- 1 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102482 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. VENKATESH S/O. RAGHUREDDY, AGE: 31 YEARS, OCC: PLUMBER. 2. BHARATESH S/O. RAGHUREDDY, AGE: 30 YEARS, OCC: COOLIE, BOTH ARE RESIDENT OF NAYAKANAHATTI, TQ. CHALLAKERI, DIST. CHITRADURGA-577536. …PETITIONERS (BY SRI. V. M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HALAGERI P.S. R/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. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONERS NO.1 AND 2 (ACCUSED NO.3 AND 4) ON REGULAR BAIL, IN CONNECTION WITH HALAGERI P.S. CR NO.36/2025 (C.C.NO.1294/2025) PENDING ON THE FILE OF LEARNED I ADDL. SENIOR CIVIL JUDGE AND JMFC RANEBENNUR REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 332(C), 103(1), 61(2), R/W. SECTION 3(5) OF BNS 2023, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 THIS PETITION IS COMING ON FOR FURTHER ARGUMENTS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Banakar Veerabhadrappa Mahadevappa., the learned counsel for the petitioners and Smt. Kirthilata Patil., the learned High Court Government Pleader for the respondent – State. 2. The petitioners – accused Nos.3 and 4 have filed this petition under Section 439 of Cr.P.C., [Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] seeking regular bail in C.C.No.1294/2025, pending on the file of learned I Additional Senior Civil Judge and JMFC., Ranebennur in connection with Halageri P.S Crime No.36/2025, for the offences punishable under Sections 332(c), 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. The brief facts of the prosecution case are as under: - 3 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 On the basis of a complaint lodged by the first informant-Sri Shailesh Garapatti, the respondent-Police have registered a case on 18.02.2025. In the said complaint, it is alleged that the deceased Premalata was a relative of the informant. The deceased was residing alone on the outskirts of Teredahalli village, her husband had passed away several years ago, and the couple had no children. Due to the absence of any immediate family, she had been living by herself. 4. On 16.02.2025, at about 07:45 a.m., the first informant received information that some unknown persons had entered the house of the deceased Premalata, and committed her murder by assaulting her with a heavy stone on the head. Pursuant to this information, the informant lodged a complaint with the Police. During the course of investigation, it was revealed that accused No.1, with an intent to unlawfully acquire the property of the deceased Premalata, conspired with other accused persons. It is alleged that the co-accused instigated and - 4 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 aided in the execution of the murder plan. As a result, the names of the accused persons were included in the First Information Report. The Investigating Officer carried out a detailed investigation and subsequently, filed a charge- sheet against accused Nos.1 to 4 for the aforementioned offences. On 11.05.2025 and 24.05.2025, the petitioners- accused Nos.3 and 4 respectively were arrested and remanded to judicial custody. 5. Learned counsel for the petitioners contended that the petitioners are innocent and have not committed any offence; the petitioners have been falsely implicated in this case; there is no specific overt act attributed against the petitioners, nor has any incriminating material been recovered from them. The only substantial allegations and recovery pertain to accused No.1, from whom the wooden club and rope, reportedly used in the commission of the murder, were seized. The sole allegation against the petitioners is that, they allegedly entered into a criminal conspiracy with accused Nos.1 and 2. The petitioners are - 5 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 permanent resident of Nayakanahatti, Challakeri Taluk, Dist: Chitradurga, and undertake to abide by any conditions that may be imposed by this Court. On these grounds, learned counsel prayed that the petition be allowed. 6. Per contra, learned HCGP contended that the petitioners are involved in an offence punishable under Section 103(1) of BNS, 2023, and there exists a prima- facie case against them. If the petitioners are released on bail, there is likelihood that they may tamper with the prosecution witnesses and obstruct the course of the trial. In view of the serious nature and gravity of the offence, learned HCGP contended that the petitioners are not entitled to bail. Accordingly, she prayed for the rejection of the bail petition. 7. Upon perusal of the materials available on record, it is noted that the Investigating Officer, after completion of investigation, has filed the charge-sheet - 6 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 against accused Nos.1 to 4. The petitioners, being accused Nos.3 and 4, is alleged to be a conspirator who conspired with accused Nos.1 and 2 for the commission of the offence. As per charge-sheet material, accused No.1 had been to the house of the deceased Premalata, took quarrel, assaulted her with a wooden club, and subsequently threw a heavy stone on her head, thereby caused her death. So far as nature of conspiracy, the Trial Court would assess the extent of the petitioners’ involvement, the level of planning, and the specific role they played in the conspiracy. The strength of material collected against the petitioners appears to be not crucial one. The investigation report reveals that accused No.1 made a voluntary statement leading to the seizure of the wooden club and heavy stone. However, nothing has been recovered from accused Nos.3 and 4. Apart from the voluntary statement of accused No.1, no other material has been placed on record to directly connect accused Nos.3 and 4 with the commission of the offence, nor has - 7 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 any motive been attributed to them. Now, the investigation is completed and the charge-sheet has been filed. 8. Upon perusal of the entire prosecution record, it is evident that at this juncture, there is no material on record against accused Nos.3 and 4 to attract the offence under Section 103(1) of BNS, 2023, as the primary allegation is directed solely against accused No.1. The fact that, this Court had granted bail in favour of accused No.2 in Crl.P.No.101699/2025. Taking note of the fact that accused Nos.3 and 4 stand on the same footing as that of accused No.2, who has already been granted bail by this Court, it is just and necessary to allow the bail petition and to release the petitioners on bail. 9. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioners, gravity of offence, severity of punishment, chances of petitioners absconding or fleeing - 8 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 away from justice if released on bail, character and antecedents of the petitioners tampering of the prosecution witnesses, the petitioners are entitled for grant of bail by imposing certain conditions. Accordingly, the following: ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioners – accused Nos.3 and 4 are ordered to be enlarged on bail in C.C.No.1294/2025, pending on the file of learned I Additional Senior Civil Judge and JMFC., Ranebennur in connection with Halageri P.S Crime No.36/2025, on they executing personal bonds in a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction jurisdictional Court, subject to the following conditions: i. The petitioners shall not tamper the prosecution witnesses and shall not threaten the witnesses. - 9 - HC-KAR NC: 2025:KHC-D:8700 CRL.P No. 102482 of 2025 ii. The petitioners shall appear before the Court regularly without fail. iii. The petitioners shall not involve themselves in similar or any other offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 22