- 1 - HC-KAR NC: 2025:KHC-D:16208 CRL.P No. 104584 of 2025 C/W CRL.P No. 104478 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104584 OF 2025 (439(Cr.PC)/483(BNSS)) C/W CRIMINAL PETITION NO.104478 OF 2025 IN CRIMINAL PETITION NO.104584 OF 2025 BETWEEN: DURGACHARI S/O. BASAVARAJ @ BASAVARAJACHARI BADIGER, AGE. 25 YEARS, OCC. PHOTOGRAPHER, R/O. MASUR VILLAGE, TQ. RATTIHALLI, DIST. HAVERI, PIN CODE-581210. &PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HALAGERI POLICE STATION, HAVERI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, DHARWAD, BENCH AT DHARWAD-580011. &RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16208 CRL.P No. 104584 of 2025 C/W CRL.P No. 104478 of 2025 ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CONNECTION WITH HALAGERI PS CR.NO.056/2025 IN SC NO.66/2025, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 238(A), 103(1), 61(1), 61(2), 3(5) OF BNS, 2023, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS, HAVERI, SITTING AT RANEBENNUR, TO MEET THE ENDS OF JUSTICE. IN CRIMINAL PETITION NO.104478 OF 2025 BETWEEN: VINAYAK S/O. NAGAPPA PUJAR, AGE. 27 YEARS, OCC. DRIVER, R/O. MASUR VILLAGE, TQ. RATTIHALLI, DIST. HAVERI PIN-581210. &PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HALAGERI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, DHARWAD BENCH AT DHARWAD-580011. &RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN CONNECTION WITH HALAGERI PS IN CR.NO.056/2025, IN S.C.NO.66/2025, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 238(A), 103(1), 61(1) 61(2), 3(5) OF BNS, 2023, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS, HAVERI, SITTING AT RANEBENNUR, TO MEET THE ENDS OF JUSTICE. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16208 CRL.P No. 104584 of 2025 C/W CRL.P No. 104478 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners/accused Nos.2 and 3 are before this Court seeking for grant of regular bail in Crime No.56/2025 of respondent-police for the offences under Sections 61(2), 103(1), 238(A) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that the deceased Swati was in love affair with accused No.1. However, he refused to marry her. Thereafter, the marriage of the accused No.1 was fixed with another lady and the engagement ceremony was arranged. The petitioner took the said Swati to Swarna Par situated in Ranebennur to advise her that she should not come in his way and also advised her that she should marry another person. However, the said Swati has refused to take his advise and insisted him to marry her. Therefore, he called accused Nos. - 4 - HC-KAR NC: 2025:KHC-D:16208 CRL.P No. 104584 of 2025 C/W CRL.P No. 104478 of 2025 2 and 3 to the said spot and all of them advised the said Swati to have a break with accused No.1 and marry another person. However, she raised her voice to refuse to heed their words. Therefore, it is stated that they had committed the murder of the said Swathi. Based on the suo moto complaint, a case was registered. Investigation has been conducted and charge sheet has been filed. 3. Heard Sri. V. M. Banakar, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent 3 State. 4. It is the submission of the learned counsel for the petitioners that, the petitioners are innocent of the alleged offences and entire case is based on circumstantial evidence. Initially, the case was registered in UDR No.14/2025. Subsequently, after tracing the dead body of the deceased and after receiving post mortem report from the concerned Doctor, a suo moto complaint was registered and investigation was conducted. During the investigation, accused No.1 was arrested on 14.03.2025. On his voluntary - 5 - HC-KAR NC: 2025:KHC-D:16208 CRL.P No. 104584 of 2025 C/W CRL.P No. 104478 of 2025 statement, accused Nos.2 and 3 have been implicated in this case. 5. It is further stated that, the petitioners are the earning members of their respective families. They abide the conditions imposed by this Court in the event of their release. Therefore, the petitioners may be enlarged on bail by allowing the petition is the submission. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the accused Nos.2 and 3 have supported in committing the murder of the deceased Swati. Deceased - Swati is none other than the lover of accused No.1. However, accused No.1 was trying to beat Swati as she was insisting him to marry her. The motive for the said murder has been established by filing the charge sheet. Therefore, it is not appropriate to grant bail to the petitioners. Making such submissions, learned HCGP prays to reject the petition. 7. Having heard the learned counsels for the respective parties and also perused the averments of the - 6 - HC-KAR NC: 2025:KHC-D:16208 CRL.P No. 104584 of 2025 C/W CRL.P No. 104478 of 2025 charge sheet, it appears from the record that, the entire case is based on circumstantial evidence. The overt - acts of the petitioners that they had committed murder of the deceased Swati when the Swathi had refused to take their advise. However, the involvement of the present petitioners has been explained by the co-accused. Under such circumstances, it is appropriate to grant the relief as prayed for in the petition. Hence, I proceed to pass the following: ORDER (i) Both the petitions are allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.56/2025 of respondent-police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2025:KHC-D:16208 CRL.P No. 104584 of 2025 C/W CRL.P No. 104478 of 2025 (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (v) The petitioners shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 30