- 1 - NC: 2025:KHC-D:7176 CRL.P No. 101384 of 2025 C/W CRL.P No. 101487 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.101384 OF 2025 (439 OF CR.P.C./483 OF BNSS) C/W CRIMINAL PETITION NO.101487 OF 2025 (439 OF CR.P.C./483 OF BNSS) IN CRL.P.NO.101384/2025: BETWEEN: SMT. MANJULA W/O. PARSHURAM RAMGANHATTI D/O. SHIVAPPA ILIGER, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, ANDN SOCIAL ACTIVIST, R/O: # 707, KONNUR VILLAGE, TAL: GOKAK, DIST: BELAGAVI – 591 231. …PETITIONER (BY SRI GIRISH M. PATIL, ADVOCATE.) AND: THE STATE OF KARNATAKA, BY P.S.I., GHATAPRABHA P.S., GOKAK TALUK, BELAGAVI DISTRICT, REP. BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD – 580 011. …RESPONDENT (BY SRI RAMESH CHIGARI, ADDITIONAL GOVERNMENT ADVOCATE.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.7 ON REGULAR BAIL IN Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7176 CRL.P No. 101384 of 2025 C/W CRL.P No. 101487 of 2025 CRIME NO.36/2025 REGISTERED ON 18.02.2025 BY THE GHATAPRABHA P.S., GOKAK TALUK, BELAGAVI DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 140(2), 61(2), 127(2), 308(2), 351(2) READ WITH SECTION 190 OF B.N.S., 2023, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, GOKAK, BELAGAVI DISTRICT. IN CRL.P.NO.101487/2025: BETWEEN: PARASHURAM S/O. MARUTHI KAMBALE, AGED ABOUT 32 YEARS, OCC: BUSINESS, R/AT: CHINGUNDI, JAMAKHANDI TALUK, BAGALKOT DISTRICT – 587 3O1. …PETITIONER (BY SRI SIDDAPPA SAJJAN, ADVOCATE.) AND: STATE OF KARNATAKA, BY GHATAPRABHA POLICE STATION, REP. BY SPP, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, DHARWAD – 580 011. …RESPONDENT (BY SRI RAMESH CHIGARI, ADDITIONAL GOVERNMENT ADVOCATE.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.36/2025 REGISTERED BY GHATAPRABHA POLICE STATION REGISTERD FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 140(2), 61(2), 127(2), 308(2), 351(2) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, GOKAK, DIST: BELAGAVI AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND - 3 - NC: 2025:KHC-D:7176 CRL.P No. 101384 of 2025 C/W CRL.P No. 101487 of 2025 CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE, EQUITY AND LAW. THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Crl.P.No.101384/2025 and Crl.P.No.101487/2025 arise out of the same crime number. Hence, both the petitions are clubbed together for passing common order. 2. Both these petitions are filed by the petitioners under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail as both the petitioners/accused No.7 and 5, respectively, are in Judicial Custody from the date of their arrest, in Crime No.36/2025 of Ghataprabha P.S. in Gokak taluk, pending on the file of Additional Civil Judge and JMFC, Gokak, for the offence punishable under sections 140(2), 61(2), 127(2), 308(2), 351(2) read with section 190 of Bharatiya Nyaya Sanhita, 2023. 3. Learned Additional Government Advocate has filed statement of objections in both the petitions. - 4 - NC: 2025:KHC-D:7176 CRL.P No. 101384 of 2025 C/W CRL.P No. 101487 of 2025 4. Heard arguments of learned counsel for the petitioners and learned Additional Government Advocate in both the petitions. 5. It is submitted by learned counsel for petitioners that in Crl.Misc.No.8028/2025 by order dated 18.03.2025 and in Crl.Misc.No.8041/2025 by order dated 07.04.2025, passed by the XII Additional District and Sessions Judge, Belagavi, sitting at Gokak, two other accused persons have obtained anticipatory bail. 6. In these petitions, accused No.7 is arrested on 01.03.2025 and accused No.5 is arrested on 24.02.2025. From the date of arrest, they are in Judicial Custody. These accused persons are not required for further investigation. 7. A perusal of the FIR, the names of these accused persons are not found therein. FIR is registered against unknown persons. Only after investigation the present petitioners are shown as accused Nos.7 and 5, respectively. Taking into consideration of the nature and gravity of offence and subsequent implication of these accused Nos.7 and 5 in - 5 - NC: 2025:KHC-D:7176 CRL.P No. 101384 of 2025 C/W CRL.P No. 101487 of 2025 the charge sheet and release of two other accused persons on anticipatory bail by the trial Court, the previous antecedents of the accused, it is just and proper to allow this petition with conditions. Accordingly, I proceed to pass the following: ORDER i) Both the Criminal Petitions filed by the petitioners under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, are hereby allowed. ii) The petitioners/accused Nos.7 and 5, respectively, shall be released on bail on executing a personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees Only) each, along with a surety for the like sum to the satisfaction of the trial Court. - 6 - NC: 2025:KHC-D:7176 CRL.P No. 101384 of 2025 C/W CRL.P No. 101487 of 2025 iii) They shall make themselves available for interrogation by the Investigating Officer as and when required. iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court or to the Investigating Officer. v) They shall not tamper the prosecution witnesses in any manner. Sd/- (G BASAVARAJA) JUDGE MRK CT-ASC List No.: 1 Sl No.: 26