- 1 - HC-KAR NC: 2025:KHC-D:8804 CRL.P No. 102476 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102476 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: VINOD NAIK S/O. LAKSHMAN NAIK, AGE: 23 YEARS, OCC: PRIVATE EMPLOYEE, R/O. 29TH WARD, NEAR WATER TANK, BELAGAL ROAD, GOUTHAM ROAD, BALLARI TALUK AND DISTRICT. …PETITIONER (BY SRI. B. S. SANGATI, ADVOCATE) AND: THE STATE OF KARNATAKA, HOSAPETE RURAL POLICE STATION, VIJAYANAGAR, REPRESENTED BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO.00241/2024 DATED 15.11.2024 OF HOSAPETE RURAL POLICE STATION VIJANAYAGAR IN SC.NO.5036/2025 ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI (SITTING AT HOSAPETE) FOR OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120B R/W. SECTION 34 OF I.P.C, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, 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:8804 CRL.P No. 102476 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. B.S. Sangati, learned counsel for the petitioner and Smt. Kirtilata Patil, learned HCGP for the respondent – State. 2. The petitioner – accused No.3 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] seeking to grant bail in S.C. No.5036/2025, on the file of learned III Additional District and Sessions Judge, Ballari sitting at Hospet in connection with Hospet Rural P.S. Crime No.241/2024 for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC. 3. Brief facts of the prosecution case is as under; A complaint came to be lodged by one Gowri Bai alleging that her brother-in-law (brother of deceased), she and her husband Kannu Naik had received a huge amount of money as advance loan amount for the purchase of a - 3 - HC-KAR NC: 2025:KHC-D:8804 CRL.P No. 102476 of 2025 lorry and for labour expenses to cut down the sugarcane crops. After receiving money, they have not paid the loan amount. Hence, the entire loan dues were put on Hanuman Naik. Thus, they decided to commit murder of their brother Kannu Naik. Therefore, they went to the Ballari and hatched a plan to commit murder of Kannu Naik. On 05.06.2024 in between 07:30 p.m. and 08:30 p.m., Kannu Naik had gone to attend nature call on the national highway in the outskirts of Ballari, an isolated area of Hospete town, where the accused persons assaulted Kannu Naik and committed his murder and thereafter, dashed a Dio motorcycle beside the road and dumped the body on the roadside, thereby created a scene like a road accident to destroy the evidence and made the deceased’s wife and people to believe that deceased had sustained injuries in a road traffic accident. 4. Based on the complaint, a case was registered at Hospete Rural Police Station in Crime No.241/2024, registered for the offences punishable under Sections 302, - 4 - HC-KAR NC: 2025:KHC-D:8804 CRL.P No. 102476 of 2025 201, 120B read with Section 34 of IPC. After completion of the investigation, the Investigating Officer submitted the charge-sheet against the accused persons. 5. The learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated in the case. It was submitted that no overt act has been alleged against the petitioner, and nothing has been recovered from him. The sole allegation against the petitioner is that he conspired with the other accused persons and allegedly hatched the plan prior to the incident. The petitioner is willing to abide by any conditions to be imposed by the Court. Accordingly, the learned counsel prayed to allow the petition. 6. Per contra, learned High Court Government Pleader has filed a statement of objection contending that the petitioner is involved in the offence punishable under Section 302 of IPC, that there is a prima facie case against the petitioner, and if he is released on bail, he may tamper with the prosecution witnesses and hamper the trial. Thus, - 5 - HC-KAR NC: 2025:KHC-D:8804 CRL.P No. 102476 of 2025 considering the nature and gravity of offences, the petitioner is not entitled for bail. Hence, prayed for rejection of petition. 7. On perusal of the material available on record, it appears that, the incident occurred during the night hours on 05.06.2024 between 07:30 p.m. and 08:30 p.m. on national highway, in an isolated area of Hospete town on the outskirts of Ballari, when the deceased Kannu Naik went to attend the nature’s call. As per the statement of the witnesses, it appears that accused Nos.1 to 3 assaulted the deceased Kannu Naik and thrown his dead body on the National Highway. Insofar as the allegation against the petitioner, who is accused No.3 is concerned, it is claimed that he conspired and devised the plan with the other accused individuals to commit the murder of Kannu Naik. Hence, at this juncture, there is no material against the petitioner – accused No.3 to attract the offence punishable under Section 302 of IPC. - 6 - HC-KAR NC: 2025:KHC-D:8804 CRL.P No. 102476 of 2025 8. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering with prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, I proceed to pass the following: ORDER Criminal Petition is hereby allowed. The petitioner – accused No.3 is ordered to be enlarged on bail in S.C. No.5036/2025 (Crime No.241/2024 of Hospete Police Station), on the file of learned III Additional District and Sessions Judge, Ballari, sitting at Hospet, on he executing a 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: - 7 - HC-KAR NC: 2025:KHC-D:8804 CRL.P No. 102476 of 2025 i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses; ii) The petitioner shall appear before the Court regularly without fail; iii) The petitioner shall not involve himself in similar offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 34