- 1 - HC-KAR NC: 2025:KHC-D:8185 CRL.P No. 101242 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. 101242 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI MANJUNATH S/O. CHANDAPPA MAREWAD, AGE: 37 YEARS, OCC: CONTRACTOR, R/O. HALYAL ROAD, DEVGIRI, TQ. DIST. DHARWAD, PIN-580020. …PETITIONER (BY SHRI HEMANTHKUMAR L HAVARAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBBALLI VIDYANAGAR POLICE STATION, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SHRI L. S. SULLAD, SPL. PUBLIC PROSECUTOR) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), BY THE PETITIONER SEEKING TO RELEASE HIM ON REGULAR BAIL IN S.C. NO.5100/2022, FOR THE OFFENCES PUNISHABLE U/S.120(B), 302 R/W. SECTION 34 OF IPC OUT OF ARISING VIDYA NAGAR P.S. CR.NO.97/2022, PENDING BEFORE THE I ADDL. DISTRICT AND SESSION JUDGE, DHARWAD SITTING AT HUBBALLI, 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:8185 CRL.P No. 101242 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Hemanthkumar L. Havaragi, learned counsel for the petitioner and Sri. L.S. Sullad, learned Special Public Prosecutor for respondent – State. 2. The petitioner has filed this petition under Section 439 of Cr.P.C. seeking for grant of bail in S.C. No.5100/2022 on the file of learned I Additional District and Sessions Judge, Dharwad, sitting at Hubballi. 3. The brief facts of the prosecution case are as under: Accused Nos.1 and 2 were ex-employees of deceased – Sri. Chandrashekar Angadi. They were having previous enmity with the deceased. On 04.07.2022, accused Nos.1 and 2 stayed in Room No.305 of Canara Lodge, Hubballi, where they conspired and preplanned for committing the murder of deceased. Hence, they brought two knives. On 05.07.2022 at about 11:13 a.m., accused No.1 made - 3 - HC-KAR NC: 2025:KHC-D:8185 CRL.P No. 101242 of 2025 phone call to deceased Sri. Chandrashekar Angadi and obtained his permission to meet him in the lounge of President Hotel at Unkal Hubballi and with the said premeditation to commit the murder of the deceased, accused Nos.1 and 2 came in the Datson car bearing registration No.KA-29/MG-7466 being equipped with the deadly weapon of knives went to the Unkal, Hubballi Taluk and they parked the car by the side of the road in front of the President Hotel and while coming to the President Hotel, accused No.1 made a phone call to the deceased by informing that they have arrived at the President Hotel and afternoon at about 12:25 p.m., when accused Nos.1 and 2 were waiting in the waiting lounge near the reception of the President Hotel, the deceased came and when he occupied the seat at the lobby, accused Nos.1 and 2 in front of eye witnesses i.e., C.Ws.22, 23, 25 to 29 stabbed the deceased with knives multiple times and caused severe injuries and ran away from the spot and thereafter the deceased was shifted to the KIMS Hospital, - 4 - HC-KAR NC: 2025:KHC-D:8185 CRL.P No. 101242 of 2025 Hubballi, wherein he was declared as dead. Accordingly, the first informant lodged a complaint, which led to the registration of an FIR and initiation of investigation. 4. During the course of investigation, petitioner – accused No.2 was arrested and in turn he 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 this case. There is no overt act alleged against him and nothing is recovered from his possession. The only allegation is that this petitioner was accompanied accused No.1 to the President Hotel. Further, the petitioner is in judicial custody for more than three years and he is ready to abide by any conditions to be imposed by this Court. With these grounds, he prayed to allow the petition. 6. Per contra, learned Special Public Prosecutor has filed the statement of objections contending that the - 5 - HC-KAR NC: 2025:KHC-D:8185 CRL.P No. 101242 of 2025 petitioner is involved in the offence punishable under Section 302 of IPC. There is a prima face case against him. There are eight eye witnesses to the incident and the prosecution examined only one eye witness before the Trial Court. If the petitioner – accused No.2 is released on bail, he may tamper the prosecution witness and hamper the trial. Thus, considering the nature and gravity of offence, the petitioner is not entitled for bail. Hence, he prayed for rejection of the petition. 7. Perused the materials available on record. The Investigating Officer after completion of investigation has filed the charge sheet. The charge sheet material reveals that the incident occurred in the President Hotel, Hubballi. Accused Nos.1 and 2 both conspired together came to President Hotel and in front of CWs.22, 23, 25 to 29 committed murder of the deceased Sri. Chandrashekar Angadi. The Investigating Officer recorded the statement of eye witnesses to the incident and they have stated - 6 - HC-KAR NC: 2025:KHC-D:8185 CRL.P No. 101242 of 2025 about the individual overt act of accused Nos.1 and 2 and the manner of assault laid by them. 8. The Investigating Officer has collected CCTV footages. In Criminal Cases, CCTV footages is considered substantive evidence and can be pivotal in establishing facts, such as, presence, identity, or activity at a specific time and place. CCTV footage is recognized as electronic data or electronic record under Sections 2(o) and 2(t) of the Information Technology Act, 2000 and qualifies as documentary evidence, when produced in Court. 9. Further, the Investigating Officer has seized the blood stained clothes of accused No.2 and as per the FSL report, the clothes were stained with blood. Hence, there is prima facie material against the petitioner. If the petitioner is released on bail, he may hamper the prosecution witnesses more particularly eye witnesses to the incident. Hence, there is no merit in the petition. Accordingly, the petition is dismissed. - 7 - HC-KAR NC: 2025:KHC-D:8185 CRL.P No. 101242 of 2025 10. It is made clear that the petitioner is at liberty to move similar bail application before the Trial Court soon after examination of material witnesses including the eye witnesses to the incident. 11. In view of dismissal of the petition, pending I.As., if any, stand disposed of. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 21