- 1 - HC-KAR NC: 2025:KHC-D:7365 CRL.P No. 101874 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101874 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: LAKSHMAN NAIK S/O. GANESH NAIK, AGE 23 YEARS, OCC: AUTO DRIVER, R/O. KUMATI THANDA, TQ. SANDUR, DIST. BALLARI, PRESENTLY RESIDING AT: 29TH WARD, NEAR WATER TANK, BELAGAVI ROAD, GOUTAM RAOD, TQ AND DIST. BALLARY-583101. …PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY HOSPET RURAL P.S, TQ. HOSAPETE, DIST. VIJAYANAGARA, REPRESENTED BY ADDL. S. P. P, HIGH COURT PREMISES, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 FOR THE CRIME REGISTRED BY THE HOSPET RURAL PS, VIJAYANAGARA ON THE FILE OF THE COURT OF PRL. CIVIL JUDGE (SR.DN) AND JMFC COURT, HOSAPETE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 302, 201, 120B R/W SEC. 34 OF IPC IN CRIME NO. 241/2024 AND CONSEQUENTLY ALLOW THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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:7365 CRL.P No. 101874 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner/accused No.4 and the learned High Court Government Pleader for the respondent – State. 2. The petitioner/accused No.4 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] 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 have received huge money as advance loan amount for purchase of lorry and for - 3 - HC-KAR NC: 2025:KHC-D:7365 CRL.P No. 101874 of 2025 labours 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 and therefore, they went to the Ballari and hatched a plan to commit murder of Kannu Naik. On 05.06.2024 in between 7:30 p.m, and 8:30 p.m, Kannu Naik had been to attend nature call on national highway in the outskirts of Ballari, a desolate area of Hospete town, where the accused persons assaulted Kannu Naik and committed his murder and thereafter, dashed the Dio motorcycle beside the road, dump the body on the roadside, thereby created a scene like a road accident, destroyed the evidence, make 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 P.S in Crime No.241/2024, registered for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC. After completion of - 4 - HC-KAR NC: 2025:KHC-D:7365 CRL.P No. 101874 of 2025 investigation, the Investigating Officer has submitted charge-sheet against the accused persons. 5. Learned counsel for the petitioners contended that the petitioner is innocent, he has been falsely implicated in this case, there are no overt act alleged against him and nothing is recovered from this petitioner; the only allegation against the petitioner is that, he came in a motorcycle soon after the incident, he took accused Nos.2 and 3 in his motorcycle to Ballari and he hatched a plan prior to the date of incident. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, the counsel prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader has filed statement of objections contending that the petitioner is involved in the offence punishable under Section 302 of IPC, there is a prima facie case against the petitioner and if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, - 5 - HC-KAR NC: 2025:KHC-D:7365 CRL.P No. 101874 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 in the night hours on 05.06.2024 in between 7:30 p.m and 8:30 p.m on national highway, a desolate area of Hospete town in the outskirts of Ballari, when the deceased Kannu Naik went to attend the nature 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 in the National Highway. Thereafter, dashed the Dio motorcycle, beside the road, dump the body on the roadside and thereby created a scene like a road accident. 8. As per the statement of witnesses, it further reveals that accused No.3 is made criminal conspiracy and hatched a plan to commit the murder of Kannu Naik. On perusal of the entire charge-sheet papers, prima-facie there is no material against accused No.4 to attract - 6 - HC-KAR NC: 2025:KHC-D:7365 CRL.P No. 101874 of 2025 Section 302 of IPC. At this juncture, the main allegation is against accused Nos.1 to 3. 9. 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 of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner/accused No.4 is ordered to be enlarged on bail in S.C.No.5036/2025 (Crime No.241/2024 of Hospet Police Station), on the file of III Additional District and Sessions Judge, Ballari sitting at Hospet, on he - 7 - HC-KAR NC: 2025:KHC-D:7365 CRL.P No. 101874 of 2025 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) 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 AM /CT-AN List No.: 1 Sl No.: 26