- 1 - HC-KAR NC: 2025:KHC-D:13239 CRL.P No. 103818 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103818 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI SHANTANU S/O AHOOK CHOUGALE, AGE. 21 YEARS, OCC. PRIVATE WORK, R/O. BUDDHA NAGAR, NIPPANI, DIST. BELAGAVI, PIN-591 237. … PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THE POLICE INSPECTOR, NIPPANI TOWN POLICE STATION, DIST. BELAGAVI, PIN-591 237, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, PIN-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 ALLOWED AND THIS PETITIONER/ACCUSED NO.13 MAY BE ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE CONDITIONS IN NIPPANI TOWN P.S. CRIME NO.61/2024 UNDER SECTIONS 189(2), 191(2), 191(3), 61(2)(A), 103, 238 R/W 190, 49 AND 3(5) OF BNS, PENDING TRIAL ON THE FILE OF VII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI, SITTING AT: CHIKKODI, IN S.C. NO.5002/2025, 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:13239 CRL.P No. 103818 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.13 in S.C. No.5002 of 2025 pending before the Court of VII-Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.61 of 2024, registered by Nippani Town Police Station, Belagavi for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(A), 103, 238 read with Section 190, 49 and 3(5) of BNS, 2023, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.61 of 2024 was registered by Nippani Town Police Station, Belagavi, for the aforesaid offences against Atish Belekar and others based on the first information dated 02.10.2024 received from Saifali Sherali Nagarji, who is the brother of the deceased Ashrafali Sherali Nagarji. During the course of investigation, the petitioner herein was arrested on 05.10.2024 and subsequently - 3 - HC-KAR NC: 2025:KHC-D:13239 CRL.P No. 103818 of 2025 remanded to judicial custody. After completing investigation charge sheet has been filed in the present case against 13 persons and the petitioner is arraigned as accused No.10 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore he had approached this Court in Criminal Petition No.101902 of 2025, which was dismissed as withdrawn based on the memo filed by the learned counsel for the petitioner. However, this Court also had made note that petitioner may seek similar relief soon after examination of the material witnesses. 4. Criminal Petition No.101902 of 2025 was filed by accused nos.12 and 13 before this Court and said petition was dismissed as withdrawn as aforesaid on 07.07.2025. Thereafter, accused no.12 had filed Criminal Petition No.103090 of 2025, which has been allowed by this Court on 02.09.2025. - 4 - HC-KAR NC: 2025:KHC-D:13239 CRL.P No. 103818 of 2025 5. Perusal of the material would go to show that petitioner’s name was not found in the FIR. In the charge sheet the allegation of assaulting deceased is found only as against accused nos.1 to 5 and 7. Accused nos.6 and 8 to 11 were allegedly present at the spot of crime, but, had not interfered when accused nos.1 to 5 and 7 were assaulting the deceased. Allegation against accused nos.12 and 13 is that they had informed about the whereabouts of the deceased to the assailants. Accused no.9 has been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.102252 of 2025 disposed of on 02.07.2025 and accused no.11 has been granted regular bail in Criminal Petition No.102252 of 2025. Accused no.10 has been granted regular bail in Criminal Petition No.102959 of 2025. 6. Under these circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: - 5 - HC-KAR NC: 2025:KHC-D:13239 CRL.P No. 103818 of 2025 ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C. No.5002 of 2025 pending before the Court of VII-Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.61 of 2024, registered by Nippani Town Police Station, Belagavi for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(A), 103, 238 read with Section 190, 49 and 3(5) of BNS, 2023, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the - 6 - HC-KAR NC: 2025:KHC-D:13239 CRL.P No. 103818 of 2025 Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 7. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP & VMB / CT:BCK LIST NO.: 1 SL NO.: 26