- 1 - HC-KAR NC: 2025:KHC-D:7948 CRL.P No. 101976 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.101976 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: BASAVARAJ S/O. FAKKIARAPPA CHALLAL, AGE: 55 YEARS, OCCUPATION: AGRICULTURE, R/O. KOPPARSHIKOPPA, TQ. HANGAL, DIST. HAVERI-581110. …PETITIONER (BY SHRI L. S. SULLAD, ADVOCATE) AND: THE STATE OF KARNATAKA, HANGAL POLICE STATION, REPRESENTED BY HGP DHARWAD. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S 483 OF BNSS, 2023) SEEKING TO ENLARGE THE ABOVE SAID PETITIONER OR ACCUSED NO.10 ON BAIL IN HANGAL POLICE STATION CRIME NO.289/2024, ALLEGING U/S.189(2), 191(2), 191(3), 115(2), 118(1), 126(2), 103(1), 133, 74, 352, 351(2), 351(3), 49, 190 OF BNS IN C.C NO.355/2025, ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, HANGAL NOW PENDING IN S.C. NO.37/2025 ON THE FILE OF I ADDL. SESSIONS COURT HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7948 CRL.P No. 101976 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.L.S.Sullad., learned counsel for the petitioner and Sri.Abhishek Malipatil., learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.10 has filed this petition under Section 439 of Cr.P.C, [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in S.C.No.37/2025, pending on the file of learned 1st Additional District and Sessions Judge, Haveri in connection with Hangal P.S. Crime No.289/2024 for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 126(2), 103(1), 133, 74, 352, 351(2), 351(3), 49 read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). - 3 - HC-KAR NC: 2025:KHC-D:7948 CRL.P No. 101976 of 2025 3. Brief facts of the prosecution case is as under; On 26.12.2024 in between 01:00 p.m and 02:00 p.m, accused Nos.1 to 9 formed themselves into an unlawful assembly in order to assault the Prakash S/o Laxman Olekar, who is none other than the brother of first informant, as he was having illicit relationship with one Rekha. Hence, all the accused persons tied the Prakash to electric pole, set fire and also assaulted him with clubs and committed murder. Hence, the first informant lodged complaint, which led to registration of FIR and investigation. 4. During the course of investigation, the name of petitioner/accused No.10 is revealed by witnesses and hence, he was arrested by the respondent/police, and in turn remanded to judicial custody. 5. Learned counsel for the petitioner contended that the petitioner is innocent, he has been falsely implicated in the case, there is no overt-act alleged - 4 - HC-KAR NC: 2025:KHC-D:7948 CRL.P No. 101976 of 2025 against him and nothing is recovered from this petitioner; the only allegation is that this petitioner was the instigator to the crime. However, his name is not found place in the FIR, and material eye witnesses have not stated in their statements recorded by the learned Magistrate under Section 164 of Cr.P.C. The petitioner is ready to abide by the condition to be imposed by this Court. With these grounds, he prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader contended that the petitioner is involved in the offence under Section 302 of IPC, there is prima-facie case against him, if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail, hence, prayed for rejection of the petition. 7. Perused the material available on record. - 5 - HC-KAR NC: 2025:KHC-D:7948 CRL.P No. 101976 of 2025 8. The Investigating Officer after completion of investigation has filed the charge-sheet. From perusal of the complaint and FIR, nowhere the name of this petitioner/accused No.10 is found place. Later during course of investigation, the witnesses have revealed his name as he was the instigator in commission of the offence. 9. Upon perusal of the statements of eye witnesses to the incident i.e., Fakkirappa Walikar and Smt. Jayamma @ Jaya W/o Prakash Olekar, they have not stated the name of present petitioner and his individual overt act in the crime. Whether petitioner-accused No.10 is involved in the crime or not is a matter of trial. On perusal of entire prosecution papers, there is no material against accused No.10 to attract Section 302 of IPC at this juncture. The main allegation is against accused Nos.1 to 9. - 6 - HC-KAR NC: 2025:KHC-D:7948 CRL.P No. 101976 of 2025 10. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner-accused No.10 is ordered to be enlarged on bail in Crime No.289/2024 of Hangal Police Station, on he executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:7948 CRL.P No. 101976 of 2025 i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses. ii) The petitioner shall appear before the Court regularly without fail. iii) The petitioner shall not involve himself in similar or any other offences. NOTE:- The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AM/-. CT-AN List No.: 1 Sl No.: 19