- 1 - HC-KAR NC: 2025:KHC-D:9752 CRL.P No. 102633 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. 102633 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI ALLISAB S/O. RAJESAB NADAF, AGE: 55 YEARS, OCC: BUSINESS AND DRIVER, R/O: PANCHAKSHARI NAGAR, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 025. … PETITIONER (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH APMC NAVANAGAR P.S., REPRESENTED BY S.P.P. HIGH COURT, DHARWAD BENCH, DHARWAD-580 011. … 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 AND ENLARGE/RELEASE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN C.C. NO.600/2025 (CRIME NO.37/2025 OF APMC NAVANAGAR PS, HUBBALLI), NOW PENDING ON THE FILE OF THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, FOR THE ALLEGED COMMISSION OF THE OFFENCES PUNISHABLE UNDER SECTION 103(1), 238 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9752 CRL.P No. 102633 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in Crime No.37/2025 registered by APMC Navanagar Police Station, Hubballi Dharwad District for offences punishable under Sections 103(1), 238 R/W 3(5) of BNS, 2023 is before this Court 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.37/2025 was registered by APMC Navanagar Police Station, Hubli-Dharwad District initially for the offences punishable under Sections 103(1) & 238 of BNS 2023 against Smt Shakuntala and others, based on the first information dated 26.03.2025 received from Sri Vijay Manjunath Jadhav who is the son of deceased Manjunath Shivappa Jadhav. During the course of investigation of the case, the petitioner who was arraigned as accused No.4 in the FIR was arrested on 26.03.2025 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC-D:9752 CRL.P No. 102633 of 2025 custody. After completing investigation, charge sheet has been filed against the accused persons and the petitioner is arraigned as accuse No.2 in the charge sheet filed for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.5265/2025 was rejected on 02.05.2025. Subsequently, the petitioner had filed a fresh bail application before the Sessions Court in Crl.Misc.No.5367/2025, which was rejected on 27.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, allegation against the petitioner in the charge sheet is about helping accused No.1 to shift the dead body of Manjunath and thereafter disposing the same. The petitioner allegedly was the driver of the vehicle, in which dead body of deceased Manjunath was shifted by accused No.1 and the juvenile accused. There is no allegation against the petitioner about he participating in committing the murder of deceased Manjunath and role of the petitioner is limited only to the extent of assisting the - 4 - HC-KAR NC: 2025:KHC-D:9752 CRL.P No. 102633 of 2025 other accused to shift the dead body of Manjunath and thereafter disposing the same. The petitioner, who is aged about 55 years, is driver by avocation and he has no criminal antecedents. He is in custody from 26.03.2025. Therefore, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 5. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.37/2025 registered by APMC Navanagar Police Station, Hubballi Dharwad District for offences punishable under Sections 103(1), 238 R/W 3(5) of BNS, 2023, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC-D:9752 CRL.P No. 102633 of 2025 ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK