- 1 - HC-KAR NC: 2025:KHC-D:8701 CRL.P No. 102367 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102367 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SMT. RAMAPPA S/O. SIDDAPPA MADAR, AGE ABOUT 22 YEARS, OCC: AGRICULTURE, R/O. ITNAL VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591317. …PETITIONER (BY SRI. K. ANAND KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, HARUGERI POLICE STATION, REPRESENTED BY STATE ADDL. PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE OF THE PETITIONER ACCUSED NO.2 ON BAIL IN CRIME NO.200/2024 OF HARUGERI P.S. ON (C.C. NO.177/2025) ON THE FILE OF THE ADDL. J.M.F.C. RAIBAG, PETITIONER/ ACCUSED NO.2 OFFENCE PUNISHABLE UNDER SECTION 302, 201, 364 AND 120B R/W SECTION 34 OF THE IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR FURTHER ARGUMENTS, 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:8701 CRL.P No. 102367 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.K.Anand kumar, the learned counsel for the petitioner, and Sri.Abhishek Malipatil, the learned High Court Government Pleader for respondent-State. 2. The petitioner-accused No.2 has filed this petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) (439 of the Cr.P.C.) praying to enlarge him on bail in Crime No.200/2024 of Harugeri Police Station, registered for the offences punishable under Sections 302, 201, 364 and 120B read with Section 34 of the Indian Penal Code (for short, ‘the IPC). 3. The brief facts of the prosecution case is as under: On 14.11.2025, the first informant lodged a complaint alleging that accused No.1 was having an illicit relationship - 3 - HC-KAR NC: 2025:KHC-D:8701 CRL.P No. 102367 of 2025 with accused No.3, and that both conspired to eliminate the husband of accused No.3 i.e, one Mallappa Kambar. Pursuant to this conspiracy, accused No.1 is said to have requested accused No.2 to bring the deceased, Mallappa Kambar, under the pretext of consuming alcohol. Accordingly, on 22.12.2023, accused No.2 brought the deceased on a motorcycle to consume alcohol. Thereafter, accused Nos.1 and 2, in furtherance of their common intention, allegedly committed the murder of Mallappa Kambar at the southern bund of the Krishna River near Daroor village and disposed of the dead body in the river with the intent to destroy evidence. Hence, a complaint was lodged, which led to registration of FIR and initiation of investigation. 4. Learned counsel for the petitioner/accused No.2 contended that petitioner is innocent and has not committed any offences as alleged by the prosecution and he has been falsely implicated in this case. There is no overtact alleged against him and nothing has been - 4 - HC-KAR NC: 2025:KHC-D:8701 CRL.P No. 102367 of 2025 recovered from his possession. The only allegation against the petitioner-accused No.2 is that he held the legs of the deceased Mallappa to facilitate his murder, and subsequently, the body was disposed of in the Krishna River near Daroor village. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail. 5. Per contra, learned High Court Government Pleader for the respondent-State contended that the petitioner is involved in the offence punishable under Section 302 of IPC; there is a 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. 6. Perused the material available on record. - 5 - HC-KAR NC: 2025:KHC-D:8701 CRL.P No. 102367 of 2025 7. The Investigating Officer, upon completion of the investigation, has filed the charge sheet. The charge- sheet materials clearly disclose that accused No.1 had an illicit relationship with accused No.3, and, as a result, they entered into a criminal conspiracy to eliminate the husband of accused No.3. In furtherance of this conspiracy, accused No.1 sought the aid of accused No.2. Thereafter, accused Nos.1 and 2 took the deceased, Mallappa, under the pretext of consuming alcohol and subsequently assaulted him. They then disposed of his dead body by throwing it into the Krishna River near Daroor village. The complaint in this matter was lodged on 14.11.2024, i.e., after a lapse of 11 months. The investigation report reveals that the petitioner, being accused No.2, held the legs of the deceased, Mallappa, while accused No.1 strangled his neck, resulting in his death. 8. Considering the fact that there is a delay of 11 months in lodging the complaint, and having regard to the - 6 - HC-KAR NC: 2025:KHC-D:8701 CRL.P No. 102367 of 2025 facts and circumstances of the case, and 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, tempering with prosecution witnesses, petitioner is entitled for grant of bail. Accordingly, this Court proceeds to pass the following: ORDER The petition filed by petitioner-accused No.2 is allowed. The petitioner-accused No.2 is ordered to be enlarged on bail in C.C.No.177/2025, on the file of the Addl. Civil judge and JMFC Raibag in connection with Harugeri P.S. Crime No.200/2024, on his executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:8701 CRL.P No. 102367 of 2025 i. The petitioner shall not tamper with the prosecution witnesses. ii. The petitioner shall appear before the Court regularly without fail. iii. The petitioner shall not commit similar offences. iv. Violation of any of these conditions would entail for cancellation of bail. 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.: 20