- 1 - HC-KAR NC: 2025:KHC-D:9318 CRL.P No. 102816 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102816 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: GADIGEPPA S/O BASANAGOUDA PATIL, AGE: 29 YEARS, OCC: COOLIE/AGRICULTURE, R/O: GOUDRA ONI, KODA, TQ: HIREKERUR, DIST: HAVERI, PIN-581 109. … PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HIREKERUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT 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), PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL, IN CONNECTION WITH HIREKERUR P.S. CRIME NO.28/2025 PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR IN SC NO.50/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1) AND 238 OF BNS, 2023, IN THE INTEREST OF JUSTICE AND EQUITY. 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:9318 CRL.P No. 102816 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.28/2025 registered by the Hirekerur Police Station, Haveri District for the offences punishable under Sections 103(1) and 238 of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.28/2025 was registered by Hirekerur Police Station, Haveri, initially for offences punishable under Sections 103(1) and 238 of Bharatiya Nyaya Sanhita, 2023 against the petitioner herein based on the first information dated 23.02.2023 received from Somappa Bharamappa Sannatammanavar. During the course of investigation, petitioner was arrested on 24.02.2025. After completing investigation charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.447 of 2025 was rejected on 07.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9318 CRL.P No. 102816 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that on 16.02.2025 at about 11 a.m. CWs.2, 15, 18 and 19 had found injured Smt. Fakkeeramma lying inside a room within the premises of Shri Durga Devi temple, within the jurisdiction of Hirekerur Police Station and immediately thereafter they had shifted the injured to the Government Hospital at Hirekerur. Subsequently the injured had died in the hospital on 21.02.2025 at about 11:30 a.m. Since the whereabouts of the deceased was not known, the body was kept in the mortuary of the hospital and subsequently the said dead body of the lady was identified by the first informant and based on his first information, the FIR was registered against the petitioner. During the course of investigation, petitioner was arrested in the present case on 24.02.2025 and subsequently the petitioner was remanded to judicial custody. After completion of investigation, charge sheet has been filed. The entire case of the prosecution is based on circumstantial evidence. - 4 - HC-KAR NC: 2025:KHC-D:9318 CRL.P No. 102816 of 2025 Undisputedly, petitioner has no other criminal antecedent. Since the first informant had suspected the hands of the petitioner in the death of the deceased with whom the petitioner allegedly had a relationship, FIR was registered against him and during the course of investigation the petitioner was interrogated and based on his confession statement, he has been arrayed as accused in the present case. The case before the Trial Court is still at the stage of hearing before the charge. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner who is an agriculturist by avocation, for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.50/2025 pending before the Court of II Additional District and Sessions Judge, Haveri, sitting at Ranebennur arising out of Crime No.28/2025 registered by Hirekerur Police Station, Haveri for offences punishable under 103(1) - 5 - HC-KAR NC: 2025:KHC-D:9318 CRL.P No. 102816 of 2025 and 238 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; 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. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 38