- 1 - HC-KAR NC: 2025:KHC-D:13843 CRL.P No. 103849 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103849 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MAHADEV S/O. PUNDALIK GAVANDI, AGE. 45 YEARS, OCC. COOLIE, R/O. BAHIREWADI, TQ. AJARA, DIST. KOLHAPUR, MAHARASHTRA-416220, NOW AT AYODHYA NAGAR, GADHINGLAJ, DIST. KOLHAPUR, MAHARASHTRA. …PETITIONER (BY SRI SANGAMESH S.GHULAPPANAVAR AND SRI KIRAN ANGADI, ADVOCATES.) AND: THE STATE OF KARNATAKA BY PSI, NIPPANI RURAL P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973, (SECTION 483 OF BNSS, 2023), PRAYING TO ORDER TO RELEASE THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.4 ON REGULAR BAIL IN NIPPANI RURAL P.S.CRIME NO.93/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(2)(A), 332(A), 103, 238 READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13843 CRL.P No. 103849 of 2025 2023 PENDING ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI, BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner before this Court, who is arraigned as accused No.4, seeking regular bail in Crime No.93/2024 of respondent police. Brief facts of the case. 2. The case of the prosecution is that, the complainant is the resident of Nippani residing along with his parents in his farm house. As his father was suffering from paralysis, he used to sit outside their house most of the times. His father’s elder brother had also constructed a house nearby their house. As his uncle was died, his aunt Mangala who was a widow was residing with her children Prajwal and Prajakta in that house. - 3 - HC-KAR NC: 2025:KHC-D:13843 CRL.P No. 103849 of 2025 3. It is further alleged that one Ravi S/o.Laxman Khanappagol was frequently visiting the house of Smt.Mangala and he asked the daughter of Mangala for marriage. When she refused to give her daughter for marriage, he was furious. 4. On 04.12.2024 at about 09.30 p.m., when the complainant was in his friend’s fertilizer shop at Mamadapur, he received a call from his father stating that Ravi and some other persons went inside the house of Mangala and he heard the noises of shouting, however, he was unable to go to that place and asked him to come immediately. On receiving the said information, he went to the spot along with his friend and noticed that the door of the house of Mangala was closed. They called their names from outside, however, they did not get any response. Therefore, they entered into the house and found that Mangala and Prajwal were lying in the pool of blood with grievous injuries. The complainant immediately called his - 4 - HC-KAR NC: 2025:KHC-D:13843 CRL.P No. 103849 of 2025 friends and found that both Mangala and Prajwal died at the spot. 5. Thereafter, a complaint came to be registered against Ravi and others. The respondent police after registering the case in Crime No.93/2024, conducted investigation and submitted the charge sheet. 6. Heard Sri.Sangamesh S.Ghulappanavar and Sri.Kiran Angadi, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for the respondent – State. 7. The submission of the learned counsel for the petitioner is that, the petitioner is arraigned as accused No.4. No overt-act is attributed against him. Though, it is stated in the charge sheet that, he was facilitating other three accused persons to commit murder by standing in the road, the fact remains that, none of the witnesses have spoken about his presence at the spot. In fact, identification parade has not been conducted to identify the accused. - 5 - HC-KAR NC: 2025:KHC-D:13843 CRL.P No. 103849 of 2025 8. It is further submitted that, he is aged about 45 years and working as a coolie. The entire family is depending on his income. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 9. Per contra, learned HCGP vehemently submitted that, this is a double murder case. Accused No.1/Ravi was insisting the deceased Mangala to give her daughter for marriage; when she refused to give, a quarrel took place between them. Accused No.1 had animosity against Mangala for not giving her daughter for marriage. Therefore, he took the help of other accused and committed murder of the deceased. The accused being a part of the team and he shared common intention to commit the murder, it is not appropriate to grant bail as prayed for. Making such submissions, learned HCGP prays to reject the petition. - 6 - HC-KAR NC: 2025:KHC-D:13843 CRL.P No. 103849 of 2025 10. Having heard the learned counsels of the respective parties and also perused the averments of the charge sheet, it appears from the record that, accused Nos.1 to 3 entered inside the house of deceased Mangala and killed the deceased Mangala and her son as well. Though, it is alleged that the petitioner was present outside the house and facilitating accused Nos. 1 to 3 to commit the murder by observing the movements of other persons, the fact remains that, even the daughter of the deceased made her statement before the Magistrate and stated that four persons were present. However, she did not disclose identity of the person who was present in the road. Moreover, the Investigating Officer did not conduct identification parade, which is most essential for the purpose of identification. Not having conducted such identification parade, creates doubt regarding presence of the petitioner at the spot. Therefore, I am of the considered opinion that, it is appropriate to grant bail by imposing suitable conditions. - 7 - HC-KAR NC: 2025:KHC-D:13843 CRL.P No. 103849 of 2025 11. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail by executing a person bond for a sum of ₹2,00,000/- along with two sureties for the like sum, to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Court on all hearing dates without trial. iv) The petitioner shall not threaten the prosecution witnesses. v) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission. vi) The petitioner shall not commit similar or any other criminal offences till disposal of the case. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 2 Sl No.: 8