- 1 - HC-KAR NC: 2025:KHC-D:9114 CRL.P No. 102653 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102653 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRINIVAS S/O. BUGGANNA CHALERI, AGE: 54 YEARS, OCC: BARBBER, R/O. TORAVIHAKKAL, HUBBALLI-560025. …PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (KAMARIPETH POLICE STATION, HUBBALLI), REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.3 ON BAIL IN KAMARIPETH P.S. CRIME NO.28/2025, PENDING ON THE FILE OF JMFC 3RD COURT, HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 49 R/W.3(5) OF BNS- 2023, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9114 CRL.P No. 102653 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.R.H.Angadi, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent-State. 2. The petitioner/accused No.3 has filed this petition under Section 439 of the Criminal Procedure Code (for short, ‘the Cr.P.C.) / 483 of the Bharatiya Nagarik Surksha Sanhita, 2023 (for short, ‘the BNSS’) seeking to enlarge him on bail in connection with the Crime No.28/2025 of Kamaripeth Police Station for the offences punishable under Sections 103 and 49 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). 3. The brief facts of the prosecution case are as under: On 29.01.2025 at about 10:00 p.m., a scuffle took place between the de facto complainant, the deceased, - 3 - HC-KAR NC: 2025:KHC-D:9114 CRL.P No. 102653 of 2025 and the accused persons regarding the alleged illegal intimacy of accused No.1 with a girl residing in Dharwad. During the incident, accused Nos.2 and 3 abetted accused No.1 to commit the murder of the deceased, who was the mother of accused Nos.1 and 2, and the wife of accused No.3. 4. Accused No.1 assaulted the deceased with a window glass on her waist, causing bleeding injuries. She was immediately shifted to KIMS Hospital, Hubballi, where she succumbed to the injuries on 30.05.2025 at about 7:30 a.m. Subsequently, on 30.05.2025 at about 11:15 a.m., the wife of accused No.1, who is also the daughter-in-law of the deceased, lodged the first information report with the respondent-Police. This led to the registration of an FIR and initiation of investigation. 5. During the course of the investigation, petitioner was arrested and in turn, he was remanded to the judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:9114 CRL.P No. 102653 of 2025 6. The learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences and has not committed the same. He has been falsely implicated in the case. There is no overt act alleged against him, and nothing has been recovered from him. The only allegation against the petitioner is that he instigated accused No.1 to commit the murder of the deceased. The petitioner is ready and willing to abide by any conditions that may be imposed by this Hon’ble Court and therefore, prayed for allowing the petition. 7. Per contra, the learned HCGP contended that the petitioner is involved in the offence punishable under Section 103 of the BNSS. There are prima facie materials against him. If the petitioner is released on bail, he may tamper with the prosecution witnesses and hamper the trial. Hence, he prayed for rejection of the petition. 8. Upon perusal of the materials available on record, it is revealed that on 29.05.2025 at about 10:00 - 5 - HC-KAR NC: 2025:KHC-D:9114 CRL.P No. 102653 of 2025 p.m., accused No.1 and the deceased quarrelled over accused No.1’s alleged illicit relationship with a woman residing in Dharwad. Due to this, the relationship between accused No.1 and his wife (the complainant) was strained. It is alleged that accused No.1, at the instigation of accused Nos.2 and 3, voluntarily assaulted the deceased with a window glass on her waist, causing severe injuries. She was thereafter, shifted to KIMS Hospital, Hubballi, by accused No. 3 himself, where she succumbed to the injuries. Although the incident occurred on 29.05.2025, no complaint was lodged immediately, and it was filed only after the death of the deceased. 9. Upon perusal of the entire prosecution papers, there appears to be no material against petitioner No.3 to attract an offence under Section 302 of the IPC at this stage. The main allegation is primarily against accused No.1. 10. Having regard to the facts and circumstances - 6 - HC-KAR NC: 2025:KHC-D:9114 CRL.P No. 102653 of 2025 of the case, looking into the nature of allegation made against the petitioner, gravity of offence, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, I proceed to pass the following: ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner – accused No.3 is ordered to be enlarged on bail in Crime No.28/2025 of Kamaripeth Police Station, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) Petitioner/accused No.3 shall mark his attendance on the 1st every month in between 10:00 a.m. and 05:00 p.m. for a period of six months or until the filing of the final report, whichever is earlier. - 7 - HC-KAR NC: 2025:KHC-D:9114 CRL.P No. 102653 of 2025 ii) He shall not tamper the prosecution witnesses and shall not threaten the witnesses; iii) He shall appear before the Court regularly without fail; iv) He shall not involve himself in similar offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 16