- 1 - HC-KAR NC: 2025:KHC-D:16741 CRL.P No. 104374 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104374 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SHRI. SALMAN S/O. MANSURSAB KAREMANSUR, AGE. 23 YEARS, OCC. LABOURER, R/O. UGALAWAT VILLAGE-587 206, TQ. BADAMI, DIST. BAGALKOT. 2. SHRI. SACHIN S/O. FAKIRAPPA BHAJANTRI, AGE. 23 YEARS, OCC. LABOURER, R/O. UGALAWAT VILLAGE-587 206, TQ. BADAMI, DIST. BAGALKOT. …PETITIONERS (BY SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH KERUR POLICE STATION), BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION BY GRANTING REGULAR BAIL TO THE PETITIONERS IN CONNECTION WITH CRIME NO.38/2025 OF KERUR POLICE STATION CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1), 3(5) OF BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16741 CRL.P No. 104374 of 2025 FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE BAGALKOTE IN SC NO.42/2025, PENDING TRIAL OF THE CASE AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners/accused Nos.2 and 3 are before this Court seeking for grant of regular bail in Crime No.38/2025 of respondent-police for the offences under Sections 103(1) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the father of the deceased lodged a complaint stating that, on 09.03.2025 his children namely Sharanappa and Bhimashi had been to grazing the sheep. In the evening, the sheep were kept in the Farm. His younger son Bhimashi came to the house to have dinner by leaving Sharanappa in the said Farm. After having dinner, he carried the meals to his elder - 3 - HC-KAR NC: 2025:KHC-D:16741 CRL.P No. 104374 of 2025 brother and went to the said farm. Around about 9.00 p.m., the said Bhimashi and one villager namely Siddappa came out informed the complainant that some unknown persons had entered into the sheep Farm to commit theft of sheep, however, it was resisted by Sharanappa. In the said scuffle, Sharanappa was hacked to death. Based on the said information, a complaint came to be lodged by the father of the deceased before the respondent-police. The respondent- police after conducting investigation and submitted the charge sheet. 3. Heard Sri. Raja Raghavendra Naik, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 4. The submission of the learned counsel for the petitioners that, the petitioners are arrayed as accused Nos.2 and 3. Though, it is stated that the accused Nos.2 and 3 had accompanied accused No.1 to commit theft of sheep, there were no eyewitnesses to the incident. Moreover, the allegations in the charge sheet would indicate - 4 - HC-KAR NC: 2025:KHC-D:16741 CRL.P No. 104374 of 2025 that, accused No.1 assaulted with axe to the deceased, consequently, the deceased died. 5. It is further submitted that the petitioners are the earning members of the family. They are the permanent resident of Ugalawat village. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that, the petitioners who arrayed as accused Nos.2 and 3 accompanied accused No.1 in furtherance of common intention to commit theft of sheep. They went to the sheep Farm and found that, the deceased was there in the said Farm. The deceased had resisted and fought against the thieves. In the said scuffle, the deceased has ended his life. The manner in which the petitioners and others had committed murder of the deceased would indicate its - 5 - HC-KAR NC: 2025:KHC-D:16741 CRL.P No. 104374 of 2025 gravity and seriousness. Therefore, it is not appropriate to grant them bail is the contention. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and charge sheet, it would indicate that the petitioners are arrayed as accused Nos.2 and 3. The overt - acts against them that, both have assaulted the deceased with stone and caused injuries to the deceased. However, the post mortem report would indicate that the death is due to injuries sustained on the neck of the deceased. The injury found on the neck was caused by using axe. 8. Having considering the gravity of the injury and also the overt act attributed against the petitioners, it is appropriate to grant them bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:16741 CRL.P No. 104374 of 2025 (ii) The petitioners are ordered to be enlarged on bail in Crime No.38/2025 of respondent-police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (v) The petitioners shall not involve in any criminal cases till disposal of the case. (vi) The petitioners shall mark their attendance before the jurisdictional police on every Sunday between 10.00 a.m. and 2.00 p.m. - 7 - HC-KAR NC: 2025:KHC-D:16741 CRL.P No. 104374 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 20