- 1 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104572 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHRI. SHIVARAJ S/O. VEERESH JALAVADAGI, AGE: 26 YEARS, OCC: BUSINESS, R/O. ASHWINI NAGAR, 1ST CROSS, HAVERI, TQ: AND DIST: HAVERI-581110. 2. SHRI. BASAVARAJ S/O. BAILAPPA OMKARANNANAVAR, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. NAGANUR, TQ: AND DIST: HAVERI-581202. 3. VEERESH S/O. PARAMESHAPPA PUJAR, AGE: 38 YEARS, OCC: AGRICULTURE AND DRIVER, R/O. HIRELINGADAHALLI, TQ: AND DIST: HAVERI-581 110. 4. SHRI. VIJAY S/O. PUTTAPPA MUCHIKOPPANAVAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. ASHWINI NAGAR, 1ST CROSS, HAVERI, TQ: AND DIST: HAVERI-581 110. …PETITIONERS (BY SRI VIDYASHANKAR G.DALWAI, ADVOCATE.) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 AND: STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH HANAGAL POLICE STATION, HANAGAL CIRCLE, HAVERI-581104. …RESPONDENT (BY SRI PRAVEENA Y.DEVARADDIYAVARA, HIGH COURT GOVERNMENT PLEADER.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO, ALLOW THE PETITION FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 AND ENLARGE THE PETITIONERS (ACCUSED NO.1 TO 4) ON REGULAR BAIL IN C.C.NO.1044/2025 (HANGAL P.S. CRIME NO.126/2025), PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, HANGAL, DIST. HAVERI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 61(2), 103(1), 238 READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023 AND ETC.,. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners are arraigned as accused Nos.1 to 4, in Crime No.126/2025 of respondent police, seeking for regular bail for the offences punishable under Sections 137(2), 61(2), 103(1), 238 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. Factual matrix of the Case: 2. The case of the prosecution is that, on 25.07.2025, between 01.00 p.m. to 06.00 p.m., the complainant Prakash Udagani lodged a complaint stating that, his son was found missing from his house. On 01.08.2025, at about 12.00 noon, he had received an information that an unidentified body was found floating in the river Varada. He went there along with his friends and found that it was his son. Thereafter, he lodged a complaint stating that, one Shivraj who is accused No.1 married Ashwini Angadi. Accused No.1 was suspecting the fidelity of - 4 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 the said Ashwini stating that she had illicit relationship with the son of complainant i.e., the deceased Manoj. There was a frequent quarrel between Manoj and accused No.1 in respect of the alleged illicit relationship. It is further stated that on 25.07.2025 around 01.00 p.m., accused No.1 along with others kidnapped the said Manoj and committed his murder and threw the dead body in to the river Varada. Based on the complaint, the respondent police have registered a case in Crime No.126/2025 for the aforesaid offences. After conducting the investigation, the respondent police submitted the charge sheet. 3. Heard Sri Vidyashankar G. Dalwai, learned counsel for the petitioners and Sri Praveena Y. Devaraddiyavar, learned High Court Government Pleader for the respondent State and perused the material placed before the Court. - 5 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 4. The submission of the learned counsel for the petitioners that petitioners are innocent of the alleged offences, the petitioners are no way connected with the case of the respondent police. The entire case is based on circumstantial evidence. Even on reading the entire averments of the charge sheet, the allegations made against these petitioners are baseless and bald. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. They will abide the condition imposed by this Court in the event their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 5. Per contra, the learned High Court Government Pleader vehemently submitted that accused No.1 was having a grudge on the deceased stating that, the deceased had illicit relationship with his wife. Therefore, he hatched the plan to eliminate the deceased, he went along with others and kidnapped the deceased, and committed his murder. After committing the murder, the body was thrown - 6 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 to the river Varada. The charge sheet has been filed on establishing the case of the prosecution. Therefore, it is not appropriate to grant them bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that, initially, a missing complaint was filed before the respondent police, subsequently, after finding the dead body, a separate complaint was lodged before the same police and the same has been registered in Crime No.126/2025. 7. The averments of the said complaint indicates that the deceased had illicit relationship with the wife of accused No.1, that itself is not sufficient to infer motive for commission of the said murder. The entire case is based on circumstantial evidence. Under such circumstances, it is not appropriate to keep the petitioner in judicial custody for a - 7 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 longer period. When the case is based on circumstantial evidence the Court has to consider the life and liberty of a person guaranteed under Article 21 of the Constitution of India and also apply the principal ‘bail is rule and jail is an exception’. 8. In the light of observation made above, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioners/accused Nos.1 to 4 are ordered to be enlarged on bail in Crime No.126/2025 of respondent police, on executing their personal bonds for a sum of ₹1,00,000/- each (One Lakh Rupees) along with one surety each, to the satisfaction of the Trial Court. - 8 - HC-KAR NC: 2025:KHC-D:15585 CRL.P No. 104572 of 2025 iii) The petitioners shall not indulge in any similar or any other criminal cases till disposal of the case. iv) The petitioners shall not threaten the prosecution witnesses. v) The petitioners shall appear before the Trial Court on all hearing dates without fail. v) They shall not commit the similar offences or any criminal cases till disposal of the case. In case, if the petitioners violate 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: UMD. List No.: 2 Sl No.: 22