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2025 DAILYLAW 53116 (KAR)

NARAYAN S/O BASAPPA MALI v. STATE OF KARNATAKA

CRL.P/102362/2025 · 2025-07-29

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 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. 102362 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NARAYAN S/O BASAPPA MALI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: KATAKBHAVI, TAL: CHIKODI, DIST: BELAGAVI-590 001. … PETITIONER (BY SRI. V.M. SHEELAVANT, ADVOCATE) AND: STATE OF KARNATAKA, BY PSI CHIKODI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC NO.5070/2023 (C.C. NO.2844/2023) (CRIME NO.148/2023 CHIKKODI P.S.) PENDING ON THE FILE OF THE LEARNED VII ADDL. DISTRICT AND SESSIONS COURT BELAGAVI SITTING AT: CHIKKODI, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120(B), 302, 201 R/W 34 OF IPC, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.5070/2023 pending before the court of VII Additional Sessions Judge, Belagavi sitting at Chikodi arising out of Crime No.148/2023 registered by Chikodi Police Station, Belagive, for the offences punishable under Sections 120(B), 302, 201 R/W 34 of Indian Penal Code is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (439 of Cr.P.C.) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.148/2023 was registered by Chikodi police station, for the offences punishable under Sections 302 and 201 of IPC based on the first information dated 07.07.2023 received from Basagouda Nerli, Police Sub Inspector, Chikodi police station, Belagavi. 4. During the course of investigation of the said case, accused Nos.1 and 2 were arrested on 07.07.2023 - 3 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 of 2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the accused for the aforesaid offences and case is now pending before the jurisdictional Session Court in Special Case No.5070/2023. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.2010/2025 was rejected on 30.01.2025. Therefore he is before this Court. 5. Learned counsel for the petitioner submits that the case of the prosecution is based on circumstantial evidence. Accused No.2 as against whom similar allegation is found in the charge sheet has been granted regular bail by the Coordinate Bench of this Court in Crl.P.No.103254/2024 disposed of on 20.12.2024. There is absolutely no progress in the trial in the present case and as on the this date, out of the 135 witnesses stated in the charge sheet, not even single witness has been examined. The petitioner has no criminal antecedents. Accordingly, prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 of 2025 6. Per contra, the learned HCGP has opposed the petition. She submits that the petitioner had strong motive to commit the murder of the deceased Acharya Sri. Kamkumar Nandi Maharaj Swamiji. There are strong circumstance to connect the petitioner to the crime. Accordingly, she prays to dismiss the petition. 7. Perusal of the material on record would go to show that the deceased was found missing on the night of 05.07.2023 and it is under these circumstances, a missing complaint was initially registered in Crime No.147/2023 by Chikodi police station, Belagavi. During the course of investigation in the said case, accused Nos.1 and 2 were summoned and interrogated and based on their confession statements, FIR in Crime No.148/2023 was registered by Chikodi police station against the petitioner and another initially for the offences punishable under Sections 302 and 201 of Indian Penal Code. During the course of investigation, accused were arrested on 07.07.2023 and - 5 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 of 2025 after completing investigation, chare sheet has been filed against the accused for the aforesaid offences. 8. Perusal of the material would go to show that entire case of the prosecution is based on circumstantial evidence. In the charge sheet, it is alleged that the petitioner was due to pay a sum of Rs.6,00,000/- to the deceased Swamiji and since the deceased was frequently demanding the repayment of the said amount, petitioner had allegedly conspired with accused No.2 to commit the murder of the Swamiji. In furtherance of such conspiracy on the night of 05.07.2023, accused Nos.1 and 2 had committed murder of the deceased by strangulating his neck with a towel. It is alleged in the charge sheet that accused No.2 had held the deceased. While accused No.1 allegedly strangulated his neck with a towel. Thereafter, accused Nos.1 and 2 had shifted the dead body, cut the same into pieces and had disposed of the pieces into a bore well belonging to the petitioner herein. - 6 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 of 2025 9. Undisputedly, the petitioner has no other criminal antecedents. He is in custody for the last more than two years. It is also not in dispute that out of the 135 charge sheet witnesses cited in the present case, till date not even a single charge sheet witness has been examined. Accused No.2 as against whom similar allegations are found in the charge sheet has been granted regular bail by the Coordinate Bench of this Court in Crl.P.No.103254/2024 disposed of on 20.12.2024. 10. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5070/2023 pending before the VII Additional Sessions Judge, Belagavi - 7 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 of 2025 sitting at Chikodi arising out of Crime No.148/2023 registered by Chikodi Police Station, Belagive, for the offences punishable under Sections 120(B), 302, 201 R/W 34 of Indian Penal Code, 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 Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - HC-KAR NC: 2025:KHC-D:9306 CRL.P No. 102362 of 2025 d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 18