- 1 - HC-KAR NC: 2025:KHC-D:7963 CRL.P No. 102108 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102108 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. SRI. NINGAPPA S/O. GULAPPA HIRAKANNAVAR, AGE: 28 YEARS, OCC: AGRICULTURE. 2. SRI. LAXMAPPA S/O. GULAPPA HIRAKANNAVAR, AGE: 25 YEARS, OCC: AGRICULTURE, BOTH R/O KADARKOPPA VILLAGE, TQ. BADAMI, DIST. BAGALKOT-587201. …PETITIONERS (BY SHRI SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH PSI, KERUR POLICE STATION, REP. BY ITS STATE PUBLIC PROCECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE THEM ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN KERUR P.S. CRIME NO. 01/2025 FOR THE OFFENCES PUNISHABLE U/SEC.103(1), 109, 3(5) AND 352 OF BNS-2023 IN SO FAR AS PRESENT PETITIONERS/ACCUSED NO.1 AND 2 WHICH IS PENDING IN S.C.NO.28/2025 BEFORE PRL. DISTRICT AND SESSIONS JUDGE BAGALKOTE ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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:7963 CRL.P No. 102108 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Santosh B. Malagoudar, learned counsel for the petitioners and Sri. Jairam Siddi, learned HCGP for the respondent – State. 2. The petitioners – accused Nos.1 and 2 have filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) to grant bail in connection with Crime No.1/2025 of Kerur P.S., Badami Taluk, Bagalkote District for the offences punishable under Sections 103(1), 109, 3(5) and 352 of Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are as under: The first informant lodged a complaint with the respondent–Police, alleging that his maternal aunt, Smt.Kasturibai Thippanna Kaama, is the owner of agricultural land bearing Survey No.160/5, situated at - 3 - HC-KAR NC: 2025:KHC-D:7963 CRL.P No. 102108 of 2025 Hoskote village in Badami Taluk. As Smt. Kasturibai has been residing abroad, in Australia, accused Nos.1 to 3 had been cultivating the said land since many years. On 01.01.2025, at around 11:00 a.m., Sri.Basangouda Balanagouda Patil, the brother of Smt.Kasturibai, visited the land bearing Survey No.160/5. At the same time, accused Nos.1 to 3 with an intention to commit murder of Sri.Basanagouda, took quarrel with him and assaulted him with sugarcane club and stone on his person and head. Thus, he sustained severe injuries and succumbed to the injuries on the said spot. In the meanwhile, CW8 came to the rescue of the deceased. However, he also sustained injuries on his hand. Hence, the first informant lodged complaint, which led to registration of FIR and initiation of investigation. 4. During the course of investigation, accused Nos.1 to 3 were arrested by respondent-Police and in turn, they were remanded to judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:7963 CRL.P No. 102108 of 2025 5. Learned counsel for the petitioners vehemently contended that the petitioners are innocent; they have been falsely implicated in this case and there is no overt- act alleged against them and nothing is recovered from these petitioners. The only allegation against these petitioners is that they assaulted the deceased with sugarcane club and stone. Learned counsel further contended that CWs.8, 9 and 10 are falsely implicated in this case. As per the CDR report of deceased Basanagouda Patil, at the time of incident, he was not at the spot and he was within the limits of Kadarakoppa village. The petitioners are ready to abide by the conditions to be imposed by this Court. With these grounds, the counsel prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader contended that the petitioners are involved in the offence under Section 302 of IPC, there is a prima-facie case against the petitioners, if they are released on bail, they may tamper the prosecution witnesses and hamper - 5 - HC-KAR NC: 2025:KHC-D:7963 CRL.P No. 102108 of 2025 the trial. Learned HCGP further contended that report of CDR is a subject matter of trial. At this juncture, nature and gravity of offence has to be seen and more particularly, statement of victim has to be taken into consideration. Therefore, petitioners are not entitled for bail. Hence, he prayed for rejection of the petition. 7. Perused the material available on record. The Investigating Officer after completion of investigation has filed charge-sheet. On perusal of Column No.17 of charge- sheet, the Investigating Officer opined that accused Nos.1 to 3 have committed murder of deceased. As per the statements of CWs.8 to 10 recorded under Sections 164 and 161 of Cr.P.C., they have stated that they have seen the incident, whereas, in the statement of CW.8, who is alleged to be an eye witness to the incident, he has not narrated the presence of CWs.9 and 10 at the time of incident. Whether CWs.9 and 10 were present and they have seen the incident, is a matter of trial. - 6 - HC-KAR NC: 2025:KHC-D:7963 CRL.P No. 102108 of 2025 8. From perusal of the CDR report, prima-facie it reveals that on the date of alleged incident i.e., on 01.01.2025 at 11:01 hours, the deceased Basanagouda called from his mobile No.9845306373 to the mobile No.9731413331 of CW.8 from Sy.No.25/1B, Kadarakoppa village, Keroora Hobli, Badami Taluk, Bagalkot District. On the same day, the deceased called over his phone on many occasion at 11:04, 11:11, 15:34 hours. As per CDR report of deceased Basanagouda, the last call out is from Sy.No.133/4, Hosakoti village, Kerur Hobli, Badami Taluk, Bagalkot District. 9. As per CDR report of CW.8, on 01.01.2025 at 11:01 hours, when he was at Anawal village, he received phone call from the deceased mobile number. CW.8 has received many phone calls from 11:01 hours till 15:29 hours. Though he visited Anawal, Kadarakoppa and Hosakoti villages, but as per CDR report, he has not visited the scene of offence situated at Sy.No.160/5 of - 7 - HC-KAR NC: 2025:KHC-D:7963 CRL.P No. 102108 of 2025 Hosakote village. Thus, at this juncture, the presence of CW.8 is appears to be doubtful. 10. As per the charge-sheet material, nothing is recovered from the accused either sugarcane club, big size stone or mobile phone. 11. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioners, gravity of offence, severity of punishment, chances of petitioners absconding or fleeing away from justice if released on bail, character and antecedents of the petitioners tampering of the prosecution witnesses, the petitioners are entitled for grant of bail by imposing certain conditions. Accordingly, the following: ORDER The petition filed under Section 439 of Cr.P.C., is allowed. - 8 - HC-KAR NC: 2025:KHC-D:7963 CRL.P No. 102108 of 2025 The petitioners-accused Nos.1 and 2 are ordered to be enlarged on bail in Crime No.01/2025 of respondent- Police Station on they executing personal bond for a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction jurisdictional Court, subject to the following conditions: i) The petitioners shall not tamper the prosecution witnesses and shall not threaten the witnesses. ii) The petitioners shall appear before the Court regularly without fail. iii) They shall not involve themselves in similar or any other offences. NOTE:- The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE RSH, AM /CT-AN List No.: 1 Sl No.: 25