- 1 - HC-KAR NC: 2025:KHC-D:7303 CRL.P No. 101894 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101894 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI MAHANTESH S/O. SHIVAPPA PUJARI, AGE 25 YEARS, OCCUPATION: COOLIE, R/O. MEKALI, TALUK: RAIBAG, DISTRICT BELAGAVI-591317. …PETITIONER (BY SHRI S. M. MUCHHANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THE POLICE INSPECTOR RAIBAG POLICE STATION, DISTRICT BELAGAVI, PIN-591317, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDNG, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, PIN-580011. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC.483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION FILED BY THE PETITIONER/ACCUSED NO.3 AND HE MAY BE ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE CONDITIONS IN RAIBAG P.S CRIME NO.368/2024 UNDER SECTION 103(1), 238, 61, 140 READ WITH SECTION 3(5) OF BNS PENDING TRIAL ON THE FILE OF VIIth ADDITONAL DISTRICT AND SESSIONS JUDGE BELAGAVI, SITTING AT CHIKKODI IN S.C.NO.5041/2025 IN THE INTEREST OF JUSTICE AND EQUITY. 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:7303 CRL.P No. 101894 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent – State. 2. This petition is filed by the petitioner/Accused No.3 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) (Section 439 of Cr.P.C) to grant bail in S.C.No.5041/2025 pending on the file of learned VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi. 3. Brief facts of the case of the prosecution are as under: On 01.11.2024 at 7:00 p.m, accused Nos.1 to 4 made criminal conspiracy in order to commit murder of one Beerappa. Thus, they took him to a party in order to consume alcohol. Accordingly on 02.12.2024 at 6:00 p.m., accused No.1 – Neelappa Karavalli kidnapped the deceased Beerappa in a CD-Deluxe motorcycle bearing registration No.KA.23/EH-9498 and took him to Raibag, made him to consume alcohol, where accused No.3 – Mahantesh Pujari, the petitioner herein, - 3 - HC-KAR NC: 2025:KHC-D:7303 CRL.P No. 101894 of 2025 accused No.4 – Kanteppa Ninappa Malangi were present. They had dinner at Sahara Daba, took him to the land bearing Sy.No.79/2 of one Satyappa Kallappa Kariholi, where they quarrelled with the deceased. Accused No.1 assaulted the deceased with a stone on his face and head, accused No.3 – Mahantesh Pujari and accused No.4 Kanteppa Malangi also assaulted with hands on the face of the deceased. Thereafter, in order to screening the offence, they shifted the body from the scene of offence to railway track near the railway under bridge coming under territory of Nagaral village near Byakod- Raibag road, which leads to registration of case and to conduct investigation. 4. After investigation, the Investigating Officer has filed the charge sheet against the accused persons for the offences punishable under Sections 103(1), 238, 61, 140 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short). During the course of investigation, the petitioner was arrested and in turn remanded to the judicial custody. Since then, the petitioner is in judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:7303 CRL.P No. 101894 of 2025 5. Learned counsel for the petitioner contended that, the petitioner is an innocent and he has not committed any offences as alleged by the prosecution and there are no criminal antecedents. The petitioner is law abiding citizen and an agriculturist by profession and he is the sole bread earner of the family. He is ready to abide by the conditions to be imposed by this Court. Hence, he prayed for grant of bail. 6. Per contra learned High Court Government Pleader contended that there is prima facie material against the petitioner as he has involved in the heinous offences punishable under sections 103(1), 238, 61, 140 read with Section 3(5) of BNS, which are punishable with death or imprisonment for life. If he is released on bail there is likelihood of he flee away from justice and there is also chance of tampering the witnesses and hampering the trial. Hence, he prayed for dismissal of the petition. 7. On perusal of the material available on record including the charge sheet, it appears that, on 02.12.2024 accused Nos.1, 3 and 4 took the deceased in order to commit crime on the premise that the deceased had illicit relationship - 5 - HC-KAR NC: 2025:KHC-D:7303 CRL.P No. 101894 of 2025 with accused No.2. The records reveals that accused Nos.2 has been enlarged on bail by the Trial Court. From perusal of the statement of witnesses and postmortem report, it appears that the case is based on circumstantial evidence and as per the last seen witness, it reveals that prior to death of deceased, accused Nos.1, 3 and 4 and deceased had consumed alcohol and had dinner at Sahara Daba. Thereafter on the following day, the deceased was missing from the scene of offence and accused Nos.1, 3 and 4 were missing from their village. Subsequently, on 03.12.2024 the dead body of deceased was found on the railway track near Railway Bridge at Nagaral village. As per postmortem report, the doctor has noticed injury Nos.6 and 7 as follows: 6. Face swollen with evidence of fracture of multiple facial bones (nasal, maxila, mandible). 7. Bleeding from nose and ear noted. 8. As per injury No.6 and 7 i.e., face swollen with evidence of fracture of multiple facial bones (Nasal, maxilla, mandible) and bleeding from nose and ear noted. - 6 - HC-KAR NC: 2025:KHC-D:7303 CRL.P No. 101894 of 2025 9. As per the charge sheet papers the allegations made against accused No.3 – petitioner herein that he assaulted the deceased with hands and legs on his face, as per P.M. Report, face of deceased was swollen. It shows that, there is prima facie allegation against the petitioner/Accused No.3 and his involvement in the alleged offences. 10. The allegations made against accused Nos.2 and 3 are on the different footing. Therefore, parity cannot be extended to accused No.3. Thus, the petitioner is not entitled for bail. Accordingly, this Court proceed to pass the following: ORDER The criminal petition is hereby rejected. NOTE. The observation made in the petition is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 20