- 1 - HC-KAR NC: 2025:KHC-D:10259 CRL.P No. 102984 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102984 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BHUTALI S/O. AMASIDDA PUJERI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. ITANAL VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591 317. … PETITIONER (BY SRI. K. ANAND KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HARUGERI POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH DHARWAD-580 011. … 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 ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE THE PETITIONER/ACCUSED NO.3, ON BAIL IN CRIME NO.155/2024 REGISTER BEFORE HARUGERI POLICE STATION (AS PER CHARGE SHEET) OFFENCE PUNISHABLE UNDER SECTIONS 103, 238, R/W SECTION 3(5) OF BNS ACT, PENDING BEFORE SC NO.5054/2024 VII ADDL. DISTRICT AND SESSION COURT BELAGAVI SITTING AT CHIKKODI, IN THE INTEREST OF JUSTICE AND EQUITY. 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:10259 CRL.P No. 102984 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 in S.C.No.5054 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi arising out of Crime No.155 of 2024 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103 and 238 read with Section 3(5) of the BNS 2023, is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.155/2024 was registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103 and 238 of BNS 2023 against Sidaray Bhutali Pujeri and two others based on the first information dated 21.08.2024 received from Kareppa Parappa Kallolli. During the course of investigation of the case, petitioner hereinafter who was arrayed as accused No.3 in the FIR, was arrested on 25.08.2024 and - 3 - HC-KAR NC: 2025:KHC-D:10259 CRL.P No. 102984 of 2025 remanded to judicial custody. After completing investigation, charge sheet is filed against three persons. Petitioner is arrayed as accused No.3 in the charge sheet and his father and brother are arrayed as accused Nos.1 and 2 respectively. His bail application filed before the Jurisdictional Sessions Court was rejected on 26.06.2025 and therefore, he is before this Court. 4. Perusal of the material on record would go to show that the deceased Kumar Yallappa Khilare is the son- in-law of accused No.1 and brother-in-law of accused Nos.2 and 3. Dead body of Kumar Yallapa Khilare was found on the banks of Ghataprabha Canal on 11.08.2024 and based on the first information submitted by Kareppa Parappa Kallolli, who had found the dead body, initially FIR was registered against unknown persons in Crime No.91 of 2024 by Terdal Police Station, Belagavi District for offences punishable under Sections 103, 238 of BNS 2023. During the course of investigation, the identity of the deceased was established and thereafter accused No.1 in - 4 - HC-KAR NC: 2025:KHC-D:10259 CRL.P No. 102984 of 2025 the present case was arrested and allegedly he confessed to the crime and it is under these circumstances, FIR in Crime No.155/2024 was registered by Harugeri Police Station, Belagavi, after FIR in Crime No.91/2024 was transferred to the said police station on the ground of jurisdiction. 5. In the first information as well as in the charge sheet, it is alleged that deceased was insisting for a share in the property of the accused and therefore on 10.08.2024 at about 16.30 hours accused persons had assaulted him with an axe and committed his murder. Subsequently, they had thrown his dead body in Ghataprabha Canal and had returned home. Entire case of prosecution is based on circumstances evidence. CW27- Bhagyashree, is the wife of the deceased. Her statement under Section 164 of Cr.P.C. was recorded on 24.09.2024 and in the said statement she has stated that on 10.08.2024 she had seen accused persons quarrelling with her husband and assaulted him. FIR in the present case - 5 - HC-KAR NC: 2025:KHC-D:10259 CRL.P No. 102984 of 2025 was registered against the petitioners on 21.08.2021. Statement of CW27 and other material charge sheet witnesses have been all recorded after a period of 1 month from the date of registration of the FIR. Undisputedly, the petitioner has no criminal antecedent. He is in custody for the last nearly 1 year. Under the circumstances, I am of the opinion that the prayer made for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5054 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi arising out of Crime No.155 of 2024 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103 and 238 read with Section - 6 - HC-KAR NC: 2025:KHC-D:10259 CRL.P No. 102984 of 2025 3(5) of the BNS 2023, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. 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; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK / CT:BCK LIST NO.: 1 SL NO.: 25