- 1 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103151 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI. SHRISHAIL ALAGOUDA @ ALAGONDA CHOWGALA, AGED ABOUT 39 YEARS, OCC. AGRICULTURE, R/O. SULTANPUR, DIST. BELAGAVI. … PETITIONER (BY SRI. ASHOK R. KALYANSHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA (HARUGERI P.S.), BY IT’S STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT PREMISES, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE HIM ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN HARUGERI PS CR. NO.112/2024 S.C.5049/2024 ON THE FILE OF VII ADDITIONAL SESSIONS JUDGE BELAGAVI SITTING AT CHIKKODI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 120B, 364, 302, 201 R/W 149 IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No.5049 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.112 of 2024 registered by Harugeri Police Station, Belagavi for offences punishable under Sections 143, 147, 148, 120B, 364, 302, 201 of IPC, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking a regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.112 of 2024 was registered by Harugeri Police Station, Belagavi initially for offences punishable under Sections 364, 302, 201 read with Section 34 of IPC against petitioner and others based on the first information dated 12.06.2024 received from Smt. Bharati Irappa Chougla wife of deceased Irappa Algond Chougla. During the course of investigation, petitioner herein was arrested on 13.04.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against seven persons and petitioner herein is arrayed as accused No.1 in the charge - 3 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 sheet. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Criminal Petition No.101869 of 2025, which was dismissed as withdrawn on 11.06.2025 with liberty to the petitioner to file a fresh bail application before the Sessions Court since the other accused were granted bail. Thereafter, petitioner had filed a fresh bail application before the Jurisdictional Sessions Court in Criminal Miscellaneous No.5306 of 2025, which was rejected on 25.07.2025. Therefore, he is before this Court. 4. Material on record would go to show that the first informant in the present case is the wife of deceased Irappa Algond Chougla. Father of Irappa Algond Chougla had filed a missing complaint before the Harugeri Police Station, Belagavi on 04.06.2024 alleging that his son Irappa Algond Chougla was missing from their house from at about 10:00 p.m. on 04.06.2024 onwards. Based on the missing complaint, FIR was registered in Crime No.106 of 2024 by Harugeri Police Station, Belagavi on 06.06.2024. It appears that UDR No.17 of 2024 was registered by Bilagi Police Station on 07.06.2024 after the dead body of an unknown person was found within the jurisdiction of - 4 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 Bilagi Police Station. In the report of the UDR case, it is mentioned that the dead body of an unknown male was found lying under a bridge from 03.06.2024 till 06.06.2024. 5. It appears that during the course of investigation of the missing complainant in Crime No.106 of 2024 registered by Harugeri Police Station, Belagavi, petitioner herein was summoned and based on his confession statement, FIR in Crime No.112 of 2024 was subsequently registered by Harugeri Police Station, Belagavi against him and others, after first information from his wife, Smt. Bharati was received by the Police. In the present case, petitioner was arrested on 13.06.2024 and was subsequently remanded to judicial custody. After completing investigation, charge sheet is filed against seven persons. 6. In the charge sheet, it is alleged that petitioner had an ill-will against his brother deceased Irappa Algond Chougla for the reason that his brother had opposed sale of a family property. On the other hand, he approached the Jurisdictional Civil Court and filed a case. It is in this background, accused No.1 had contacted accused No.2 and had conspired to commit murder of his brother Irappa Algond Chougla. In the charge - 5 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 sheet, it is alleged that accused No.1 had agreed to pay a sum of Rs.14,00,000/- to accused Nos.2 to 7 for the purpose of committing the murder of his brother Irappa Algond Chougla and in furtherance of such a conspiracy, on 04.06.2024 at about 21:30 hours, accused Nos.1 to 7 kidnapped Irappa Algond Chougla in an Innova car with the assistance of two other juvenile accused. Subsequently, they stopped the Innova car at Sulthanpura Village and when accused Nos.5 and 6 held the legs of deceased, the juvenile accused allegedly caught hold of the hands of the deceased. Accused Nos.1 and 3 allegedly had kicked the testicles of the deceased and accused No.2 allegedly closed the mouth and nose of the deceased and thereafter, accused Nos.3 and 4 allegedly strangulated the neck of the deceased with the help of a kerchief and committed his murder. As per the postmortem report, death was due to shock secondary to testicle injuries. The dead body of the deceased was in a highly decomposed status. 7. Allegation of kicking the testicles of the deceased is found against accused Nos.1 and 3. Accused No.3 thereafter along with accused No.4 had strangulated the neck of the - 6 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 deceased with a kerchief and committed his murder. Accused Nos.3 to 5 have been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.100288 of 2025, disposed of on 24.02.2025. Accused No.2 has been granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.101872 of 2025, disposed of on 11.06.2025. Accused Nos.6 and 7 are also said to have been released on bail in the present case. So far as the petitioner is concerned, he is in custody in the present case for the last more than 14 months. Allegation against petitioner and accused No.3 is that they had kicked the testicles of deceased and had committed his murder. Accused No.3 has been granted regular bail in Criminal Petition No.100288 of 2025 on 24.02.2025. Undisputedly, petitioner has no criminal antecedent. Entire case of the prosecution is based on circumstantial evidence. The trial in the case is yet to commence. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 Petitioner is directed to be enlarged on bail in S.C. No.5049 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.112 of 2024 registered by Harugeri Police Station, Belagavi for offences punishable under Sections 143, 147, 148, 120B, 364, 302, 201 of IPC, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. - 8 - HC-KAR NC: 2025:KHC-D:10858 CRL.P No. 103151 of 2025 v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 34