- 1 - HC-KAR NC: 2025:KHC-D:7525 CRL.P No. 101878 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101878 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI. MARUTI S/O. ARJUN BAVIHAL, AGE: 30 YEARS, OCC: AGRICULTURIST, R/O. YARGATTI, TALUKA YARAGATTI, DISTRICT BELAGAVI. …PETITIONER (BY SRI. R. M. HIREMATH AND SRI. SUJEET S. HIREMATH, ADVOCATES) AND: THE STATE OF KARNATAKA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH MURGOD POLICE STATION. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS ACT 2023, (U/S.439 OF CR.P.C.) SEEKING BAIL IN CONNECTION WITH MURGOD P.S.CRIME NO.329/2024 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC., SAUNDATTI FOR THE OFFENCE PUNISHABLE U/S. 103(1) OF BHARATIYA NYAYA SANHITA, 2023, MAY KINDLY BE ALLOWED AND THE PETITIONER/ACCUSED MAY KINDLY BE ENLARGED ON BAIL 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:7525 CRL.P No. 101878 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. 2. This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in connection with Crime No.329/2024 for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are as under: The deceased and accused are brothers. They own agricultural land measuring 32 acres at Yaragatti village and also three tractors. As the deceased was not working in the house as well as in the land, the accused developed ill-will against the deceased and also tried to evict the deceased as well as the wife from the joint family. Thereafter, a partition was took place between the accused and the deceased. At that time, the accused made - 3 - HC-KAR NC: 2025:KHC-D:7525 CRL.P No. 101878 of 2025 criminal intimidation to eliminate him. On 20.12.2024, when the deceased came in his Bajaj motorcycle bearing registration No.KA-24/U-8747, the accused came in tractor and dashed to the motorcycle of the deceased in order to commit murder. Thus, he sustained severe injuries and succumbed to the injuries on the spot. Accordingly, the first informant lodged the complaint, which led to the registration of an FIR and initiation of investigation. 4. During the course of investigation, the accused was arrested by the respondent – Police and thereafter, he was remanded to judicial custody. 5. Learned counsel for the petitioner contended that the petitioner is innocent, has not committed any offence and has been falsely implicated in this case. There is no overt act attributed to the petitioner and no recovery has been made from the accused. The only allegation is that the petitioner allegedly caused the motorcycle accident resulting in death of the deceased, purportedly - 4 - HC-KAR NC: 2025:KHC-D:7525 CRL.P No. 101878 of 2025 with an intent to eliminate him. It is further contended that, to establish the alleged offence, it must first be proved that the accident indeed occurred on the mud road of Yaragatti Road. At the time of the incident, the deceased was reportedly under the influence of alcohol, with a concentration of 266.61 mg% found in his abdomen. Now the investigation is completed and the charge sheet has been filed by the Investigating Officer, the petitioner is willing to comply with any conditions that may be imposed by this Hon’ble Court. On these grounds, the learned counsel prayed that the petition be allowed. 6. Per contra, the learned HCGP has filed the statement of objections and contended that the petitioner is involved in the offence of Section 302 of IPC. There is prima facie case against him. If he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail. Accordingly, the learned HCGP prayed for rejection of the petition. - 5 - HC-KAR NC: 2025:KHC-D:7525 CRL.P No. 101878 of 2025 7. Perused the materials available on record. The Investigating Officer after completion of investigation has filed the charge-sheet. As per the charge sheet material, the petitioner and deceased were brothers. As the deceased was not working in the house as well as in the land, the accused developed ill-will against the deceased and also tried to evict the deceased as well as the wife from the joint family. Thereafter, a partition was took place between the accused and the deceased. At that time, the accused made criminal intimidation to eliminate him. On 20.12.2024, when the deceased came in his Bajaj motorcycle bearing registration No.KA-24/U-8747, the accused came in tractor and dashed to the motorcycle of the deceased in order to commit murder. Thus, he sustained severe injuries and succumbed to the injuries on the spot. As per the statement of CW8, he saw the tractor of accused in the land of the deceased. From the perusal of MV report issued by the RTO, the motorcycle got damaged, in all 12 damages. However, no damage is - 6 - HC-KAR NC: 2025:KHC-D:7525 CRL.P No. 101878 of 2025 caused to the tractor of accused. Hence, the counsel for the petitioner contended that the Investigating Officer has falsely implicated the petitioner in this case. 8. As per the postmortem report, the deceased had consumed alcohol, and the alcohol content in his body was quantified at 266.61 mg% at the time of the incident, indicating significant intoxication. Initially, the Investigating Officer proceeded with the investigation on the premise that it was a case of an accident. However, subsequently, the petitioner was arrested under the allegation that he intentionally caused the death of the deceased. At this stage, there appears to be no clear nexus between the petitioner and the alleged offence. It is also noteworthy that the tractor, allegedly involved in the incident, did not suffer any damage, whereas only the deceased’s motorcycle was damaged. This raises serious doubts about the nature of the incident and the petitioner’s alleged involvement. - 7 - HC-KAR NC: 2025:KHC-D:7525 CRL.P No. 101878 of 2025 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, I proceed to pass the following: ORDER [i] The criminal petition is allowed. [ii] The petitioner is ordered to be enlarged on bail 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 the Trial Court. [iv] The petitioner shall not tamper the prosecution witnesses. [v] The petitioner shall appear before the Court regularly. - 8 - HC-KAR NC: 2025:KHC-D:7525 CRL.P No. 101878 of 2025 [vi] The petitioner shall not commit any offence during the pendency of the trial, including any offence similar to the one alleged. Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail before the appropriate Court in accordance with law. NOTE: The above observation made in this petition is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 18