- 1 - HC-KAR NC: 2025:KHC-D:15909 CRL.P No. 104439 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104439 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: SHRI. RUDRAPPA S/O SHIVAPUTRA HOSETTI, AGE: 32 YEARS, OCC: DRIVER, R/O: H.NO. 661, PURAVANTAR GALLI BEEDI, TQ: KHANAPUR, DIST: BELAGAVI. …PETITIONER (BY SHRI. VIDYASAGAR PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH. (THROUGH KHANAPUR POLICE STATION) …RESPONDENT (BY SHRI. PRAVEEN Y. DEVAREDDIYAVAR, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING THAT THE PETITION MAY BE ALLOWED AND PETITIONER/ACCUSED NO. 1 MAY KINDLY BE RELEASED ON BAIL IN KHANAPUR P.S. CRIME NO. 77/2025, (SC NO. 96/2025) FOR OFFENCE P/U/SEC. 103(1), 61(2)(A), 140(1) R/W 3(5) OF BNS, WHICH IS PENDING BEFORE I ADDL. DIST AND SESSION JUDGE BELAGAVI AT: BELAGAVI IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15909 CRL.P No. 104439 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.1 is before this Court seeking for grant of regular bail in Crime No.77/2025 of respondent Police Station for the offences under Sections. 103(1), 61(2)(A), 140(1) R/W 3(5) of the Bharatiya Nyaya Sanhita, 2023 before the I Additional District and Sessions Judge, Belagavi. 2. Heard Sri Vidyasagar Patil, learned counsel for the petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. Brief facts of the case; 3. The case of the prosecution is that one Sannagouda Patil, resident of Khanapur, lodged a complaint stating that his brother Sivanagouda was found dead on a suspicious manner on the Khanapura-M.K.Hubli road. On the basis of the said information, the police have registered a case in Crime No.77/2025 and conducted investigation. During investigation, the respondent police have learnt that - 3 - HC-KAR NC: 2025:KHC-D:15909 CRL.P No. 104439 of 2025 there was a strained relationship between the deceased and the petitioner/accused No.1, who is the wife of the deceased. Further, they learnt the fact of illicit relationship between the petitioner and accused No.1. According to the prosecution, the alleged murder has taken place on account of the illicit relationship. Therefore, the respondent/Police after conducting the investigation submitted the charge- sheet. 4. The submission of the learned counsel for the petitioner is that petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the entire case is based on circumstantial evidence. The alleged illicit relationship has not been established in the charge sheet. Moreover, accused No.2 is enlarged on bail by the order of the Sessions Court. 5. It is further submitted that the petitioner is aged about 32 years and working as a driver and he is the earning member of the family and permanent resident of Puravantar Galli Beedi, Khanapur Taluk, Balagavi District - 4 - HC-KAR NC: 2025:KHC-D:15909 CRL.P No. 104439 of 2025 and he may be enlarged on bail by imposing suitable conditions, he will abide the conditions in the event of his release on bail. 6. Per contra, the learned High Court government Pleader vehemently submitted that the illicit relationship of accused Nos.1 and 2 has been established by filing the charge sheet. Accused No.1 in furtherance of common intention with accused No.2 hatched a plan to commit murder and took him on his motorcycle and made him to consume beer which was mixed with poison. On consuming the said beer, the deceased became unconscious, then accused No.1 dropped the size stone on head and killed him. 7. It is further submitted that the accused had committed heinous offence. The punishment prescribed for the offence is either death or imprisonment for life. Such being the fact, if the petitioner is enlarged on bail, there may be chances of absconding from the case. Therefore it is not appropriate to grant him bail. - 5 - HC-KAR NC: 2025:KHC-D:15909 CRL.P No. 104439 of 2025 8. Having considered the submissions of the learned counsels for the respective parties and also on perusal of the averments of the charge-sheet, it appears from the record that, the petitioner is said to be the paramour of accused No.2. It is further stated that he has committed the murder of the deceased who is the husband of accused No.2 to continue the illicit relationship with accused No.2. However, the entire case is based on circumstantial evidence. Having considered the nature and gravity of offence and also the family background of the accused, it is appropriate to consider the bail by imposing suitable conditions. 9. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.77/2025 of respondent police, on executing personal bond in a sum of Rs.1,00,000/- with one - 6 - HC-KAR NC: 2025:KHC-D:15909 CRL.P No. 104439 of 2025 surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioner shall appear before the Trial Court on all dates of hearing without fail. 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 Vmb List No.: 1 Sl No.: 47