- 1 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102603 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI DHANANJAY CHANDRASHEKHAR NAIK, AGE. 35 YEARS, OCC. COOLIE, R/O. BASTIKOPPA, HOLEMARUR, CHANDRAGUTTI, PRESENT FISH MARKET ROAD, AMBEDKAR ROAD, SORABA TOWN. … PETITIONER (BY SRI. HOSAKERI GANGADHAR CHANDRASHEKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KUMTA POLICE STATION, TQ. KARWAR, DIST. UTTAR KANNADA, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 010. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN SESSIONS CASE NO.27/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 364, 120(B), 302, 201 R/W SECTION 34 OF INDIAN PENAL CODE, 1860 (IPC FOR SHORT) IN CONNECTION WITH KUMTA POLICE STATION IN CRIME NO.367/2019 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, SO FAR AS PETITIONER/ACCUSED NO.3 IS CONCERNED, IN THE INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE. 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:12137 CRL.P No. 102603 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 in S.C.No.27/2019 pending before the Court of Principal District and Sessions Judge, Uttara Kannada, Karwar, arising out of Crime No.74/2019 registered by Kumta Police Station, for the offences punishable under 364, 120(b), 302, 201 r/w Section 34 of Indian Penal Code, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.74/2019 registered by Kumta Police Station initially for the offence punishable under Section 363 of IPC against unknown persons based on the first information dated 17.10.2018 received from Smt.Saraswati wife of deceased Vishweshwar Bhat. During the course of investigation, petitioner was arrested on 28.10.2018. After completing investigation, charge sheet - 3 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 has been filed against three persons and petitioner is arraigned as accused no.3 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Criminal Petition No.100313 of 2021, which was rejected on 22.02.2021. Thereafter, he had filed a fresh bail application before the trial Court in SC No.27/2019, which was rejected on 18.04.2023. Therefore, he is before this Court in the successive bail application. 4. Learned counsel for the petitioner submits that petitioner is in custody in the present case for the last nearly 7 years. Allegation against accused no.2 and the petitioner are similar in the charge sheet. Accused no.2 has been granted regular bail in the present case by the Jurisdictional Sessions Court by order dated 9.09.2019. The said order has been confirmed by this Court in Criminal Petition No.101324 of 2020, disposed of on 12.02.2021. All the material charge sheet witnesses are now examined in - 4 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 the present case and he accordingly prays to allow the petition. 5. Per contra learned HCGP has opposed the petition. She submits that petitioner’s earlier bail application in Criminal Petition No.100313 of 2021 was rejected on merits and therefore unless change in circumstances is pointed out, this successive application cannot be entertained. She submits that trial in the case is at the fag end, in the event the petitioner is enlarged on bail, there are chances of the trial being delayed if he does not cooperate before the trial court. She submits that petitioner is a person with criminal antecedent and accordingly, prays to dismiss the petition. 6. In reply, learned counsel for the petitioner submits that there is only one case registered against the petitioner for offence punishable under Section 380 of IPC and except the said case, the petitioner has no other criminal antecedent. - 5 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 7. In the first information, which is submitted by the wife of deceased Vishweshwar Bhat, she has stated that on 16.10.2018, one person came to meet her husband, who was Purohit by avocation and had taken her husband along with him for the purpose of doing some pooja and thereafter, her husband had not returned. Therefore, FIR was registered for offence punishable under Section 363 of IPC against unknown person on 17.10.2018. During the course of investigation, accused nos.1 and 2 were arrested and based on their confession statement, accused no.3 was subsequently arrested. In the charge sheet, it is alleged that accused no.1 had ill-will against the deceased having regard to a dispute between them with regard to partition of joint family property. Therefore, accused no.1 intended to eliminate deceased Vishweshwar Bhat. Accused no. 1 had conspired with accused nos.2 and 3 to commit the murder of Vishweshwara Bhat and had assured to pay a sum of ₹30,000/- to accused nos.2 and 3. - 6 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 8. On 16.10.2018, accused no.3 went to the house of Vishweshwara Bhat and on the pretext of performing a pooja, he asked Vishweshwar Bhat to accompany him in his motorbike. Accused nos.1 and 2 followed the motorbike of accused no.3 in which Vishweshwar Bhat was a pillion rider. Subsequently, in a isolated place, accused no.1 assaulted deceased on his head with a iron hammer and as a result, Vishweshwar Bhat fell down. Accused no.2 allegedly held the legs of Vishweshwar Bhat and accused no.3 allegedly held his hands, so as to enable accused no.1 assault Vishweshwar Bhat with the weapon which he had in his hand. Thereafter, accused no.2 pressed the neck of Vishweshwar Bhat with his legs and after confirming Vishweshwar Bhat had died, the dead body of Vishweshwar Bhat was disposed of in a old well inside the farm of accused no.1. 9. Accused no.1 who is arrested in the present case is in custody. As against accused no.2, there is an allegation that he had held the legs of the deceased to enable accused - 7 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 no.1 to assault on his head and thereafter, he also had pressed the neck of the deceased with his legs. Accused no.2 has been granted regular bail in the present case by the Jurisdictional Sessions Court and the petition filed by the State for cancelling the said regular bail granted on 09.09.2019 to accused no.2, in Criminal Petition No.101324 of 2020 was dismissed by the coordinate bench of this Court on 12.02.2020. Allegation against the petitioner is that he had held the hands of deceased while accused no.2 had held the legs of the deceased so as to enable accused no.1 to assault the deceased with a weapon. Therefore, it is apparent that allegations as against the petitioner as well as accused no.2 are almost identical in the charge sheet. 10. The entire case of the prosecution is based on circumstantial evidence. Material on record would go to show that accused no.2 was also a person with criminal antecedent and he was involved in Crime No.52 of 2014. So far as the petitioner is concerned, learned counsel for the petitioner has submitted that except one case registered - 8 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 against him in Crime No.220 of 2017, for offence punishable under Section 380 of IPC, he has no other criminal antecedent. He is in custody in the present case for the last nearly 6 years and 11 months. All the material charge sheet witnesses have been already examined in the present case, after the earlier bail application filed by the petitioner in Criminal Petition No.100313 of 2021 was rejected by this Court on 22.02.2021. Therefore, there cannot be any apprehension that petitioner may tamper with the prosecution witnesses at this stage. Accused no.2, as against whom similar allegations are found in the charge sheet, has been granted bail in the present case by the jurisdictional Sessions Court. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. - 9 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 ii. The petitioner is directed to be enlarged on bail in S.C.No.27/2019 pending before the Court of Principal District and Sessions Judge, Uttara Kannada, Karwar, arising out of Crime No.74/2019 registered by Kumta Police Station, for the offences punishable under 364, 120(b), 302, 201 r/w Section 34 of Indian Penal Code, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 10 - HC-KAR NC: 2025:KHC-D:12137 CRL.P No. 102603 of 2025 c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 16