- 1 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103256 OF 2025 C/W CRIMINAL PETITION NO. 103348 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL. P. NO.103256 OF 2025: BETWEEN: MAHESH BABU B. S/O. BHASKAR, AGE. 24 YEARS, OCC. LABOURER, R/O. 16TH WARD, NEAR BANNIMAHANKALAMMA TEMPLE, INDIRA NAGAR, JABBAL CIRCLE, HOSAPETE, DIST. VIJAYANAGARA-583 201. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HOSAPETE RURAL P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. … 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 PETITION AND ENLARGE THE PETITIONER /ACCUSED NO.2 ON REGULAR BAIL CRIME NO.21/2025 REGISTERED BY RURAL P.S. HOSAPETE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61(1), 3(5) OF BNS, PENDING TRAIL OF THE SAID CASE BEFORE IIIRD ADDL. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 DISTRICT AND SESSIONS JUDGE BALLARI SITTING AT HOSAPETE, IN THE INTEREST OF JUSTICE. IN CRL. P. NO.103348 OF 2025: BETWEEN: ARURU ANNAPPA S/O HANUMANTHAPPA, AGE. 24 YEARS, OCC. LABOURER, R/O. 33RD WARD, NEAR JAMBUNATHA KATTE, TALAVAKERI, HOSAPETE, DIST. VIJAYANAGARA-583 201. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HOSAPETE RURAL P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580 001. … 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 PETITION AND ENLARGE THE PETITIONER /ACCUSED NO.1 ON REGULAR BAIL CRIME NO.21/2025 REGISTERED BY RURAL P.S. HOSAPETE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61(1), 3(5) OF BNS, PENDING TRAIL OF THE SAID CASE BEFORE IIIRD ADDL. DISTRICT AND SESSIONS JUDGE BALLARI SITTING AT HOSAPETE, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.21 of 2025 registered by Hospet Rural Police Station, Hospet Sub Division, Vijayanagara for offences punishable under Sections 103(1), 238, 61(1), 3(5) of the BNS, 2023 are before this Court in these two criminal petitions filed under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.21 of 2025 was registered by Hospet Rural Police Station, Hospet Sub Division, Vijayanagara initially for offence punishable under Section 103(1) of the BNS, 2023, against unknown persons based on first information dated 30.01.2025, received from Vani T. wife of the deceased Tharlihalli Ramali. During the course of investigation, accused No.1 was arrested on 30.01.2025 and accused No.2 was arrested on 02.02.2025 and subsequently they were remanded to the judicial custody. After completing the investigation, charge sheet has been - 4 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 filed against them for the aforesaid offences. Their bail application filed before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court in these two petitions. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions submits that the entire case of the prosecution is based on circumstantial evidence. The petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petitions. 5. Per contra, learned HCGP, who has opposed the petitions submits that there are strong circumstances available on record to connect the petitioners to the crime. There is recovery of the weapon used to commit the crime and also the jerkin of accused No.2 which had blood stains on it. The blood stain has matched with the blood group of the deceased. Accordingly, she prays to dismiss the petitions. - 5 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 6. The first informant in the present case is the wife of deceased Tharlihalli Ramali. In the first information dated 30.01.2025, she has stated that her husband was earlier working in a wine shop and subsequently had left his job and had started money lending business. He also was in the habit of playing cards. On 29.01.2025 at about 06.00 p.m. he had gone out in his motorbike and at about 10.00 p.m. she had received a phone call from her husband, who informed her that he will return home after half an hour. At about 01.00 a.m. on 30.01.2025, when she was sleeping inside her house, she heard her husband shouting at somebody. However, she did not get up and come out of her house since she was not well. Thereafter, at about 4:50 a.m. her neighbours informed her that her husband was found lying on the ground near Anjaneya Temple situated at the outskirts of Hospet town. Immediately thereafter, she along with her neighbours went to the said spot and found the dead body of her husband, which had multiple injuries on it. It is under these circumstances, FIR was registered - 6 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 for the offence punishable under Section 103(1) of the BNS, 2023 against unknown persons. During the course of investigation, the petitioners herein were arrested and after completing the investigation, charge sheet has been filed against them for the said offences. 7. As per the charge sheet allegations accused No.1 had borrowed a sum of ₹.10,000/- from the deceased and had not repaid the same, in spite of the deceased making repeated demands. On the intervening night of 29.01.2025 and 30.01.2025 at about 12.30 a.m. the deceased had called accused No.1 over his mobile phone and asked him to come near Anjaneya Temple situated at the outskirts of Hospet Town. Accused No.1 thereafter contacted accused No.2 and since the deceased was continuously harassing accused No.1 for repayment of the amount borrowed, accused No.1 hatched a plan with accused No.2 to commit the murder of the deceased and accordingly asked accused No.2 to bring a weapon. Thereafter accused No.2 came in a motorbike to the house of accused No.1 with a knife and - 7 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 they together went near Anjaneya Temple situated at the outskirts of Hospet Town and after quarrelling with the deceased allegedly committed his murder, by stabbing him with the knife which they brought along with them. 8. The entire case of the prosecution is based on circumstantial evidence. As per the charge sheet allegations, at about 12:30 a.m. on the intervening night of 29.01.2025 and 30.01.2025, the deceased had called accused No.1 and after demanding repayment of money borrowed by him, had informed him that he was near Anjaneya Temple at the outskirts of Hospet Town and had asked him to come there. The incident in question had taken place at the very same place where the deceased had asked accused No.1 to come and repay the money borrowed. However, in the first information, it is stated that at about 01:00 a.m., the first informant had heard her husband and some others quarrelling outside their house. The dead body of the deceased was found near Anjaneya Temple, which is at the outskirts of Hospet Town. Seizure of - 8 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 knife and jerkin is from a open place. Undisputedly the petitioners have no other criminal antecedents and the investigation of the case is already completed and the allegations found in the charge sheet against the accused are required to be proved in a full-fledged trial. 9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petitions are allowed. The petitioners – accused Nos.1 and 2 are directed to be enlarged on bail in Crime No.21 of 2025 registered by Hospet Rural Police Station, Hospet Sub Division, Vijayanagara for offences punishable under Sections 103(1), 238, 61(1), 3(5) of the BNS, 2023, subject to the following conditions: (i) The petitioners – accused Nos.1 and 2 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the like sum to the satisfaction of the jurisdictional Court; - 9 - HC-KAR NC: 2025:KHC-D:11257 CRL.P No. 103256 of 2025 C/W CRL.P No. 103348 of 2025 (ii) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; (iii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioners shall not involve in similar offences in future. (v) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them are disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP CT:BCK LIST NO.: 1 SL NO.: 22