- 1 - HC-KAR NC: 2025:KHC-D:7351 CRL.P No. 101940 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. 101940 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI SANTOSH S/O. PARASHURAM NAIK (A-1), AGE: 30 YEARS, OCC: MASON WORK, R/O. YADYANAWADI ROAD, NEAR TANK, WALAKI, TALUK CHIKODI DIST. BELAGAVI. …PETITIONER (BY SMT. SANGEETA K. DONGARE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CIRCLE POLICE INSPECTOR, NIPANI CIRCLE, KHADAKLAT P.S, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 (U/S.439 OF CR.P.C.) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CONNECTION WITH CRIME NO.02/2025 OF KHADAKLAT POLICE STATION BEFORE THE HON BLE IIND ADDL. CIVIL JUDGE AND JMFC CHIKODI, AT CHIKODI IN C.C.NO.645/2025 UNDER SECTION 364, 302, 201, 120(B) R/W. 34 IPC 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:7351 CRL.P No. 101940 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. 2. The petitioner has filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) seeking grant of bail in Crime No.02/2025 of Khadakalat Police Station, Nippani Circle, Belagavi District for the offences punishable under Section 364, 302, 201, 120B read with Section 34 of the Indian Penal Code, 1860 (“IPC” for short). 3. The gist of the complaint averment would reveal that one Appasaheb Bhima Naik aged about 64 years was found missing since 10.08.2023, who had been for acting as a broker in the sandy where cattle was sold. He did not return to home for quite some time. Therefore, the complainant entertained a doubt that the present petitioners with an intention to kill his father, took him to Phonda ghata of Maharashtra and between 8:00 a.m to 3:00 p.m killed him - 3 - HC-KAR NC: 2025:KHC-D:7351 CRL.P No. 101940 of 2025 and destroyed the evidence of the crime including the dead body. 4. The jurisdictional police after investigation arrested the accused and filed charge sheet against them. Thus, the petitioner being accused No.1 filed criminal petition in Crl.P.No.5067/2025 before the learned VII Additional Sessions Judge, Belagavi sitting at Chikkodi. The same came to be rejected and similar bail petition was also filed in Crl.P.No.5178/2025 and which also came to be rejected on 07.05.2025. 5. The Co-Ordinate Bench of this Court in Crl.P.No.101387/2025 has granted bail in favour of accused No.3 in same case on 21.04.2025. Wherein the Co-Ordinate Bench of this Court has observed at paragraph Nos.7 and 8 as under: “7. Since it is a case corpus delicti, where the dead body of the complainant’s father has not been recovered, the continuation of the present petitioner in judicial custody is no longer warranted, as the entire case rest on circumstances evidence. 8. Petitioner has cooperated with the investigation and charge sheet is also filed.” - 4 - HC-KAR NC: 2025:KHC-D:7351 CRL.P No. 101940 of 2025 6. From the perusal of the entire charge sheet no doubt it appears that it is a case of grant of bail as the dead body has not been recovered. Allegation against accused No.1 and 3 stands in a similar footing Therefore, on the ground of parity, accused No.1 is also entitled for grant of bail. Hence, this court proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.02/2025 of Khadakalat Police Station registered for the offences punishable under Sections 364, 302, 201 and 120B read with Section 34 of IPC on following conditions: i. The petitioner shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. ii. The petitioner shall not tamper with any prosecution witnesses in any manner. iii. Petitioner shall attend the Court regularly. iv. The petitioner shall not leave the jurisdiction of Belagavi District without prior permission. - 5 - HC-KAR NC: 2025:KHC-D:7351 CRL.P No. 101940 of 2025 Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (VENKATESH NAIK T) JUDGE EM/CT-AN List No.: 1 Sl No.: 27