- 1 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102930 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHREEKANTH MALATESH GUDAGUR S/O. MALATESH, AGE. 29 YEARS, OCC. JAIL STAFF, R/O. GANGAPUR, PRESENT ADDRESS: RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581 118. & PETITIONER (BY SRI. L.S. SULLAD, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH RANEBENNUR RURAL P.S., R/BY HCGP, DHARWAD BENCH. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO DIRECT THE RESPONDENT POLICY TO RELEASE THE PETITIONER (A-2), IN RANEBENNUR RURAL P.S. CRIME NO.238/2024, C.C.NO.45/2025, ALLEGING UNDER SECTIONS 201, 302 R/W 34 IPC, ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR, DISTRICT HAVERI IN THE EVENT OF PETITIONER9S ARREST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.238 of 2024 registered by Renebennur Rural Police Station, Ranebennur Sub- Division, Haveri District for the offences punishable under Sections 302 and 201 read with Section 34 of the IPC is before this Court under Section 482 of the BNSS, 2023 read with Section 438 of the Cr.P.C. seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.238 of 2024 was registered by Renebennur Rural Police Station Ranebennur Sub-Division, Haveri District for the aforesaid offences against Prasad @ Guruprasad and the petitioner herein, based on the first information dated 09.09.2024 received from Smt. Yallappa Nagarajappa, mother of the deceased Ramu @ Ramesh. After completing the investigation, charge sheet has been filed in the present case against accused Nos.1 and 2 for the aforesaid offences. The petitioner who was arrested in - 3 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 Crime No.130 of 2024 was directed to be produced under body warranty before the Court in the present case. It is under these circumstances, he had filed a regular bail application before the Jurisdictional Sessions Court in Crl. Misc. No.82 of 2025, which was dismissed on merits by order dated 19.02.2025. Though the petitioner was produced under body warranty in the present case and given to Police custody for the purpose of investigation, thereafter, the learned Magistrate had remanded the petitioner to judicial custody in the original case i.e., in Crime No.130 of 2024 registered by Laxmeshwar Police Station and was not formally remanded to judicial custody in the present case. It appears that, subsequently the petitioner who was in judicial custody in Crime No.130 of 2024 was granted regular bail in the said case and he was released from jail. It is under these circumstances, the petitioner is before this Court under Section 438 of the Cr.P.C. seeking anticipatory bail. - 4 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 4. Learned counsel appearing for the petitioner submits that there is absolutely no material to connect the petitioner to the crime. Allegation against the petitioner in the charge sheet is that, he had held the legs of the deceased Ramesh, while accused No.1 had assaulted the deceased on his head with a stone and committed his murder. He submits that the entire case of the prosecution is based on circumstantial evidence. He further submits that the High Court and Sessions Court have got concurrent jurisdiction to entertain the petition of anticipatory bail and therefore an application filed before this Court for anticipatory bail without first approaching Sessions Court is maintainable. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP submits that accused Nos.1 and 2, who are persons with criminal antecedents, were arrested in Crime No.130 of 2024, which was registered for the offence punishable under Section 304(2) of the BNS, 2023. During the course of investigation in the said case, they had confessed to have committed the - 5 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 murder of Ramesh, who is none other than the elder brother of accused No.1. The first informant in the present case is the mother of accused No.1. She submits that the petitioner has not approached the jurisdictional Sessions Court seeking anticipatory bail and on the other hand, he has directly approached this Court and therefore, his petition cannot be entertained. She submits that, even on the merits of the case, his regular bail application was rejected by the Sessions Court and therefore, the question of entertaining his anticipatory bail application does not arise. Accused Nos.1 and 2, who were in custody in Crime No.130 of 2024 were enlarged on bail in the said case and thereafter they were released from jail. In the present case, even though the body warrant issued against them was pending, they could not be produced before the Court, since they were enlarged on bail in Crime No.130 of 2024 registered by Laxmeshwar Police Station. She submits that accused No.1, who is enlarged on bail in Crime No.130 of 2024 registered by Laxmeshwar Police, has been - 6 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 absconding and non-bailable warrant has been issued against him in the present case by the Committal Court. Therefore, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that accused Nos.1 and 2 in the present case were arrested in Crime No.130 of 2024 by Laxmeshwar Police Station, Gadag District, which was registered for the offence punishable under Section 304(2) of the BNS, 2023, and during the course of interrogation in the said case, they had confessed about committing the murder of the elder brother of accused No.1 in the present case, namely Ramu @ Ramesh. Thereafter, the mother of accused No.1, Who is also the mother of the deceased Ramu @ Ramesh had approached the Police on 09.09.2024 and had submitted first information against her son Prasad @ Guruprasad 3 accused No.1 and his friend Shrikanth Malatesh, who is the petitioner herein. - 7 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 7. The learned Magistrate had issued body warrant as against accused Nos.1 and 2, who were in judicial custody in Crime No.130 of 2024, and after they were produced before the Court in the present case, they were remanded to the Police custody for the purpose of Interrogation. The Police after expiry of the period of Police custody, had produced accused Nos.1 and 2 before the Court and on the said day, the learned Magistrate without formally remanding accused Nos.1 and 2 to judicial custody, in spite of there being a requisition to the said effect by the prosecution, had remanded accused Nos.1 and 2 to judicial custody in Crime No.130 of 2024 and had extended the body warrant issued against them. The said error committed by the learned Magistrate had resulted in releasing accused Nos.1 and 2 from jail, who were in judicial custody in Crime No.130 of 2024 registered by Laxmeshwar Police Station. 8. This Court having noted that, the Court of Magistrate before whom the accused are produced under - 8 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 body warrant are not being formally remanded to judicial custody before remanding them to judicial custody in the original case from which they are produced under body warrant, in the case of Jeevan M S/o. Muthanna I.B. and another Vs. State of Karantaka1, has laid down certain guidelines to be followed by the learned Magistrate in cases where the accused are produced under body warrant and a requisition is made by the prosecution to remand them to judicial custody after expiry of the Police custody. 9. It appears that the learned Magistrate had erred in not formally remanding accused Nos.1 and 2 to judicial custody in the present case before remanding them to judicial custody in the original case i.e., in Crime No.130 of 2024 registered by Laxmeshwar Police Station, which had resulted in accused Nos.1 and 2 being released from jail after they were granted bail in Crime No.130 of 2024. In the meanwhile, the petitioner had filed regular bail 1 Crl.P. No.8285 of 2025, DD: 25th July 2025 - 9 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 application before the trial Court, and considering the nature of allegations found against the petitioner and also his antecedents, his regular bail application was dismissed on merits by the jurisdictional Sessions Court by order dated 19.02.2025, passed in Crl. Misc. No.82/2025. Thereafter petitioner has filed this petition seeking anticipatory bail on the ground that the Court may take coercive steps to secure his presence. 10. Charge sheet has been filed in the present case for offence punishable under Section 302 of IPC which is punishable with death sentence or life imprisonment. Allegation against accused Nos.1 and 2, who are persons with criminal antecedent is that they had committed murder of Ramu @ Ramesh, who is the elder brother of accused No.1. As per the charge sheet allegation, on 10.05.2023 deceased and the accused Nos.1 and 2 had fought against each other on the issue of sharing the stolen articles. It is in this background, accused Nos.1 and 2 had committed the murder of their accomplice, Ramu @ Ramesh who had - 10 - HC-KAR NC: 2025:KHC-D:11585 CRL.P No. 102930 of 2025 quarrelled with them on the issue of sharing the stolen articles. Considering the nature of allegations found against the accused in the charge sheet and also taking into consideration the criminal history of the petitioner, I am of the opinion that prayer made in this petition for grant of anticipatory bail cannot be entertained. Accordingly, petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP & RSH / CT: BCK LIST NO.: 1 SL NO.: 16