pleader contended that, there is prima facie material against accused No.2 to cause death of the deceased. If he is released on bail, he may threaten prosecution witnesses and would hamper the investigation as well as the trial. Thus, she prayed to reject the bail petition. 8. From perusal of the material on record, the complaint and investigation papers reveals that, the allegation is mainly against accused No.1 with reference to crime and even in charge sheet, there are specific overtact against petitioner/accused No.2 with reference to his participation in the crime. As per the statement of witness and post mortem examination, the cause of death due to asphyxiatia by accused No.2, who strangulated the victim with face mask and scarf. Hence, prima facie material - 5 - HC-KAR NC: 2025:KHC-D:7457 CRL.P No. 101928 of 2025 would clearly indicate that the involvement of accused No.2 in the crime. Thus, parity cannot be extended as that of accused Nos.1 and 3 to 5. Allegation against accused No.1 and 3 to 5 are different and allegation made against accused No.2 is different. Accordingly, I proceeds to pass the following: ORDER The petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 19