- 1 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103102 OF 2025 C/W CRIMINAL PETITION NO. 103105 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO. 103102 OF 2025: BETWEEN: RAMESH S/O ADIVEAPPA AMBIGERA, AGE. 22 YEARS, OCC. PRIVATE WORK, R/AT: ANAND NAGAR, AMBEDKAR COLONY, NEAR MAILARLINGESHWARA TEMPLE, OLD HUBBALI, TQ. HUBBALLI, DIST. DHARWAD-580 028. & PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, VIDYANAGAR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, (UNDER SECTION 439 OF CR.P.C.), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL IN C.C. NO.3802/2025 PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC, AT: HUBBALLI ARISING IN VIDYANAGAR POLICE CRIME NO.11/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 103(1), 61(2), 126(2), 249 R/W 190 OF BNSS 2023, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 IN CRL.P. NO.103105 OF 2025: BETWEEN: 1. ABHISHEK S/O VEERESH GODACHI, AGE. 21 YEARS, OCC. TATA VEKAL, R/O. ANAND NAGAR, LAST BUS STOP, OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 020. *2. ROHAN S/O RAJU BILAGI, AGE 27 YEARS, OCC: PRIVATE WORK, R/O: NEAR NANDGOKUL SAMUDAY BHAVAN, NANDGOKUL, TQ: HUBBALLI, DIST: DHARWAD-580 023. & PETITIONERS (BY SRI. HIRANKUMAR J. PATEL, ADVOCATE) AND: THE STATE OF KARNATAKA, VIDYANAGAR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, (UNDER SECTION 439 OF CR.P.C.), PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.5 AND 7 ON REGULAR BAIL IN VIDYANAGAR POLICE CRIME NO.11/2025 PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC, AT: HUBBALLI IN C.C. NO.3802/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 103(1), 61(2), 126(2), 249 R/W 190 OF BNSS 2023, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: *Corrected vide Court Order dated 30.08.2025 Sd/- (SVSJ) - 3 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.4, 5 and 7 in Crime No. 11 of 2025 registered by Vidyanagar Police Station, Hubballi-Dharwad District for offences punishable under Sections 189(2), 191(2), 191(3), 103(1), 61(2), 126(2) 249 and 190 of BNS 2023 are before this Court in these two petitions filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No. 11 of 25 was registered by Vidyanagar Police Station. Hubballi-Dharwad District, initially for offences punishable under Section 189(2), 191(2), 193, 103, 162 and 190 of BNS 2023, against Abhishek and others, based on the first information dated 28.01.2025 received from Sri Parashuram Valmiki, who is the father of deceased Akash. During the course of investigation, accused no.4 was arrested on 30.01.2025, accused no.5 was arrested on 10.02.2025 and accused no.7 was arrested on 04.02.2025. All the accused were subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against 8 persons - 4 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 and petitioners herein are arrayed as accused no. 4, 5 and 7 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court was rejected. Therefore, accused No.4 is before this Court in Crl.P.No.103102/2025 and accused Nos.5 and 7 are before this Court in Crl.P.No.103105/2025. 4. Perusal of the material on record would go to show that accused nos.1 to 4 had an ill will against deceased Akash. Deceased Akash had earlier assaulted accused nos.4 and in respect of the said incident, criminal case was registered against the deceased. It is in this background, accused No.4 along with accused Nos.2, 3, 5 and 8 had conspired to commit the murder of Akash. On 28.01.2025 accused no.4 had received information that Akash was consuming alcohol in a bar and restaurant. He allegedly instigated accused nos.1 to 3 to commit the murder of Akash and thereafter, accused nos.1 to 3 allegedly went near the bar and restaurant, in which, Akash was consuming alcohol. When Akash came out of the bar and restaurant, after consuming alcohol along with CW21 and CW22, accused Nos.1 to 3, who were armed with deadly weapons, allegedly assaulted Akash with the said weapons and - 5 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 committed his murder. Undisputedly,, the other accused persons named in the charge sheet were not present at the spot of crime. Allegation against accused no.4 is that he had conspired with the other accused persons to commit the murder of Akash and after the murder was committed, he had arranged for a room in God Gift Lodge at Darwad-Belur Industrial Area and had harboured accused nos.6 to 8. Accused nos.6 and 8 have been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.102314 of 2025, disposed of on 16.07.2025. Undisputedly, the petitioners herein do not have any criminal antecedents. 5. Allegation as against accused nos.5 and 7 is similar to the allegations found in the charge sheet against accused nos.6 and 8, who have been granted bail. Insofar as accused no.4 is concerned, the only additional allegation against him is that he had conspired with the accused nos.1 to 3 to commit the murder of the deceased. Undisputedly, he was not present at the spot of crime. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of bail needs to be answered affirmatively. - 6 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 6. Accordingly, the following:- ORDER Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No. 11 of 2025 registered by Vidyanagar Police Station, Hubballi-Dharwad District for offences punishable under Sections 189(2), 191(2), 191(3), 103(1), 61(2), 126(2) 249 and 190 of BNS 2023, subject to the following conditions: i. The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court; ii. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 iv. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK LIST NO.: 1 SL NO.: 35 - 8 - HC-KAR NC: 2025:KHC-D:10745 CRL.P No. 103102 of 2025 C/W CRL.P No. 103105 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [RAMESH S/O ADIVEPPA AMBIGERA VS. THE STATE OF KARNATAKA] 30.08.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER ON <BEING SPOKEN TO= Learned counsel for the petitioner submits that in Crl.P. No.103105 of 2025, the name and particulars of petitioner No.2 / accused No.7 has not been typed by mistake. The Registry is therefore required to carry out necessary correction in the cause title of Crl.P. No.103105/2025 and issue fresh certified copy to the parties. Sd/- ( S.VISHWAJITH SHETTY) JUDGE vnp List No.: 1 Sl No.: 1