- 1 - HC-KAR NC: 2025:KHC-D:18163 CRL.P No. 104847 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104847 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: GANESH S/O. KRISHNAPPA MADAR, AGE. 21 YEARS, OCC. COOLIE WORK, R/O. SOKANADAGI, TAL. AND DIST. BAGALKOT- 58702. …PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD THROUGH RAIBAG POLICE STATION, BELAGAVI-580002. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.7 IN SC NO.5041/2024 (RAIBAG P.S. CR.NO.335/2023) PENDING ON THE FILE OF THE VII ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI FOR OFFENCES UNDER SECTIONS 143, 147, 148, 120B, 364, 302, 201, R/W SECTION 149 OF IPC AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18163 CRL.P No. 104847 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.35/2023 of respondent/Police for the offence under Sections 143, 147, 148, 120(b), 364, 302 and 201 r/w. Section 149 of Indian Penal Code, 18601. 2. Brief facts of the case; It is the case of the prosecution that the complainant has one daughter namely Mahadevi. She was given in marriage with Sangappa. During her lifetime, her husband died. Therefore, she came back to her parents’ house and staying with them. After coming back to her parents’ house, she filed a case against the brothers of her husband for 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:18163 CRL.P No. 104847 of 2025 partition of the property of which her husband entitled to have share. 3. It is stated in the complaint that the accused No.1 said to have entered into an agreement of sale in respect of the property of which the husband of Mahadevi had a share. It is further stated that there are number of civil disputes between Mahadevi and family of her husband. All the cases have been maintained by the deceased Kallappa. The said Kallappa had stood as a rock to her sister and also supporting her by filing the number of cases against her family members. 4. It is further averred in the complaint that the accused No.1 being agreement holder of the property of which the deceased husband of Mahadevi had share, conspired with other co-sharers of the properties and killed the deceased and threw the said dead body on the road side to show as if he died due to accident. - 4 - HC-KAR NC: 2025:KHC-D:18163 CRL.P No. 104847 of 2025 5. After receiving the said information, the complainant went to the spot and found that his son was lying on the roadside. After seeing the dead body and suspecting the foul play of the petitioner and other accused, the complainant lodged a complaint. The jurisdictional police have registered a case in Crime No.335/2023 for the aforesaid offences. During investigation, the petitioner is involved in the present case and thereafter respondent/Police have submitted the charge-sheet. 6. Heard Sri.Vitthal S.Teli, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent/State. 7. The submission of the learned counsel for the petitioner is that, the petitioner is arrayed as accused No.7. This is a successive bail petition. Earlier bail petition was withdrawn with a liberty to file fresh petition. 8. It is further submitted that, the present petitioner is arrayed as accused No.7. It is alleged in the - 5 - HC-KAR NC: 2025:KHC-D:18163 CRL.P No. 104847 of 2025 charge-sheet that, the petitioner and others have committed the murder of the deceased. Though, the specific overt-act alleged against the petitioner indicates that, he has committed the murder of the deceased by using the T-shirt of the deceased. However, the entire case is based on the circumstantial evidence. Hence, the learned counsel for the petitioner prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, the overt-act of the petitioner has been explained properly in the charge-sheet. It is established that, the petitioner has committed the murder of the deceased. Therefore, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to reject the petition. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and the charge-sheet, it appears that the entire case is based on the circumstantial evidence. However, the - 6 - HC-KAR NC: 2025:KHC-D:18163 CRL.P No. 104847 of 2025 overt-act of the present petitioner has been mentioned as per the statement of co-accused. 11. Considering the facts and circumstances of the case, it is appropriate to grant bail. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.335/2023 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2025:KHC-D:18163 CRL.P No. 104847 of 2025 (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 12