- 1 - HC-KAR NC: 2025:KHC-D:7355 CRL.P No. 101827 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101827 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: PADMAKAR S/O. BHARAT KETAPPAKHOT, AGE: 27 YEARS, OCC: AGRICULTURE, R/O. SHAMANEWADI-591214, TQ. CHIKKODI, DIST. BELAGAVI. …PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE POLICE INSPECTOR, SADALAGA P.S, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 ENLARGE THE PETITIONER/ACCUSED NO.2 IN U/S.103(1), 352 R/W. SECTION 3(5) OF BNS, 2023 AND REGISTERED CASE IN S.C. NO.5005/2025 (SADALAGA P.S. CRIME NO.125/2024) PENDING ON THE FILE OF THE VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITING AT CHIKKODI, 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:7355 CRL.P No. 101827 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. Petitioner has filed this petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) 2023, to grant bail in S.C.No.5005/2025 on the file of the learned VII Additional District and Sessions Court, Belagavi, sitting at Chikodi. 3. The brief facts of the prosecution case are as under: There was dispute between the first informant and accused person in connection with the land bearing survey No.236 of Naj village, standing in the name of mother of the first informant, since twenty (20) years. On 05.10.2024 at about 9:30 A.M., when the accused persons were laying road by cutting the grass, the first informant and her son objected the action of the accused persons. - 3 - HC-KAR NC: 2025:KHC-D:7355 CRL.P No. 101827 of 2025 Thus, they made criminal intimidation to eliminate the first informant and her son. On the same day, at about 3:15 P.M., when the son of the first informant by name Sunil was returning to his house after approaching the Police Station, near the land of one Ravasab S/o Shripal Shiraguppe, at Sadalga town, accused Nos.1 and 2 with a common intention restrained Sunil, when he was proceeding in his motorcycle, took quarrel with him, and accused No.1 assaulted Sunil with sickle on his neck and accused No.2 assaulted Sunil with iron rod on his head. Hence, Sunil succumbed to injuries, when he was shifted to hospital for treatment. Therefore, case has been registered in Crime No.125/2024 for the aforesaid offences. This leads to investigation and filing of charge sheet. 4. During the course of investigation, accused No.2 was arrested and in turn, he was remanded to the judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:7355 CRL.P No. 101827 of 2025 5. Learned counsel for the petitioner contended that accused No.2 has not committed any offence and he is innocent, he has been falsely implicated in case. There is civil dispute between the parties. As per the complaint, the complainant is shown as an eye witness to the incident, whereas the statement of the complainant recorded under Section 164 of the Cr.P.C., he made contradictory statement, stating that accused No.1 assaulted with rod and accused No.2 assaulted with sickle. Further, as per the sketch furnished by Investigating Officer, the alleged incident was occurred on the tar-road, whereas, in the complaint, the scene of offence is shown as government road. 6. Further, alleged recovery made by the Investigating Officer from accused Nos.1 and 2 is not permissible under law, as it was joint recovery. The petitioner is ready and willing to abide by any conditions that may be imposed. On all these grounds, he prayed to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:7355 CRL.P No. 101827 of 2025 7. Per contra, learned HCGP for respondent-State has filed statement of objections and contended that the petitioner is involved in the offence punishable under Section 302 of the IPC and there is prima facie case against the petitioner. If he is released on bail, there is likelihood that he may flee away from the justice and also there are chances of tampering the prosecution witnesses and hamper the trial. Considering the nature and gravity of the offence, petitioner is not entitled for bail. Hence, he prayed for rejection of the bail petition. 8. Perused the material available on record, the investigating officer after completion of the investigation has filed charge sheet. 9. On perusal of the entire charge sheet materials, it appears that on 05.10.2024 at about 9.30 a.m., when the accused persons were cutting grass in order to lay road near their house, complainant and his son i.e., deceased-Sunil were questioned their acts. Thus, accused Nos.1 and 2 made criminal intimidation to eliminate him - 6 - HC-KAR NC: 2025:KHC-D:7355 CRL.P No. 101827 of 2025 and on the same day, at about 3.15 p.m., when deceased- Sunil was returning to his home, after approaching the jurisdictional Police about the criminal intimidation made by the accused persons. On the same day, at about 9.30 a.m., accused Nos.1 and 2 restrained Sunil and took quarrel with him and accused No.1 assaulted deceased with sickle on his neck and so also accused No.2 assaulted Sunil with iron rod 3-4 occasions on the head of the deceased. 10. From perusal of the post mortem report, the doctor is of the opinion that the deceased-Sunil sustained head and neck injuries. Head injury caused by hard and blunt objects like rod and neck injuries caused by hard and sharp object life sickle and the cause of death is due to cardio respiratory failure secondary to hemorrhagic. 11. As per the Forensic Science Laboratory (FSL) report at Sl.Nos.06 to 11 and 14 to 17, the Investigating Officer recovered the clothes of accused Nos.1 and 2 and deceased and on being examination and as per the - 7 - HC-KAR NC: 2025:KHC-D:7355 CRL.P No. 101827 of 2025 serological report, the article at Sl.Nos.06 to 11 and 14 to 17 were blood stained. As per the opinion of the FSL Officer, the article at Sl.Nos.06 to 11 and 14 to 17 were stained with human blood and ‘B’ group. 12. As per the seizure mahazer, investigating officer recovered blood stained clothes of accused Nos.1 and 2 of their instances pursuant to the voluntary statement of accused Nos.1 and 2, it shows that there is prima facie case against accused Nos.1 and 2. He involved in the alleged offences. 13. 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 not entitled for grant of bail. Accordingly, this Court proceeds to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:7355 CRL.P No. 101827 of 2025 ORDER Criminal petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 21