- 1 - HC-KAR NC: 2025:KHC-D:15263 CRL.P No. 103927 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 07TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 103927 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SUBHASH S/O HANUMANTAPPA OLEKAR AGE. 40 YEARS, OCC. AGRICULTURE, R/O KOPPARASIKOPPA-581 104 TQ. HANAGAL, DIST. HAVERI. …PETITIONER (BY SRI CHETAN MUNNOLI, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH THE POLICE INSPECTOR, HANAGAL PS, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HIGH COURT GOVERNMENT PLEADER.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.9 ON BAIL IN SC NO.37/2025 (HANAGAL P.S. CRIME NO.289/2024), PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT HAVERI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15263 CRL.P No. 103927 of 2025 118(1), 126(2), 103(1), 133, 74, 352, 351(2), 351(3), 49, 190 OF BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioner, who is arraigned as accused No.9, in Crime No.289/2024 of respondent police, pending before the I Additional District and Sessions Judge, Haveri, in S.C.No.37/2025, registered for the offence punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 126(2), 103(1), 133, 74, 352, 351(2), 351(3), 49, 190 of Bharatiya Nyaya Sanhita, 2023, is before this Court seeking regular bail. 2. The case of the prosecution is that, on 26.12.2024, around about 01.00 p.m. to 02.00 p.m., accused Nos.1 to 9, in furtherance of their common object, formed an unlawful assembly to assault Prakash S/o Laxman Olekar, who is none other than the brother of the first informant, stating that he was having illicit relationship - 3 - HC-KAR NC: 2025:KHC-D:15263 CRL.P No. 103927 of 2025 with Rekha. It is further alleged that, all the accused persons tied the said Prakash to electric pole and set fire and also assaulted with clubs and hands, as a result of which, he died in the hospital. Based on the said complaint, the respondent police registered a case in Crime No.289/2024 for the above said offences. 3. Heard Sri Chetan Munnoli, learned counsel for the petitioner and Sri Praveena Y. Devaraddiyavar, learned High Court Government Pleader for the respondent State and perused the material placed before the Court. 4. The submission of the learned counsel for the petitioner is that, the petitioner is arraigned as accused No.9. The allegations made against him are that, he assaulted with club and hands on the legs and hands of the deceased. The post mortem report would indicate that the deceased died due to inhalation of smoke. Such being the fact, keeping the petitioner in Judicial Custody, would violate the personal right and liberty of the petitioner as - 4 - HC-KAR NC: 2025:KHC-D:15263 CRL.P No. 103927 of 2025 emphasized in Article 21 of the Constitution of India. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions imposed by this Court, in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays for allowing the petition. 5. Per contra, the learned High Court Government Pleader, vehemently submitted that the manner in which they assaulted the deceased would indicate the severity and nature of the offence. The petitioner and others had behaved rudely and inhumanely and tied a person to the electric pole and set fire on him. The said incident had really created havoc in the society. It is a barbaric murder committed by the petitioner and others. Therefore, the petitioner is not entitled for any relief. Making such submissions, learned High Court Government Pleader prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:15263 CRL.P No. 103927 of 2025 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it would indicate that the petitioner is arraigned as accused No.9. The deceased had obtained the land on lease from Rekha, who is none other than the wife of this petitioner. On 26.12.2024, around about 01.00 p.m., when the deceased and his wife were coming after cultivating the land, it is alleged that the said Rekha called him to the house. When he entered the house, the brothers of the petitioner had seen that he entered into the house of the said Rekha. Immediately they visited the spot and brought him out of the house and tied him to the electric pole and assaulted him and set fire and committed his murder. 7. Be that as it may, the overt-act against the petitioner is that he had assaulted with hands and by using wooden club. However, the post mortem report would indicate it otherwise. Considering the overt-act of this - 6 - HC-KAR NC: 2025:KHC-D:15263 CRL.P No. 103927 of 2025 petitioner, it is appropriate to grant him bail by imposing suitable conditions. 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.289/2024 of respondent police, pending before the I Additional District and Sessions Judge, Haveri, in S.C.No.37/2025, on executing his personal bond for a sum of ₹1,00,000/- (One Lakh Rupees) along with one surety, to the satisfaction of the trial Court. iii) The petition shall appear before the trial Court on all hearing dates without fail. iv) The petitioner shall not threaten the prosecution witnesses. v) The petitioner shall not indulge in any similar offence or any criminal offence, till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:15263 CRL.P No. 103927 of 2025 In case, the petitioner violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT:VP LIST NO.: 1 SL NO.: 17