- 1 - HC-KAR NC: 2025:KHC-D:7504 CRL.P No. 101864 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101864 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. KENGERI YALLAPPA S/O. SANNA YALLAPPA, AGED ABOUT 65 YEARS, OCC: LABOURER, R/O. 9TH WARD, AMBEDKAR NAGAR, NEAR GOVERNMENT HIGH SCHOOL, KAMALAPURA, HOSAPETE TALUK, VIJAYANAGAR DISTRICT-583201. 2. KENGERI CHIDANANDA S/O. KENGERI YALLAPPA, AGED ABOUT 39 YEARS, OCC: AUTO DRIVER, R/O. 9TH WARD, AMBEDKAR NAGAR, NEAR GOVERNMENT HIGH SCHOOL, KAMALAPURA, HOSAPETE TALUK, VIJAYANAGAR DISTRICT-583201 …PETITIONERS (BY SHRI SACHIN C. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH KAMALAPURA P.S, KAMALAPURA, REP. BY ITS ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580004. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS, 2023 SEEKING TO ALLOW THE PETITION AND RELEASE THE PETITIONERS ON REGULAR BAIL IN CRIME 11/2025 REGISTERED BY THE KAMALAPURA P.S. FOR OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 3(5), OF BNS, WHICH IS NOW PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC., HOSPATE IN BEARING C.C NO. 83/2025 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:7504 CRL.P No. 101864 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent State. 2. This petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) by accused Nos.1 and 2 seeking to grant regular bail in C.C.No.83/2025 pending on the file of Senior Civil Judge and JMFC, Hosapete arising out of Crime No.11/2025 of Kamalapur Police Station registered for the offence punishable under Sections 103(1), 238, 3(5) of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short). 3. Brief facts of the case of the prosecution are as under: The first informant by name G. Kottayya resident of Kamalapur, Hosapete Taluk filed a complaint alleging that, he is having a brother by name Nagaraj @ Chinnodu aged about 33 years. At about 16 years ago, his brother was - 3 - HC-KAR NC: 2025:KHC-D:7504 CRL.P No. 101864 of 2025 having love affair with Kotramma resident of Ambedkar Nagar, Kamalapur, both loved each other and they had performed their marriage. Out of their wedlock they have two children. Thereafter some misunderstanding arose between the Nagaraj and his wife. Therefore, they were living separately in Kamalapur near Sri Veeresh Tata Math. 4. On 05.02.2025, at about 11:00 a.m., the sister of the first informant, Rajamma, informed him over the phone that a dead body was lying near Veeresh Tata Math, ITI College building. Upon receiving the information, the first informant proceeded to the location and found the dead body of Nagaraj, which he subsequently identified. Pursuant to this, a complaint was lodged, leading to the registration of a FIR and commencement of investigation. During the course of investigation, petitioner Nos. 1 and 2 were arrested and subsequently remanded to judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:7504 CRL.P No. 101864 of 2025 5. The learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged by the prosecution. The prosecution case rests solely on circumstantial evidence, and there are no eyewitnesses to the alleged incident. Accused No.1 is suffering from ailments and has recently undergone a cardiac surgery for removal of a blockage. Moreover, there is no specific overt act attributed to accused No.2. The petitioners have no criminal antecedents and are law- abiding citizens. They are sole breadwinners of their respective families, working as a labourer and an auto driver, respectively. The petitioners are willing to abide by any conditions that may be imposed by this Hon’ble Court. Hence, the learned counsel prays that the petitioners be enlarged on bail in the interest of justice. 6. Per contra, the learned High Court Government Pleader opposed the bail petition and contended that there is prima facie material indicating the involvement of the petitioners in the alleged offence. It is contended that the - 5 - HC-KAR NC: 2025:KHC-D:7504 CRL.P No. 101864 of 2025 petitioners are accused of committing a heinous offence punishable under Section 302 of IPC. If the petitioners are released on bail, there is a likelihood of they fleeing away from justice, thereby evading the process of Court, and there is also a possibility of they tampering with prosecution witnesses and hampering the trial. Accordingly, the learned Government Pleader prayed for rejection of the bail petition. 7. Upon perusal of the charge sheet materials, it appears that there was a quarrel between the deceased Nagaraj and accused No.1. As per the postmortem report, the deceased sustained head and facial injuries caused by a heavy blunt object. Further, the FSL report reveals that the cause of death was due to injuries inflicted by a heavy stone, and it is noted that the deceased was under the influence of alcohol at the time of his death. The charge sheet also reveals that there are no eye witnesses to the incident. Moreover, the clothes of the accused persons have not been recovered by the Investigating Officer. The - 6 - HC-KAR NC: 2025:KHC-D:7504 CRL.P No. 101864 of 2025 materials on record suggest that the incident occurred in the heat of passion, allegedly arising out of the deceased's harassment of the daughter of accused No.1. Accused No.2 is the son of accused No.1. 8. From the perusal of the statements of witnesses, it appears that there was no premeditated intention on the part of the accused persons to commit murder. The accused are working as a labourer and an auto driver, respectively, and their presence can be secured as and when required. At this stage, the investigation is complete and the charge sheet has been filed. Additionally, accused No.1 is aged about 66 years and is suffering from cardiac ailments, having recently undergone surgical intervention for removal of a heart blockage. 9. Considering the aforementioned facts, and taking into account that the investigation is complete and the charge sheet has already been filed, the apprehension - 7 - HC-KAR NC: 2025:KHC-D:7504 CRL.P No. 101864 of 2025 of the petitioners tampering with prosecution witnesses or hampering the investigation does not arise at this stage. Upon careful perusal of the entire material placed on record, this Court is of the considered opinion that the petitioners are entitled to be enlarged on bail. Accordingly, this Court proceeds to pass the following: ORDER [i] The criminal petition is allowed. [ii] The petitioners are ordered to be enlarged on bail on they executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the Trial Court. [iv] The petitioners shall not tamper the prosecution witnesses. [v] The petitioners shall appear before the Court regularly. [vi] The petitioners shall not commit any offence during the pendency of the trial, including any offence similar to the one alleged. - 8 - HC-KAR NC: 2025:KHC-D:7504 CRL.P No. 101864 of 2025 Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail before the appropriate Court in accordance with law. NOTE: The above observation made in this petition is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE EM, RSH/CT-AN List No.: 1 Sl No.: 33