- 1 - NC: 2025:KHC-D:6626 CRL.P No. 101312 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.101312 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SRI. MALLIKARJUN S/O. IRAPPA KATTI, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. TORANGATTI VILLAGE, TAL. RAMDURGA, DIST. BELAGAVI-591123. 2. SRI. PATREPPA S/O. CHANNAPPA CHIKKUNDI, AGE: 40 YEARS, OCC. AGRICULTURE, R/O. BASIDONI VILLAGE, TAL. SAUNDATTI, DIST. BELAGAVI-591126. …PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KATKOL POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO GRANT BAIL TO THE PETITIONERS/ACCUSED NO. 3 AND 4 IN CRIME NO.112/2024 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 133 AND 352 R/W. 3(5) OF BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 BY THE RESPONDENT KATKOL POLICE STATION PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C. RAMADURG BY ALLOWING THIS PETITION. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:01:42 +0530 - 2 - NC: 2025:KHC-D:6626 CRL.P No. 101312 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Srinand A. Pachhapure, 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 grant bail to the Petitioners/Accused No. 3 and 4 in Crime No.112/2024 registered for the offence punishable under Sections 103(1), 133 and 352 read with 3(5) of Bharatiya Nagarika Suraksha Sanhita, 2023 by the Respondent Katkol Police Station pending on the file of Civil Judge and J.M.F.C. Ramadurg by allowing this petition.” 3. Facts in a nutshell, which are utmost necessary for the disposal of the present petition are as under: A complaint came to be filed by Kashappa Gadigeppa Shivapur before the Katkol Police on 22.10.2024, which - 3 - NC: 2025:KHC-D:6626 CRL.P No. 101312 of 2025 was registered in Crime No.112/2024 for the offences punishable under Section 103(1), 133, 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 4. The gist of the compliant averments reveal that the petitioners herein are alleged to have murdered the complainant’s son on the ground that he had an illicit relationship with accused No.2-Sumitra Mallikarjun earlier to marriage and pestering her for illicit relationship to continue even after the marriage of accused No.2 with accused No.3. The deceased did not heed to the best of advice. Therefore, all the accused persons hatched a plan to take away the life of deceased, viz., Gopal. Pursuant to which, on 21.10.2024, at about 08.15 a.m., when the complainant’s son was sitting on the platform of Fakirappa Sattigeri, all the accused persons picked up a quarrel. Accused No.1-Shankar Katti, assaulted the son of the complainant with a club on the head, face and other parts of the body and accused Nos.3 and 4 kicked him. - 4 - NC: 2025:KHC-D:6626 CRL.P No. 101312 of 2025 5. After registering the case, the Police conducted a detailed investigation and filed the chargesheet. The accused are in custody since 23.10.2024 and have co-operated with the investigation. 6. The request made by the petitioners for grant of bail was rejected by the learned District Judge and thereafter, the petitioners are before this Court. 7. Sri.Srinand A. Pachhapure, learned counsel for the petitioners contended that deceased was pestering with the FIR named 2nd accused for an illicit relationship even after marriage and there were frequent calls in this regard and therefore, all the accused persons took revenge on Gopal, but they did not intend to kill him. 8. The incident has occurred at the spur of the moment, which resulted in the death of Gopal and therefore sought for grant of bail. 9. Per contra, Smt.Girija Hiremath, learned High Court Government Pleader, opposes the grant of bail, - 5 - NC: 2025:KHC-D:6626 CRL.P No. 101312 of 2025 contending that if the deceased had a bad character, the petitioners should have lodged a complaint with the Police and not to take law into their hands in taking away the life of Gopal and sought for rejection of the bail petition. 10. Having heard the arguments of both sides, this Court has perused the material on record meticulously. 11. On such perusal of the material on record, it is crystal clear that Gopal died a homicide death. Even according to the averments in the complaint, there was an illicit relationship between FIR-named 2nd accused and deceased, which continued even after her marriage with 3rd accused. The incident as alleged by the complainant himself shows that it was not premeditated. 12. The petitioners appear to have utilized the opportunity when Gopal was sitting on the platform of Fakirappa Sattigeri, picked up a quarrel and with a club, the 1st accused is said to have assaulted Gopal on the - 6 - NC: 2025:KHC-D:6626 CRL.P No. 101312 of 2025 head. The other accused persons, viz., accused Nos.3 and 4, kicked Gopal, ultimately Gopal lost his life. 13. Since the chargesheet has been filed and the petitioners have cooperated with the investigation, the continuation of the accused/petitioners in judicial custody is no longer warranted having regard to the attendant facts and circumstances of the case. 14. The apprehension of the prosecution can be met with by imposing suitable and stringent conditions. 15. Accordingly, the following order: ORDER (i) The petition allowed. (ii) The petitioners are directed to be enlarged on bail on executing the bond in a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the trial Court. - 7 - NC: 2025:KHC-D:6626 CRL.P No. 101312 of 2025 (iii) The petitioners shall not tamper with any prosecution witnesses in any manner. (iv) Petitioners shall attend the Court regularly. (v) Petitioners 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.: 9