- 1 - HC-KAR NC: 2025:KHC-D:8207 CRL.P No. 101648 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101648 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SRI. NAVEEN S/O. MUSHAPPAGOWDA MULKIGOWDAR, AGE: 40 YEARS, OCC: BUSINESS, R/O. PLOT NO.7, JAYANAGAR, HUBBALLI-580023. …PETITIONER (BY SHRI KINI N. S. AND SHRI A. A. KALEBUDDE, ADVOCATES) AND: STATE OF KARNATAKA, BY PSI VIDYANAGAR POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580011. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ ACCUSED NO.1 ON BAIL IN S.C. NO.70/2018, (CRIME NO. 35/2018 VIDYA NAGAR P.S.) PENDING ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT: HUBBALLI, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 147, 148, 302, 201, 120(B) R/W. 149 OF IPC, 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:8207 CRL.P No. 101648 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioner - accused No.1 in S.C.No.70/2018 pending on the file of V Additional District and Sessions Judge, Dharwad sitting at Hubballi (arising out of Crime No.35/2018 of Vidyanagar Police Station, Hubballi), has filed this petition seeking to grant of regular bail under Section 439 of Code of Criminal Procedure, 1973 (“Cr.P.C.” for short). 2. This is a successive bail petition filed by the petitioner – accused No.1. 3. The brief facts of the prosecution case are as under: The petitioner – accused No.1, is the younger brother of accused No.5. The deceased, Babu Hundekar was the husband of accused No.5. The deceased was having illicit relationship with a paramedical staff working in his hospital. He had invested money in business of petitioner and pestering to return the - 3 - HC-KAR NC: 2025:KHC-D:8207 CRL.P No. 101648 of 2025 money. Being enraged by such conduct of the victim, the petitioner along with accused No.5 conspired to commit murder of Babu Hundekar and in execution of such criminal conspiracy on 12.03.2018 at 12:00 noon, the petitioner, accused No.2 and 4 committed murder of Babu Hundekar and they burnt dead body near the land of CW.61. 4. Learned counsel for the petitioner contended that, the case is based on circumstantial evidence and accused Nos.3 and 5 have been granted bail and the prosecution has examined 56 witnesses as PWs.1 to 56 and none of the witnesses have stated anything about the petitioner - accused No.1. Hence, he seeks bail on the ground of parity also. 5. Learned High Court Government Pleader submits that accused Nos.3 was granted bail as he turned approver and against accused No.5, there are no allegations of individual overt-act against the deceased. There are sufficient materials against the petitioner - - 4 - HC-KAR NC: 2025:KHC-D:8207 CRL.P No. 101648 of 2025 accused No.1. The petitioner earlier filed Crl.P.No.102337/2018, Crl.P.No.100528/ 2020 and Crl.P.No.101329/2021 and the same were rejected. However, in Cr.P.No.101329/2021 and Crl.P.No.100528/2020, this Court granted bail on medical ground only. 6. Now the prosecution has examined in all 56 witnesses. Some of the prosecution witnesses were dropped by the Trial Court. The Trial is in its final stages and likely to be concluded within next couple of days. 7. At this juncture, the petitioner has filed this petition. Admittedly, the Trial is in progress. This Court has already rejected the prayer for granting bail after considering the nature and gravity of the offences committed by the petitioner. Hence, at this Juncture, I am of the opinion that the petitioner – accused No.1 has failed to establish the fact that, there is changed circumstances to enlarge him on bail. - 5 - HC-KAR NC: 2025:KHC-D:8207 CRL.P No. 101648 of 2025 Accordingly, the petition is dismissed. It is made clear that soon after examination of all witnesses, the petitioner is at liberty to move similar bail petition before the Trial Court. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 23