- 1 - NC: 2025:KHC-D:7163 CRL.P No. 101865 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.101865 OF 2025 BETWEEN: SRI. AKASH S/O. LAXMAN MUGALKOD, AGE: 21 YEARS, OCC: ENGINEERING STUDENT, R/O: GURLAPUR, TAL: MUDALGI, DIST: BELAGAVI – 590 001. …PETITIONER (BY SRI. SRINAND A. PACHAPURE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CHIKODI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD – 580 011. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023 SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN S.C.NO.5049/2025 (CRIME NO.221/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 108 R/W 3(5) OF BNSS BY THE RESPONDENT CHIKODI POLICE STATION PENDING ON THE FILE OF COURT OF VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7163 CRL.P No. 101865 of 2025 ORAL ORDER cvvc Learned AGA is directed to take notice for the respondent/State. 2. This petition is filed by accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of the Code of Criminal Procedure, for grant of regular bail, as he is in judicial custody from the date of his arrest i.e. 11.01.2025. 3. I have heard the arguments on both sides. 4. Learned counsel for the petitioner/accused No.1 would contend that absolutely there are no ingredients to attract the offences alleged against the petitioner. Accused Nos.2 and 3 have already been granted anticipatory bail in Criminal Miscellaneous No.5119/2025 by the learned VII Additional Sessions Judge, Belagavi, sitting at Chikkodi. The offences alleged against the petitioner are not punishable with death or imprisonment for life. Investigation is already completed and charge- - 3 - NC: 2025:KHC-D:7163 CRL.P No. 101865 of 2025 sheet is filed. The petitioner is studying in V semester B.E. He further contended that, on 01.12.2024, HC 1053 has recorded the statement of the deceased-Tejaswini wherein the name of the petitioner is not mentioned. Hence, on these grounds, he sought to allow the petition. 5. Learned AGA would contend that, if the accused is released on bail, he may tamper the evidence and threaten the prosecution witnesses. Hence, he sought for dismissal of the petition. 6. I have perused the material placed before the Court. 7. On the basis of the complaint filed by Sri.Shrishail Nagappa Dharigoud, Chikkodi Police have registered a case in Crime No.221/2024 against the petitioner and his family members for the offences punishable under Sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023. After thorough investigation, the Investigating Officer has submitted charge-sheet against - 4 - NC: 2025:KHC-D:7163 CRL.P No. 101865 of 2025 accused Nos.1 to 3. It is submitted that accused Nos.2 and 3 have already been granted anticipatory bail on 05.04.2025 in Criminal Miscellaneous No.5119/2025 by the learned VII Additional Sessions Judge, Belagavi, sitting at Chikkodi. The offences alleged against the petitioner are not punishable with death or imprisonment for life. The accused is not required for further investigation. 8. Considering the statement recorded by the Head constable 1053 on 01.12.2024, the nature and gravity of the offence committed and that accused Nos.2 and 3 have been granted anticipatory bail, I am of the opinion that it is just and proper to allow the petition. 9. Accordingly, I proceed to pass the following: ORDER Criminal Petition is allowed. The petitioner/accused No.1 shall be released on bail in Crime No.221/2024 of Chikodi Police Station pending in S.C. No.5049/2025 on the file of the learned VII Additional District and sessions - 5 - NC: 2025:KHC-D:7163 CRL.P No. 101865 of 2025 Judge, Belagavi, sitting at Chikodi, subject to the following conditions: i) The petitioner/accused No.1 shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) for the likesum to the satisfaction of the trial Court. ii) The petitioner/accused No.1 shall make himself available for interrogation by the police officer as and when required. iii) The petitioner/accused No.1 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 him from disclosing such fact to the court or to any police officer. iv) The petitioner/accused No.1 shall not tamper the prosecution witnesses in any manner. SD/- (G BASAVARAJA) JUDGE Kmv CT-ASC