- 1 - HC-KAR NC: 2025:KHC-D:9066 CRL.P No. 102335 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102335 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI SOURABH S/O. VASANT KORAVI, AGE: 26 YEARS, OCC: COOLIE, R/O. KUMBAR GALLI, NEAR BUS STAND, AT: POST. YAMAGARNI VILLAGE, TAL: NIPPANI, DIST. BELAGAVI. …PETITIONER (BY SMT. NAGARATNA S. PATTAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE P.S.I, NIPPANI, NIPPANI POLICE STATION, BASAWESHWAR CHOWK, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS SEEKING TO ALLOWING THIS PETITION THE PETITIONER/ ACCUSED MAY BE RELEASED ON BAIL IN S.C.NO.5008/2025 (NIPPANI, BASAWESHWAR CHOWK, P.S.CRIME NO.52/2024) FOR THE OFFENCE PUNISHABLE UNDER SECTION 103 OF BNS ACT PENDING IN THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9066 CRL.P No. 102335 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Smt.Nagarathnamma S. Sutar, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent – State. 2. This petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS” for short) / Under Section 439 of the Code of Criminal Procedure, 1973, (“Cr.P.C.” for short) by the petitioner/accused to enlarge him on bail in S.C.No.5008/2025 on the file of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi (arising out of Crime No.52/2024 of Basaweshwar Chowk Police Station, Nippani Circle, Belagavi District), for the offence punishable under Section 103 of Bharatiya Nyana Sanhita, 2023. 3. Brief facts of the case of the prosecution are as under: On 10.10.2024 at about 8.45 p.m. at Yamagarni village, near Sahara Hotel, the accused called the deceased Santosh - 3 - HC-KAR NC: 2025:KHC-D:9066 CRL.P No. 102335 of 2025 to interact with him, where he took quarrel with the deceased and assaulted him with knife on his abdomen and thereby committed murder. In this connection, the de-facto complainant lodged a complaint. This leads to registration of FIR and investigation. During the course of investigation, the petitioner was arrest and in turn he was remanded to the judicial custody. 4. Learned counsel for the petitioner vehemently contended that the petitioner is an innocent, he has been falsely implicated in the case, there is no overt-act alleged against the petitioner, nothing has been recovered from the petitioner, there was no motive for commission of murder and the petitioner is no way concerned to this case. Now the investigation is completed and the Investigating Officer has filed the charge sheet and the mater is committed to the Sessions Court for trial. Thus, the petitioner is ready to abide by the conditions to be imposed by this Court. Hence, he prayed for allowing the petition. - 4 - HC-KAR NC: 2025:KHC-D:9066 CRL.P No. 102335 of 2025 5. Per contra, learned High Court Government Pleader contended that, the petitioner is involved in the offence under Section 103 of BNS (Under Section 302 of IPC) and there is a prima facie material against him. The investigating officer has recovered the bloodstained knife at the instance of the accused and case is based on the eyewitness. Thus, considering the nature and gravity of the offence, the petitioner is not entitled for grant of bail and hence, she prayed for rejection of bail petition. 6. Perused the entire charge sheet material. The petitioner intended to borrow loan from the financial institutions by mortgaging documents in respect of the land. However, the brother of first informant by name Santosh Chowan was obstructing the accused to transfer the name of accused in computerized RTC extract. Hence, the petitioner developed ill will with the deceased. Hence, on 10.10.2024 at about 10:45 p.m., the petitioner called deceased Santosh Chowan at Yamagarni village near Sahara Hotel, where he took quarrel with the deceased and stabbed with knife on the abdomen, chest and various parts of the body and caused - 5 - HC-KAR NC: 2025:KHC-D:9066 CRL.P No. 102335 of 2025 severe injuries. The deceased Santosh Chowan succumbed to the injuries. The postmortem examination reveals that there are six injuries, which reads as under: “[III] External Injuries Fractures etc. * An incised and penetrating would of 3X1 CM in size present in right lumber region of anteries abdominal wall Edges of wound are smooth. * Omentuno seen bulging out of the wound. [V] Abdomen: 1) Wall & peritoneum: * Wound over right side of wall as described abol. * Underlying peritoneum is perforated. 2) Mount, pharynx & esophagus: * Intact. 3) stomach & its content * Intact and contains undigested food particles 4) Small & large intestine & contents * small intestine-perforating wound in jejunal part of small intestine measuring 4CM. * large intestine intact and contains fecal matla. 5) Liver * Intact, place & decongested. 6) Spleen * Intact & decongested. 7) any other information * Along with small intestine injury, there is injury to corresponding/underlying part of mesentery rupturing underlying blood vessels. Genito-Urinary System. 1) Kidney * Rt: Lacerated would of icon in length 0.7CM deep - 6 - HC-KAR NC: 2025:KHC-D:9066 CRL.P No. 102335 of 2025 over middle 1/3rd of anterior surface of right kidney. * Right ranal vessels intact. * Lt. Intact and decongested. 2) Bladder - Intact 3) Organs of generation External & Internal: * Intact. (VII) More detailed Description of injury or disease etc. * Penetrating would present over right limber area, pieraing peritoneum, jejunal part of small intestine, lacerating corresponding mesentery rupturing underlying blood vessels, processing further there is collection of blood and clots in retroperitoneal (right) region, Further dissection stab injury caused laceration over middle 1/3rd of anterior surface of right kidney. * There is collection of blood, approximately 3 to 3.5 ltr cumulate present peritoneal & retroperitoneal cavity (frank blood and clots)” 7. As per the opinion of the doctor, the cause of death is due to cardio respiratory arrest secondary to hemorrhagic shock, due to injury on vital organ (right kidney and small intestine and mesentery). During the course of investigation, the Investigating Officer recorded statements of eyewitnesses to the incident more particularly CWs.8 and 9. They have clearly stated before the learned Magistrate while recording their statement under Section 164 of Cr.P.C. about the involvement of the petitioner in the crime. The FSL - 7 - HC-KAR NC: 2025:KHC-D:9066 CRL.P No. 102335 of 2025 report prima facie reveals that the bloodstained knife seized at the instance of accused is stained with ‘A’ group blood. The blood group of the deceased also ‘A’. It shows that there is prima face material against the accused to attract Section 302 of IPC. 8. Having regard to the facts and circumstances of the case and looking to the nature of the allegations made against the petitioner, gravity of offence, this court is of the opinion that this is not a fit case to grant bail. 9. Accordingly, the petition is rejected. NOTE: The observations made in this order are only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 7