- 1 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102865 OF 2025 C/W CRIMINAL PETITION NO. 102639 OF 2025 CRIMINAL PETITION NO. 102757 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO.102865 OF 2025: BETWEEN: SHRI NAGAPPA S/O SIDDAPPA MALAGI, AGE: 29 YEARS, OCC: PVT. JOB, R/O: H.NO.89, AT POST: HATTI ALUR, TQ: HUKKERI, DIST: BELAGAVI, PIN CODE-591 107. … PETITIONER (BY SMT. NAGARATNA S. PATTAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, YAMAKANMARDI, YAMAKANMARDI POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION, THE PETITIONER/ACCUSED NO.1 MAY BE RELEASED ON BAIL, IN S.C. NO.5059/2025 ARISING OUT OF YAMAKANMARDI P.S. CRIME NO.09/2025 REGISTERED ON 13/01/2025 FOR THE OFFENCES PUNISHABLE UNDER RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 SECTION 120(B), 302, 341, 201 R/W SECTION 35 OF IPC PENDING ON THE FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI, IN THE INTEREST OF JUSTICE. IN CRL.P. NO.102639 OF 2025: BETWEEN: YALLAWWA NAGAPPA MAREPPAGOL, AGED ABOUT 30 YEARS, OCC: HOUSEHOLD WORK, R/O: HATTIALUR, TQ: HUKKERI, DIST: BELAGAVI-591 309. … PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH YAMAKANMARDI, STATION, BELAGAVI-580 002. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT REGULAR BAIL, IN S. C. NO.5059/2025 (YAMAKANMARDI P.S. CRIME NO.09/2025) PENDING ON THE FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING CHIKKODI FOR OFFENCES UNDER SECTIOSN 120(B), 302, 201 R/W SECTION 35 OF IPC, 1860, AGAINST ACCUSED NO.2, IN THE ENDS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 IN CRL.P. NO.102757 OF 2025: BETWEEN: RAMESH S/O LAGAMAPPA MALAGI, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: HATTIALUR, TQ: HUKKERI, DIST: BELAGAVI. … PETITIONER (BY SRI. M.J. PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE SUB-INSPECTOR, YAMAKANMARDI POLICE STATION, DIST: BELAGAVI, R/BY S.P.P. , KARNATAKA HIGH COURT, BENCH DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYS THAT PETITIONER/ACCUSED NO.3 MAY BE ORDERED TO BE ENLARGED ON REGULAR BAIL, IN YAMAKANMARDI P.S. CRIME NO.09/2025 OF THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 302, 201 R/W SECTION 35 OF IPC PENDING BEFORE THE VII ADDITIONAL DISTRICT AND SESSIONS COURT, BELAGAVI, SITTING AT CHIKKODI, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1, 2 and 3 in S.C.No.5059 of 2025, pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi, arising out of Crime No.9 of 2025, registered by Yamakanmardi Police Station, Belagavi district for offences punishable under Sections 302, 201, 120B read with Section 3(5) of BNS 2023, are before this Court in these three petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.9 of 2025 was registered by Yamakanmardi Police Station, Belagavi initially for offences punishable under Sections 120B, 302, 201 read with Section 3(5) of BNS 2023 against Nagappa Siddappa Malagi and 4 others based on the first information dated 13.01.2025 received from Appayya Vitthal Mareppagol, who is the elder brother of deceased Nagappa Vitthal - 5 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 Mareppagol. During the course of investigation, accused Nos.1 and 2 were arrested on 13.01.2025 and accused No.3 was arrested on 22.01.2025. After completing investigation, charge sheet has been filed against 5 persons, out of which, accused No.5 is said to be a juvenile accused. Petitioners herein are arrayed as accused Nos.1 to 3 in the charge sheet. Their bail application filed before the Jurisdictional Sessions Court was rejected. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused No.2 is the widow of deceased Nagappa Vitthal Mareppagol, who allegedly had died on 08.06.2022. After the dead body of deceased was recovered in the present case, a UDR case was registered and subsequently the dead body was handed over to the relatives of the deceased and was cremated. On 13.01.2025, first informant, who is the brother of the deceased, had approached the police and submitted first information alleging that he had reasonable grounds to suspect that - 6 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 his brother Nagappa Vitthal Mareppagol was murdered by the accused named in the FIR. It is under these circumstances FIR was registered against the 5 named persons and during the course of investigation, petitioners herein who are arrayed as accused Nos.1 to 3 in the FIR were arrested. After completing investigation, charge sheet has been filed. 5. As per the charge sheet allegations, accused Nos.1 and 2 had illicit relationship and therefore they had decided to eliminate deceased Nagappa Vitthal Mareppagol, husband of accused No.2. In furtherance of their conspiracy to eliminate Nagappa Vitthal Mareppagol, they had contacted accused Nos.3 and 5 and had given supari to them to commit the murder of Nagappa. On 08.06.2022, accused Nos.3 to 5 allegedly took Nagappa Vitthal Mareppagol along with them in a motorcycle on the pretext of consuming alcohol and thereafter committed his murder by strangulating his neck with the help of a rope. Entire case of the prosecution is based on circumstantial - 7 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 evidence. First information is submitted after a lapse of more than 2 ½ years from the date of death of the deceased Nagappa Vitthal Mareppagol, and the dead body of the deceased was cremated in the year 2022 itself. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Petitions are allowed. ii. The petitioners/accused Nos.1 to 3 are directed to be enlarged on bail in S.C.No.5059 of 2025, pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi, arising out of Crime No.9 of 2025, registered by Yamakanmardi Police Station, Belagavi district for offences punishable under Sections 302, 201, 120B read with Section - 8 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 3(5) of BNS 2023, subject to the following conditions: 1. The petitioners/accused Nos.1 to 3 shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties each for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioners/accused Nos.1 to 3 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; 3. The petitioners/accused Nos.1 to 3 shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 9 - HC-KAR NC: 2025:KHC-D:9773 CRL.P No. 102865 of 2025 C/W CRL.P No. 102639 of 2025 CRL.P No. 102757 of 2025 4. The petitioners/accused Nos.1 to 3 shall not involve in similar offences in future; 5. The petitioners/accused Nos.1 to 3 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 31