- 1 - HC-KAR NC: 2025:KHC-D:8253 CRL.P No. 102244 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102244 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: MANJUANATH CHIKKOPPA S/O. SIDDALINGAYYA, AGE: 19 YEARS, OCC: STUDENT, R/O. OPP POLICE STATION, MAHAVEER NAGAR, GARAG, TQ AND DIST. DHARWAD. …PETITIONER (BY SRI. K. M. SHIRALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GARAG POLICE STATION, GARAG, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO ORDER TO RELEASE THE PETITIONER/ACCUSED NO.4 ON BAIL IN S.C. NO.23/2025 REGISTERED FOR THE OFFENCES PUNISHABLE U/S.61(1), 49, 329(2), 103(1), 238, 62 R/W. 3(5) OF BNS 2023, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, ARISING OUT OF GARAG P.S. CRIME NO.237/2024, IN THE INTEREST 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:8253 CRL.P No. 102244 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. K.M. Shiralli, learned counsel for the petitioner – accused No.4 and Sri. Jairam Siddi, learned HCGP for the respondent – State. 2. The petitioner has filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) seeking to grant bail in S.C. No.23/2025 on the file of learned IV Additional District and Sessions Judge, Dharwad for the offences punishable under Sections 61(1), 49, 329(2), 103(1), 238, 62 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are as under: On 03.12.2024, the first informant, Deepa, lodged a complaint with the respondent – Police, stating that she resides with her husband, Girish Karadigudda, their 19 - 3 - HC-KAR NC: 2025:KHC-D:8253 CRL.P No. 102244 of 2025 year old daughter Kushi, 15 year old daughter Kruti, and 13 year old son Kishan. On the same day, at around 05:15 p.m., while she was returning from school, her second daughter Kruti approached her and informed her that her father was lying in a pool of blood at their home. Deepa immediately rushed to the house and found her husband lying dead with multiple bleeding injuries on his body. She came to know that, between 3:30 p.m. and 5:00 p.m., some unknown persons had brutally assaulted and murdered him. Based on her complaint, an FIR was registered and investigation was initiated. 4. During the course of the investigation, the name of the petitioner – accused No. 4 emerged. Consequently, the respondent – Police apprehended him, and he was subsequently remanded to judicial custody. 5. Learned counsel for the petitioner contended that the petitioner is innocent, has not committed any offence, and has been falsely implicated in the case. It was - 4 - HC-KAR NC: 2025:KHC-D:8253 CRL.P No. 102244 of 2025 submitted that there is no specific overt act attributed to the petitioner, and nothing incriminating material has been recovered from him. The only allegation against the petitioner is that he was seen standing in front of the house while accused Nos.2 and 3 were committing the murder of the deceased. Now, the investigation has been completed and the I.O. filed charge sheet against accused Nos.1 to 4; the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Therefore, the learned counsel prayed that the petition be allowed. 6. Per contra, the learned HCGP contended that the petitioner is involved in the offence punishable under Section 302 of IPC. There are prima facie allegations against him. If the petitioner is released on bail, he may tamper with the prosecution witnesses and hamper the fair conduct of the trial. Therefore, considering the nature and gravity of the offence, the petitioner is not entitled to be - 5 - HC-KAR NC: 2025:KHC-D:8253 CRL.P No. 102244 of 2025 granted bail. Hence, the learned HCGP prayed for rejection of the petition. 7. Perused the material available on record. The Investigating Officer, upon completion of the investigation, has filed the charge sheet. A perusal of the charge sheet reveals that accused Nos.1 to 4 allegedly conspired to eliminate the deceased, Girish. In furtherance of this conspiracy, on 03.12.2024, while Girish was at his residence, accused Nos.1 to 4 arrived at the scene. Accused Nos.1 and 4 stood watch outside the house, while accused Nos.2 and 3 entered the premises and brutally murdered Girish using daggers. As a result, the deceased sustained grievous injuries and died on the spot. 8. Upon examining the entire prosecution material, it appears that there is no substantive material against the petitioner – accused No.4 to attract an offence under Section 302 of the IPC. The main allegations pertain to accused Nos.1 to 3. - 6 - HC-KAR NC: 2025:KHC-D:8253 CRL.P No. 102244 of 2025 9. The petitioner is 19 years old student and is currently pursuing his first year B.Com studies. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offences, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, his character and antecedents of the petitioner and the possibility of tampering with prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, I proceed to pass the following: ORDER Criminal Petition is hereby allowed. The petitioner – accused No.4 is ordered to be enlarged on bail in S.C. No.23/2025 on he executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:8253 CRL.P No. 102244 of 2025 [i] The petitioner shall not tamper with the prosecution witnesses and shall not threaten any of the witnesses. [iii] The petitioner shall appear before the Court regularly without fail. [iv] The petitioner shall not involve himself in similar offences. Note: The observations made in this order are only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 52