- 1 - HC-KAR NC: 2025:KHC-D:10167 CRL.P No. 102955 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102955 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHRI. DEVAPPA S/O. RAVI KUKADOLLI, AGE. 26 YEARS, OCC. GOUNDI, R/O. LAXMI GALLI, SULEBHAVI VILLAGE, TAL. AND DIST. BELAGAVI-591 103. 2. SHRI. SANTOSH S/O. YALLAPPA HANABARATTI, AGE. 22 YEARS, OCC. DRIVER, R/O. BASAVAN GALLI, KHANGAON VILLAGE, TAL. AND DIST. BELAGAVI-591 103. 3. SHRI. MANJUNATH S/O. SHIVAJI PAROJI, AGE. 22 YEARS, OCC. PVT. WORK, R/O. KALMESHVAR NAGAR, SULEBHAVI VILLAGE, TAL. AND DIST. BELAGAVI-591 103. … PETITIONERS (BY SRI. KAROSHI PRAVEEN ANAND, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HCGP, DHARWAD BENCH, THROUGH MARIHAL P.S., DIST. BELAGAVI-591 103. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.P.C. (U/S 483 OF BNSS), PRAYS THAT THE BENEFIT PROVIDED UNDER SECTION 483 OF BNSS (UNDER SECTION 439 OF CR.P.C.) MAY BE GIVEN. THESE PETITIONERS NO.1, 2 AND 3/ACCUSED NOS.3, 4 AND 5 MAY BE ORDERED TOBE RELEASED ON BAIL IN MARIHAL P.S. CRIME NO.138/2022 UNDER SECTIONS 143, 147, 148, 120(B), 302, R/W 149 OF IPC AND THE TRAIL WAS PENDING BEFORE THE IX ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI AT BELAGAVI IN S.C. NO.46/2023, 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: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10167 CRL.P No. 102955 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.3 to 5 in S.C. No.46/2023 pending before the Court of IX Additional District and Sessions Judge, Belagavi arising out of Crime No.138/2023, registered by Marihal Police Station, Belagavi for offences punishable under Secti143, 147, 148, 120B, 302 read with Section 149 of IPC, are before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.138/2022 was registered by Marihal Police Station, Belagavi initially for offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC against Shashikanth and others based on the first information dated 07.10.2024, received from Vinod Patil. During the course of investigation, petitioners herein were arrested on 08.10.2022 and subsequently remanded to judicial custody. After completing - 3 - HC-KAR NC: 2025:KHC-D:10167 CRL.P No. 102955 of 2025 investigation, charge sheet has been filed against six persons and petitioners are arrayed as accused Nos.3 to 5 in the charge sheet. Their bail application filed before the Trial Court was rejected and thereafter, accused No.3 had approached this Court in Criminal Petition No.101753/2024 along with accused Nos.1 and 2, which was rejected on 05.09.2024. Accused No.4 had approached this Court in Criminal Petition No.102099/2023, which was dismissed on 05.10.2023. It is under the circumstances, petitioners are before this Court in this successive bail application. 4. Learned counsel for the petitioners submits that allegation against accused No.1 and the petitioners are similar in the charge sheet. Accused Nos.1 and 3 had earlier approached this Court in Criminal Petition No.101753/2024, which was dismissed on 05.09.2024. Accused No.1 has been now granted regular bail by this Court in Criminal Petition No.102814/2025 and accused No.6 has been granted regular bail by this Court in - 4 - HC-KAR NC: 2025:KHC-D:10167 CRL.P No. 102955 of 2025 Criminal Petition No.102068/2025. Petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Material on record would go to show that the allegation of assault on the deceased in the alleged incident that had taken place on 06.10.2022 is found in the charge sheet as against accused Nos.1 to 6. In the charge sheet, the prosecution has cited 39 charge sheet witnesses. It is not in dispute that all the material charge sheet witnesses have been already examined in the present case before the Trial Court. According to the learned counsel for the petitioners, the material charge sheet witnesses including the alleged eyewitnesses have turned hostile to the case of the prosecution. Said submission is not seriously disputed by learned HCGP. - 5 - HC-KAR NC: 2025:KHC-D:10167 CRL.P No. 102955 of 2025 7. It is under these circumstances, accused No.1 was granted regular bail in Criminal Petition No.102814/2025 and accused No.6 was granted regular bail in Criminal Petition No.102068/2025. Undisputedly, petitioners have no criminal antecedents and they are in custody for the last more than two years nine months. Under the circumstances, I am of the opinion that prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER i. The petitioners – accused shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; 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; - 6 - HC-KAR NC: 2025:KHC-D:10167 CRL.P No. 102955 of 2025 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 is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 20