- 1 - HC-KAR NC: 2025:KHC-D:13032 CRL.P No. 103694 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103694 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SRI. LAXMAN S/O. UMALYA NAYAK, AGE. 66 YEARS, OCC. AGRICULTURE, R/O. HURALIKUPPI, TQ. SAVANUR, DIST. HAVERI-581 110. 2. YALLAVVA W/O. LAXMAN NAYAK, AGE. 60 YEARS, OCC. HOUSEHOLD, R/O. HURALIKUPPI, TQ. SAVANUR, DIST. HAVERI-581 110. … PETITIONERS (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SAVANUR POLICE, R/BY SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580 011. … 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 GRANT REGULAR BAIL TO ACCUSED NO.1 AND 2 IN SC NO.52/2025 ARISING OUT OF CRIME NO.55/2025 OF SAVANUR P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238(B) OF BNS 2023, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13032 CRL.P No. 103694 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in SC No.52/2025 pending before the Court of Principal District and Sessions Judge, Haveri, arising out of Crime No.55/2025 registered by Savannor Police Station, Haveri, for the offences punishable under Sections 103(1) and 238(b) of BNS 2023, are before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.55/2025 was registered by Savanoor Police Station, Haveri, against unknown persons based on first information dated 07.03.2025 received from petitioner No.1 herein. In the first information, it is stated that petitioners along with their children were earlier residing in Goa and from the last five years, they are residing in Huralikuppi Village in Savanoor Taluk which is the native place of petitioner No.2. When the petitioners were residing in Goa, they got acquainted to deceased Shantamma, who had no relatives and therefore, they - 3 - HC-KAR NC: 2025:KHC-D:13032 CRL.P No. 103694 of 2025 had brought Shantamma along with them when they returned to their village in Savanoor Taluk and she was staying in their house at Huralikuppi Village. It is stated in the first information that Shantamma was in the habit of consuming alcohol regularly, which was opposed by the petitioners. On 05.03.2025 at about 10.00 a.m. Shantamma had gone out of the house but had not returned home. Efforts made to trace her had failed. On 07.03.2025, somebody informed petitioner No.1 that the dead body of a lady was floating in a lake near Mavura village and therefore, petitioner No.1 went near the said lake and after identifying the dead body of Shanthamma, he had approached the police and submitted the first information based on which a FIR was initially registered against unknown persons. During the course of investigation, petitioners herein who are husband and wife were arrested on 13.03.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Bail application filed by them before the Trial Court in SC No.52/2025 was rejected on 31.07.2025. Therefore, they are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:13032 CRL.P No. 103694 of 2025 4. In the charge sheet, it is alleged that petitioners had returned to their village from Goa along with their children and the aforesaid Shantamma about five years prior to the alleged date of offence. Shantamma was in the habit of consuming alcohol regularly and she was quarrelling with the petitioners if they did not give her money to consume alcohol. She also was in the habit of taking valuable articles from the house and by selling the same, she used to consume alcohol. Therefore, petitioners decided to eliminate her and on 05.03.2025 at about 04.00 p.m., they had taken Shantamma, who had consumed alcohol, in a motorcycle and near a lake, after quarrelling with her had assaulted her with stones and strangulated her neck with saree and had committed her murder. Thereafter, the dead body was disposed of into the lake after tying a stone to the saree which the deceased was wearing. 5. The entire case of the prosecution is based on circumstantial evidence. Except the last scene theory, there is no other strong material to connect the petitioners to the alleged crime. Petitioners, who are husband and wife are aged about 66 years and 60 years respectively. They are in custody for the last - 5 - HC-KAR NC: 2025:KHC-D:13032 CRL.P No. 103694 of 2025 more than seven months. Trial in the case is yet to commence. Under the circumstances, I am of the opinion that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioners needs to be answered affirmatively:- 6. The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.52/2025 pending before the Court of Principal District and Sessions Judge, Haveri, arising out of Crime No.55/2025 registered by Savannor Police Station, Haveri for the offences punishable under Sections 103(1) and 238(b) of BNS 2023, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC-D:13032 CRL.P No. 103694 of 2025 d) The petitioners shall not involve in similar offences in future; e) 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 DN CT:BCK LIST NO.: 1 SL NO.: 31