- 1 - NC: 2025:KHC-D:6629 CRL.P No. 101387 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101387 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MAHESH S/O. SURESH NAIK @ BERAD, AGE: 23 YEARS, OCC. AGRICULTURE, R/O. WALKI, TQ. CHIKKODI, DIST. BELAGAVI-590001. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KHADAKALAT POLICE STATION, R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 READ WITH UNDER SECTION 439 OF CR.P.C. 1973, SEEKING TO ALLOW THE PETITION AND THE PETITIONER/ACCUSED NO.3 MAY BE ENLARGED ON BAIL IN CONNECTION WITH FIR CRIME NO. 02/2025 DATED 09.01.2025 REGISTERED BY KHADAKALAT P.S. FOR OFFENCES PUNISHABLE UNDER SECTIONS 364, 302, 201 READ WITH SECTION 34 OF IPC. ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKODI V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:02:46 +0530 - 2 - NC: 2025:KHC-D:6629 CRL.P No. 101387 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Jagadish Patil, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petitioner has approached this Court under Section 483 Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To allow the petition and the Petitioner/Accused No.3 may be enlarged on bail in connection with FIR Crime No. 02/2025 dated 09.01.2025 registered by Khadakalat P.S. For offences punishable under Sections 364, 302, 201 read with section 34 of IPC. On the file of Additional Civil Judge and JMFC, Chikkodi.” - 3 - NC: 2025:KHC-D:6629 CRL.P No. 101387 of 2025 3. Facts of the case in brief are as under: Upon the complaint lodged by Kakasaheb Naik Khadakalat P.S. Belagavi District registered a case in Crime No.02/2025. On 09.01.2025 for the offence under Section 364,302,201 read with 34 of IPC. 4. The gist of the compliant averments would reveal that one Appasaheb Bhima Naik aged about 64 years was found missing since 10.08.2023 who had been for acting as a broker in the sandy where cattle was sold. 5. He did not return to home for quite some time. Therefore, the complainant entertained a doubt that the present petitioners with an intention to kill his father, took him to Phonda ghata of Maharashtra and between 08.00 am to 3.00 pm killed him and destroyed the evidence of the crime including the dead body. 6. Police after registering the case, arrested the present petitioner and filed a chargesheet. - 4 - NC: 2025:KHC-D:6629 CRL.P No. 101387 of 2025 7. Since it is a case corpus delicti, where the dead body of the complainant’s father has not been recovered, the continuation of the present petitioner in judicial custody is no longer warranted, as the entire case rests on circumstantial evidence. 8. Petitioner has cooperated with the investigation and chargesheet is also filed. 9. The apprehension of the prosecution can be met with by imposing suitable and stringent conditions. 10. Accordingly, the following order: ORDER (i) The petition allowed. (ii) The petitioner is directed to be enlarged on bail on executing the bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial Court. - 5 - NC: 2025:KHC-D:6629 CRL.P No. 101387 of 2025 (iii) The petitioner shall not tamper with any prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall not leave the jurisdiction of Belagavi District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. SD/- (V.SRISHANANDA) JUDGE RHR/- CT:PA List No.: 1 Sl No.: 13