- 1 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104190 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. PRADEEP SATTEPPA KHOT S/O. SATTEPPA KHOT, AGED ABOUT 19 YEARS, R/O. KANKANWADI NOW AT SALAHALLI, TQ. RAIBAG, DIST. BELAGAVI, KARNATAKA-591 317. 2. HANAMANT JAYAPPA MESTRI S/O. JAYAPPA MESTRI, AGED ABOUT 20 YEARS, R/O. ADIJMABAV NAGAR GOKAK, TQ. GOKAK, DIST. BELAGAVI, KARNATAKA-581 218. ...PETITIONERS (BY SRI. AVINASH M.ANGADI, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 AND: THE STATE OF KARNATAKA, THROUGH GOKAK TOWN POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.06 AND 07 ON REGULAR BAIL IN CRIME NO.0045/2025 WHICH IS REGISTERED BY GOKAK TOWN POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 238(A), 189(2), 191(2), 191(3), 126(2), 61(2), 103(1), 352, 351(2), 190 OF BNS-2023 AND SECTION 25(1)(A) OF INDIAN ARMS ACT-1959 PENDING ON THE FILE BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT GOKAK IN CC NO.4348/2025, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 07.11.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are arraigned as accused Nos.6 and 7 seeking for grant of regular bail in Crime No.45/2025 of Gokak Town Police for the offences punishable under Sections 238(a). 189(2), 191 (2), 191(3), 126(2), 61(2), 103(1), 352, 351(2), 190 of Bharathiya Nyaya Sanhita (for brevity, ‘BNS’), 2023 and Section 25(1)(A) of Indian Arms Act, 1959. Brief facts of the case: 2. The case of the prosecution is that accused No.1- Vishal Mestri is the friend of C.W.22 - Vijaygowda Ramagowda Patil (V.R.Patil). The said V.R. Patil uploaded the photo of deceased Siddappa Kannamaddi in his whatsapp status captioning as ‘’Jai Bheem Anna’’. The deceased - Siddappa Kannamaddi is alleged to have been killed by the accused in Cr. No.72/2020. - 4 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 3. The brother of accused in Cr.No.72/2020 threatened V.R. Patil as to why he had uploaded the photo of deceased Siddappa in his whatsapp status and also they assaulted C.W.22 with Jambe. Therefore, a case came to be registered by C.W.22 in Cr.No.11/2021. 4. Again, the deceased Parshurama Narayana Gondali along with his friends threatened even accused No.1 – Vishal Mestri for the reason that he was assisting V.R.Patil and assaulted accused No.1 and caused injuries. Therefore, a case came to be registered by accused No.1 in Cr.No.40/2021 against the deceased - Parashurama Gondali and others. 5. The said deceased Parashurama Gondali was threatening accused No.1 to withdraw the case filed against him and his followers. Again accused No.1 filed a case against the deceased and others for having threatened him in a case registered under Cr.No.123/2023. - 5 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 6. Such being the fact, accused Nos. 1 to 7 hatched a plan to eliminate deceased - Parashuram. Accordingly, accused No.1 called the deceased to discuss about the case. Accordingly, accused No.1 went along with C.W.16 on his scooter and met accused No.1 and others. All the persons consumed alcohol and thereafter, they were proceeding in a car. Accused Nos.1, 2 and 4 to 7 were also present in the said car. 7. It is further stated that when the deceased was driving the said car, accused No.2 was sitting behind the driver seat. It is further stated that accused No.2 strangulated the deceased by using mobile charging wire. In the meantime, accused No.1 stabbed on the stomach of the deceased. Accused No.3 who was proceeding on the scooter, was little ahead from the car and immediately, he came near the car and started stabbing the deceased indiscriminately on all over the body. - 6 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 8. The allegation against the present petitioners is that they were facilitating other persons to commit murder of the deceased by holding the stones in their hands and nobody should come forward to rescue the deceased. 9. Based on the complaint, a case in Cr.No.45/2025 came to be registered against the accused persons for the aforesaid offences. After completion of investigation, the charge sheet was submitted. 10. Heard Sri. Avinash M Angadi, learned counsel for the petitioners and Sri. Praveen Y Devareddiyavara, learned High Court Government Pleader for respondent - State. 11. It is the submission of learned counsel for the petitioners that the petitioners are the innocent of the alleged offences. The deceased was having number of cases pending against him. The present case is based on the statement of sole eyewitness viz., C.W.16. Though, the - 7 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 complainant stated in his complaint about the overt-acts of each accused, he is not an eyewitness to the incident. Accused Nos.6 and 7 have been arrested on 04.05.2025 and 07.05.2025 respectively. They have been in judicial custody from the date of their arrest. They are the sole earning members of their respective families and the entire family is depending upon the income of the petitioners. Accused No.6 is the permanent resident of Kanakavadi, Raibag Taluk whereas accused No.7 is of Adijambhavnagar, Gokak. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, the learned counsel for the petitioners prays to allow the petition. 12. Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that, the petitioners involved in committing murder of the deceased - Parashurama. All the accused in this case, in furtherance of their common intention, committed the - 8 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 murder of the deceased. The present petitioners were facilitating other accused to commit murder of the deceased. If the petitioners are enlarged on bail, there may be chances of committing similar offences or absconding from the case. Therefore, it is not appropriate to grant them bail. Making such submissions, learned HCGP prays to reject the petition. 13. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears that accused No.1 is the friend of C.W.22. The brother of the deceased was the accused in Cr.No.72/2020, wherein it is alleged that the brother of the deceased Parashuram had killed one Siddappa. C.W.22 being a follower of deceased - Siddappa had uploaded the photo in his whatsapp status captioning as ‘Jai Bheem Anna’. The deceased being a brother of the accused in Cr.No.72/2020, assaulted C.W.22 with Jambe for having uploaded the photo of deceased - Siddappa in his whatsapp - 9 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 status. A case was registered by C.W.22 against the deceased and others. Similarly, the said deceased again assaulted accused No.1 for having helped C.W.22 to upload the status of the deceased - Siddappa. Again, one more case was registered against the deceased and others. The deceased - Parashuram was insisting accused No.1 to withdraw the case filed against him and others. The deceased - Parashuram, one or the other pretext, used to torture accused Nos.1 to 5. Being frustrated by the act of the deceased - Parashuram, it is alleged that accused Nos.1 to 7 have made conspiracy to eliminate the deceased. Accordingly, it is stated that all the accused have killed the deceased in front of C.W.16. The charge sheet would indicate that C.W.16 is the eyewitness to the incident. As per the averments of the charge sheet, the overt - acts attributed against accused Nos. 6 and 7 are that they were holding stones in their hands and facilitating the other accused to commit murder of the deceased. - 10 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 14. Having considered the gravity, nature and also overt- acts of the petitioners, I am of the considered view that without adverting to the merits of the case, it is appropriate to enlarge the petitioners on bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners/accused Nos. 6 and 7 are ordered to be enlarged on bail in Crime No.45/2025 of respondent/Police on executing personal bonds for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court subject to the following conditions; (a) The petitioners shall not threaten or tamper the prosecution witnesses nor - 11 - HC-KAR NC: 2025:KHC-D:17732 CRL.P No. 104190 of 2025 hamper the proceedings of the Court. (b) The petitioners shall appear before the Trial Court on all hearing dates without fail. (c) The petitioners shall not involve in any criminal cases till disposal of the case. In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE JS/CT: UMD List No.: 2 Sl No.: 154