- 1 - HC-KAR NC: 2025:KHC-D:9980 CRL.P No. 102587 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102587 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: RAMESH S/O. LAGAMAPPA MALAGI, AGE: 23 YEARS, OCC: AGRICULTURE, R/O. HATTIALUR, TQ. HUKKERI, DIST: BELAGAVI. …PETITIONER (BY SRI. M.J.PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH POLICE SUB INSPECTOR, YAMAKANMARDI POLICE STATION, DIST: BELGAVI R/BY S.P.P. KARNATAKA HIGH COURT BENCH DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO THAT THE PETITIONER/ACCUSED NO.1 MAY KINDLY BE ORDERED TO BE ENLARGED ON REGULAR BAIL, IN YAMKANMARDI P.S.CR.NO.11/2025 OF THE OFFENCES PUNISHABLE U/SEC. 120(B), 302, 201, R/W SEC.35 OF THE INDIAN PENAL CODE PENDING BEFORE THE VIITH ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT CHIKKODI IN S.C.NO. 5060/2025. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9980 CRL.P No. 102587 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.5060 of 2025 pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi arising out of Crime No.11/2025 registered by Yamakanmardi Police Station, Belagavi district for the offences punishable under Sections 120B, 302, 201 read with Section 34 of Indian Penal Code, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.11/2025 was registered by Yamakanmardi Police Station, Belagavi district for the aforesaid offences against the petitioner and two others based on the first information dated 13.01.2025 received from Smt.Laxmi Shivanagouda Kuri, who is the sister of deceased Vittal Lagamappa Malagi. During the course of - 3 - HC-KAR NC: 2025:KHC-D:9980 CRL.P No. 102587 of 2025 investigation, petitioner was arrested on 14.01.2025. After completing investigation, charge sheet has been filed against three persons. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.5189 of 2025 was rejected on 28.05.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the first informant, who is the sister of the deceased and the petitioner, had approached the police on 13.01.2025 and based on her first information, FIR has been registered against three persons. In the first information, she has stated that her brother Vittal Lagamappa Malagi was addicted to alcohol and about 2 years prior to the date of registration of FIR, she was informed that her brother Vittal had met with an accident and had died. Subsequently, the dead body of Vittal was cremated. 5. On 13.01.2025 when she came to her parents’ house, she came to know that the accused named in the - 4 - HC-KAR NC: 2025:KHC-D:9980 CRL.P No. 102587 of 2025 FIR were arrested in another murder case and had confessed to have committed the murder of Vittal in the month of March 2023 and it is under these circumstances FIR was registered against the petitioner and two others. After completing investigation, charge sheet has been filed against the accused Nos.1 to 3 for the aforesaid offences and all the accused, who were arrested, are in custody. According to the prosecution, the murder was committed in the month of March 2023. The body of the deceased Vittal was thereafter cremated by his relatives. It is only based on the confession statement of the accused, which is recorded in the month of January 2025, FIR has been registered against the petitioner and others. 6. Entire case of the prosecution is based on circumstantial evidence. Investigation is already completed and the charge sheet allegations are required to be proved in a full pledged trial against the accused persons. At this stage, except the confession statement of the accused, there is no other concrete material available - 5 - HC-KAR NC: 2025:KHC-D:9980 CRL.P No. 102587 of 2025 on record to connect them to the crime. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs 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.5060 of 2025 pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi arising out of Crime No.11/2025 registered by Yamakanmardi Police Station, Belagavi district for the offences punishable under Sections 120B, 302, 201 read with Section 34 of Indian Penal Code, 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 likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC-D:9980 CRL.P No. 102587 of 2025 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; e. 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:ANB List No.: 1 Sl No.: 23