- 1 - HC-KAR NC: 2025:KHC-D:7748 CRL.P No. 102127 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102127 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SMT. DANAVVA W/O. MALLAPPA KAMBAR, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. ITNAL VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591317. …PETITIONER (BY SRI. K. ANAND KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, HARUGERI POLICE STATION, REP. BY STATE ADDL. PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE OF THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO.200/2024 OF HARUGERI P.S. ON (C.C.NO.177/2025) ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC COURT RAIBAG, PUNISHABLE U/S.302, 201, 364 AND 120B, R/W. SECTION 34 OF IPC, 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:7748 CRL.P No. 102127 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.K.Anand kumar, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 2. This petition is filed by petitioner/accused No.3 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) (439 of the Cr.P.C.) praying to enlarge them on bail in Crime No.200/2024 of Harugeri Police Station registered for the offences punishable under Sections 302, 201, 364 and 120B read with Section 34 of the Indian Penal Code (for short, ‘the IPC). 3. The brief facts of the prosecution case is as under: On 21.12.2025 at about 7.00 p.m, in the house of the first informant situated in the land bearing Sy.No.80/4 of Itnal village within the limits of Harugeri Police Station, - 3 - HC-KAR NC: 2025:KHC-D:7748 CRL.P No. 102127 of 2025 accused Nos.1 to 3 conspired to commit murder of Mallappa and made him to drink alcohol. Hence, on 21.12.2025 at about 8.00 p.m., accused persons came in their motorcycle secured Mallappa and took him in order to consume alcohol. Thereafter, accused Nos.1 and 2 in furtherance of common intention committed murder of Mallappa at Southern bund of Krishna river at Daroor village and threw the dead body to the river in order to destroy the evidence. Hence a complaint was lodged. This leads to registration of FIR and investigation. 4. Learned counsel for the petitioner/accused No.3 contended that petitioner is innocent and she has not committed any offences as alleged by the prosecution and she has been falsely implicated in this case. There is no overtact alleged against her and nothing is recovered from her possession. The only allegation is that this petitioner/accused No.3, was the conspirator in order to commit murder of Mallappa. Accused Nos.1 and 2 who have committed the offence and later, they destroyed the - 4 - HC-KAR NC: 2025:KHC-D:7748 CRL.P No. 102127 of 2025 dead body in the Krishna river at Daroor village. Petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail. 5. Per contra, learned High Court Government Pleader for the respondent-State contended that the petitioner is involved in the offence punishable under Section 302 of IPC, there is prima facie case against her, if she is released on bail, she 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. 6. Perused the material available on record. The Investigating Officer after completion of investigation has filed charge-sheet. On perusal of the charge-sheet material, on 22.12.2023, on the instigation of accused No.3, accused Nos.1 and 2 took deceased Mallappa in order to consume alcohol and thereafter, they assaulted him and thrown his dead body in the Krishna river at - 5 - HC-KAR NC: 2025:KHC-D:7748 CRL.P No. 102127 of 2025 Daroor village. The complaint was lodged on 14.11.2024 after lapse of 11 months. The investigating report reveals that petitioner being accused No.3 was conspirator and she has not at all participated in the crime. 7. On perusal of entire prosecution papers, there is no material against accused No.3 to attract Section 302 of the IPC, at this juncture. The main allegation is against, accused Nos.1 and 2. 8. Having regard to the facts and circumstances of the case and 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, tempering of the prosecution witnesses, petitioner is entitled for grant of bail. Accordingly, this Court proceeds to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:7748 CRL.P No. 102127 of 2025 ORDER The petition filed by petitioner/accused No.3 is allowed. The petitioner/accused No.3 is ordered to be enlarged on bail in Crime No.200/2024 (in C.C.No.177/2025 on the file of the Prl. Civil judge and JMFC Raibag, on she executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction jurisdictional Court, subject to the following conditions: i. Petitioner shall not tamper the prosecution witnesses. ii. Petitioner shall appear before the Court regularly without fail. iii. Petitioner shall not commit similar offences. Violation of any of these conditions would entail for cancellation of bail. - 7 - HC-KAR NC: 2025:KHC-D:7748 CRL.P No. 102127 of 2025 Ordered accordingly. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 34