- 1 - HC-KAR NC: 2025:KHC-D:13932 CRL.P No. 104033 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104033 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. MALLAYYA S/O. VENKATESH, AGE. 45 YEARS, OCC. FARMER, 2. SURESH S/O. MALLAYYA, AGE. 21 YEARS, OCC. STUDENT, R/O. BOTH ARE RESIDENT OF 3RD WARD, RARAVI VILLAGE, SIRUGUPPA TQ., BALLARI-583121. …PETITIONERS (BY SRI B.ANWAR BASHA, ADVOCATE.) AND: THE STATE OF KARNATAKA, (THROUGH SIRUGUPPA P.S. BALLARI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. …RESPONDENT (BY SRI PRAVEEN Y.DEVAREDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 AND 2 ON BAIL IN S.C.NO.29/2025 IN CONNECTION WITH CRIME NO.23/2025 REGISTERED IN SIRGUPPA POLICE STATION, BALLARI, FOR THE OFFENCES Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13932 CRL.P No. 104033 of 2025 UNDER SECTIONS 103(1), 238(A), 3(5) OF BHARATIYA NYAYA SANHITA, 2023, PENDING TRAIL OF THE CASE BEFORE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BALLARI, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners are before this Court, who are arraigned as accused Nos.1 and 2, seeking regular bail in Crime No.23/2025 of Siraguppa Police Station, Ballari, pending on the file of Principal District and Sessions Judge, Ballari. 2. The case of the prosecution is that, CW.2 was loving the deceased. Both were loving each other. In spite of repeated advice given to them, they did not separate each other. Accused No.1 being the brother of CW.2 had seen when she was sending message to the deceased. Immediately, he advised her not to repeat it again. However, CW.2 resisted the same and informed him that she would marry the deceased Manjunathgouda after obtaining permission from her parents. When she informed - 3 - HC-KAR NC: 2025:KHC-D:13932 CRL.P No. 104033 of 2025 the said facts to the parents, accused No.2 being the father of the victim did not accept the said proposal. In fact, they instructed CW.2 to call deceased Manjunathgouda to come near tamarind tree on the pretext of advising him properly. Accordingly, she called the deceased Manjunathgouda to come near tamarind tree. He came to the spot immediately. Accused No.1 surrounded the neck of the deceased Manjunathgouda with his towel, accused No.2 assaulted with a shovel on the face of the deceased Manjunathgouda and committed his murder. Thereafter, they took the dead body and buried in the river bank. The body was found to the public on 07.01.2025. The brother of the deceased had lodged a complaint and it was registered as UDR. Subsequently, during investigation, the names of these petitioners have been inserted in the FIR. The investigation is completed and charge sheet has been submitted. Therefore they are seeking regular bail before this Court. 3. Heard Sri B.Anwar Basha, learned counsel for the petitioners and Sri Praveen Devaraddi, learned HCGP for the - 4 - HC-KAR NC: 2025:KHC-D:13932 CRL.P No. 104033 of 2025 respondent State and perused the material placed before the Court. 4. It is the contention of the learned counsel for the petitioners that, the petitioners are innocent of the alleged offences. The entire case is based on circumstantial evidence. They have been implicated in the false case. It is further submitted that the petitioners are the only earning members of the same family. Both are in judicial custody. Greater hardship has been caused to the family members. Nothing has been recovered at their instance. Such being the fact, keeping them in Judicial Custody, even after completing the investigation, any purpose would not be served. Hence, it is appropriate to grant bail to the petitioners by imposing suitable conditions. Making such submissions, learned counsel for the petitioners prays to allow the petition. 5. Per contra, learned HCGP vehemently submitted that CW.2 was loving the deceased Manjunathgouda. Both were intending to marry each other. However, accused - 5 - HC-KAR NC: 2025:KHC-D:13932 CRL.P No. 104033 of 2025 Nos.1 and 2 on the pretext of giving advice to the deceased Manjunathgouda, called him and committed his murder. The intention and motive has been established by the prosecution, therefore, it is not appropriate to grant bail. Making such submission, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the entire case is based on circumstantial evidence. The petitioners have been implicated after lapse of one and half months. In fact, initially, case was registered as UDR. Subsequently, these petitioners have been implicated. Since the entire case is based on circumstantial evidence, personal liberty guaranteed under Article 21 of the Constitution of India assumes greater importance. Therefore, in my considered opinion, without averting to the merit of the case, the relief as prayed for in the petition may be granted. 7. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:13932 CRL.P No. 104033 of 2025 ORDER i) The petition is allowed. ii) The petitioners are ordered to be enlarged on bail in Crime No.23/2025 of Siraguppa Police Station, Ballari, pending on the file of Principal District and Sessions Judge, Ballari, on executing their personal bond for a sum of ₹1,00,000 (One Lakh Rupees) each with one surety for the like sum, to the satisfaction of the trial Court. iii) The petitioners shall appear before the Court on all hearing dates without trial. iv) The petitioners shall not threaten the prosecution witnesses. v) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission. vi) The petitioners shall not commit similar or any other criminal offences till disposal of the case. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 53