- 1 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102205 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI ANAND S/O. DASHARATH YADAV, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. GOVINDAPUR GALLI, MUDHOL-583236, TQ. MUDHOL DIST. BAGALKOT. …PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH LOKAPUR P. S), BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA T. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION, GRANT REGULAR BAIL TO THE PETITIONER/ ACCUSED IN CONNECTION WITH CRIME NO.43/2024 OF LOKAPUR POLICE STATION CHARGE SHEETED FOR THE OFFENCE U/S.341, 302 AND 506 OF IPC PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE BAGALKOTE, TO SIT AT JAMKHANDI IN S.C. NO.5001/2025 ON THE PENDING TRIAL OF THE CASE, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.J.Basavaraj, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent-State. 2. Petitioner/accused has filed this petition under Section 482 of the Bharatiya Nagarika Surksha Sanhita, 2023 (for short, ‘the BNSS’) for grant of anticipatory bail in connection with S.C.No.5001/2025 on the file of the learned I Additional District and Sessions Judge, Bagalkote, (sitting at Jamkhandi), arising out of Crime No.43/2025 of Lokapaur Police Station, for the offences punishable under Sections 341, 302 and 506 of the Indian Penal code (for short, ‘the IPC’). - 3 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 3. The brief facts of the prosecution case are as under: The petitioner-Anand S/o Dasharath Yadav and the deceased-Uttam S/o Dasharath Yadav, are brothers. There was a dispute between them. Hence, several criminal complaints were lodged by accused as well as the deceased, in Crime Nos.40/2019, 41/2019 and 191/2022 and criminal cases were pending. Civil cases are also pending between both the parties in O.S.Nos.87/2019, 79/2020, 34/2023 and 27/2024. When matters stood thus, on 01.04.2025 in between 5.15 to 5.25 p.m., when the deceased-Uttam S/o Dasharath Yadav, had been to his land bearing survey No.230/2 of Jaliberi village, on his motorcycle bearing No.KA-48/K-1438, to bring the fodder to the cattle, at that time, in the background of litigation/rivalry between himself and the deceased, the accused wrongfully restrained the motorcycle of the deceased and took quarrel with him in respect of damage - 4 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 of motor pump set, assaulted him with axe on his persons, caused severe injuries and committed the murder of the deceased. Hence, the first informant lodged a complaint. This led to registration of the FIR and investigation. 4. During the course of investigation, the petitioner was arrested and remanded to the juridical custody. 5. Learned counsel for the petitioner contended that the petitioner is innocent and he has not committed any offences and he has been falsely implicated in the case. As several criminal and civil cases are pending against the petitioner and deceased, the wife of deceased falsely implicated the petitioner, in order to grab the entire property of the petitioner. There are no eye witnesses to the incident and entire case is based on the circumstantial evidences. Now, investigation is completed and Investigating Officer has filed charge sheet. The petitioner - 5 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 is ready to abide by any conditions to be imposed by this Court Hence, he prayed for grant of bail. 6. Learned High Court Government Pleader contended that the petitioner is involved in the heinous offence punishable under Section 302 of the IPC. There is prima facie allegation against him. The petitioner committed murder of his own brother, in order to grab the property of the deceased. There is motive behind in commission of murder and there are many civil and criminal cases pending between them. During the course of investigation, the investigating officer has recovered blood-stained clothes of the accused, a blood-stained axe, a motorcycle and a mobile at the instance of accused. As per the Forensic Science Laboratory (FSL ) report, the axe and the clothes of accused were found to be blood-stained. Further, soon after the incident, the accused narrated the incident to his wife Smt.Laxmi, his relative-Kedari and friend Muddesh Gayakawad. Hence, there is a prima facie - 6 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 case against the petitioner/accused and his involvement in the case, and prayed for rejection of the petition. 7. Perused the material available on record. 8. Perusal of the charge sheet material it reveals that the case rests on circumstantial evidence. The motive behind in commission of murder is that, there were litigation between the deceased and the petitioner in respect of land bearing survey No.230/2, measuring 9 acres 14 guntas and Survey No.227, measuring 05 acres 01 guntas situated at Jaliberi village. There were dispute between the deceased and the accused. 9. The second circumstance to connect the accused, is recovery of blood stained clothes and Axe. During the course of the investigation, the investigating officer recorded voluntary statement of accused and pursuant to voluntary statement, the investigating officer recovered blood-stained cloth, axe, motorcycle and - 7 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 mobile, which were allegedly used for commission of the offence. Seized clothes and axe were sent to FSL and the FSL report reveals that his clothes and axe were blood- stained and as per the report, the blood is ‘A’ group and admittedly, the blood group of the deceased is also ‘A’ Group. 10. The third circumstance is cause of death, as per the post mortem examination, the deceased sustained following injuries: “External Wounds. 1. Multiple overlapping chop wounds present over front of lower part, of Neck in midline over an area of measuring 16CMX13CMX15CM. Edges are clean cut. All the measure structure, Thyroic Cartilage, Cricoid cartilage, Trachea, Deep cervical facsia Esophageal muscle, Nerves, Great blood ressels of Neck are torned, distorted with blood clots present. Cervical rertebral of (C4, C5, C6are fractured (Body) and displaced. - 8 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 2. vertically placed superficial chop wounds over 05.CM to right of (1) wound measuring 7CMX3CM, muscles are cut deep blood clots are present. 3. Obliquely placed two glacing chop wounds over right side outer aspects of Neck from the middle of righ Ear Pinna which is clean cut extending to middle of right supra clavicular fossa measuring 20CMX6CMX05.CM. Sterno cleidomastroid muscle, blood vessels, nerves are clean cut with blood clots present. 4. Vertically places superficial chop would under inner 1/3rd of right clavicle bone measuring 7CMX2CM deep blood clots present. 14(a) All the wounds are ante-mortem in nature and are fresh. “ 11. As per the opinion of the doctor, the cause of death was due to “hemorrhagic shock”, as a result of multiple injuries sustained over the neck. Further, per the call details record, soon after the incident, accused interacted with CW.11-Laxmi and C.W.13-Muddesh, and informed about the murder. These factual aspects reveal - 9 - HC-KAR NC: 2025:KHC-D:8301 CRL.P No. 102205 of 2025 that there is a prima facie case against the petitioner and his involvement in the alleged crime. 12. At this juncture, considering the nature and gravity of the offence, the position of the accused with reference to the victim, it is just and necessary to reject the bail petition. Accordingly, I proceed to pass the following: ORDER The criminal petition is rejected. Note:-The above observations are made only for the purpose of disposal of this case. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 31