- 1 - HC-KAR NC: 2025:KHC-D:10455 CRL.P No. 103011 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103011 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KHANDOBA S/O NINGAPPA PATADARI, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. NEERALAKATTI ONI, GARAG, TQ. AND DIST. DHARWAD. … PETITIONER (BY SRI. K.M. SHIRALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GARAG POLICE STATION, GARAG, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ORDER TO RELEASE THE PETITIONER ON BAIL IN SC NO.23/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(1), 49, 329(2), 103(1), 238, 62 R/W 3(5) OF BNS PENDING ON THE FILE OF THE IVTH ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, ARISING OUT OF GARAG PS CRIME NO.237/2024, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10455 CRL.P No. 103011 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.23/2025 pending before the IV Additional District and Sessions Judge, Dharwad arising out of Crime No.237/2024 registered by Garag town Police Station, Dharwad, for the offences punishable under Sections 61(1), 49, 329(2), 103(1), 238, 62 R/W 3(5) of BNS, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.237/2024 was registered by Garag town Police Station, Dharwad police station, initially for the offences punishable under Sections 329(2) and 103(1) of BNS against unknown persons based on the first information dated 03.12.2024 received from Deepa W/o Girish Karadigudda. During the course of investigation, petitioner was arrested on 05.12.2024 and remanded to judicial custody. After completing investigation, charge sheet has been - 3 - HC-KAR NC: 2025:KHC-D:10455 CRL.P No. 103011 of 2025 filed against four persons and petitioner has been arraigned as accused No.1 in the charge sheet. His bail application filed before the trial Court in SC No.23/2025 was rejected on 23.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR in the present case was initially registered against unknown persons based on the first information dated 03.12.2024 submitted by Deepa wife of the deceased after the dead body of the deceased was found inside their house. It appears that subsequently the further statement of Deepa was recorded by the Investigation Officer, who had confessed about her illicit relationship with accused No.1. It is under these circumstances accused No.1 was arrested on 05.12.2024. After completing investigation, charge sheet is now filed against four persons. Allegation in the charge sheet is that after coming to know about the illicit relationship between Deepa and accused No.1, the deceased Girish had fought with Deepa and also had blocked the mobile phone - 4 - HC-KAR NC: 2025:KHC-D:10455 CRL.P No. 103011 of 2025 number of accused No.1 in her mobile phone. Therefore, accused No.1 had an ill-will against Girish. It is further alleged that accused No.2 was teasing daughter of Girish and therefore, Girish had assaulted accused No.2 and his friend accused No.3. After coming to know about the same, accused No.1 allegedly conspired with accused Nos.2 to 4 to commit the murder of Girish and in furtherance of such conspiracy, accused No.1 allegedly had provided the weapons to accused Nos.2 to 4 and had asked accused No.4 to keep a watch on the movements of Girish and accordingly, inform accused Nos.2 and 3. 5. On 03.12.2024 at about 03.30 p.m. accused No.4 had informed accused Nos.2 and 3 that Girish had returned home alone from a tea shop and thereafter had taken accused Nos.2 and 3 in his motorbike near the house of Girish. At about 04.15 p.m., accused Nos.2 and 3 who were armed with weapons allegedly entered the house of Girish and had assaulted him with weapons and after committing his murder, had escaped from the spot in - 5 - HC-KAR NC: 2025:KHC-D:10455 CRL.P No. 103011 of 2025 the motorbike of accused No.4. The entire case of the prosecution is based on circumstantial evidence. Allegation against the petitioner is about conspiracy and providing the weapons to accused Nos.2 and 3 for committing the murder of Girish. So far as accused No.4 is concerned, the allegation against him is that he had conspired along with the other accused to commit the murder of Girish and on 03.12.2024, after giving information to accused Nos.2 and 3 about the whereabouts of Girish, had taken them near the house of Girish and after accused Nos.2 and 3 had committed the murder of the deceased, he allegedly helped them to escape from the spot of crime. Accused No.4 has been granted regular bail by this Court Crl.P.No. 102244/2025 disposed of on 01.07.2025. 6. Undisputedly, petitioner has no other criminal antecedent. Accused Nos.2 and 3 who are the assailants in the present case are arrested and they are in custody. Investigation of the case is completed and charge sheet is filed. Considering the aforesaid aspects of the matter and - 6 - HC-KAR NC: 2025:KHC-D:10455 CRL.P No. 103011 of 2025 more so the fact that accused No.4 has been granted regular bail by this Court, I am of the opinion that, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.23/2025 pending before the IV Additional District and Sessions Judge, Dharwad arising out of Crime No.237/2024 registered by Garag town Police Station, Dharwad, for the offences punishable under Sections 61(1), 49, 329(2), 103(1), 238, 62 R/W 3(5) of BNS, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the - 7 - HC-KAR NC: 2025:KHC-D:10455 CRL.P No. 103011 of 2025 likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE Vmb