- 1 - HC-KAR NC: 2025:KHC-D:15907 CRL.P No. 104363 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.104363 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: BABULAL SIRAJSAB PENDARI S/O. SIRAJSAB PENDARI, AGED ABOUT 40 YEARS, RESIDING AT MAHALINGAPURA, BAGALKOTE DISTRICT-587101. …PETITIONER (BY SRI. AMIT ANAND DESHPANDE, ADVOCATE) AND: STATE OF KARNATAKA, BY MUDHOL POLICE STATION, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD -580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS CRIMINAL PETITION BY ENLARGING THE PETITIONER/ACCUSED NO.10 ON REGULAR BAIL IN P.S. NO.0223/2024 IN MUDHOL P.S. ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, SITTING AT MUDHOL IN SC NO.10073/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 61(2)(A), 103(1), 109(1), 326(G), 324(5), 49, 238(B) R/W 3(5) OF BNS, 2023 AND SECTION 136 OF THE INDIAN ELECTRICITY ACT, ALONG WITH SECTION 3(2) OF KARNATAKA PREVENTION OF BLACK MAGIC ACT, 2017 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15907 CRL.P No. 104363 of 2025 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 petitioner is before this Court seeking for grant of regular bail in Crime No.223/2024 of respondent- police for the offence under Sections 61(2)(a), 103(1), 109(1), 326(g), 324(5), 49, 238(b) r/w Section 3(5) of BNS, 2023, Section 136 of the Indian Electricity Act (Amend) 2003 and Section 3(2) of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017. Brief facts of the case: 2. The case of the prosecution is that, a complainant came to be registered by Dastageersab Pendari stating that he was residing along with family members by erecting sheet house in his farmland. It is further submitted that prior to 15 days from date of incident, his grandson had also come from Mumbai and he was staying along with the complainant. It is further submitted that his elder son - 3 - HC-KAR NC: 2025:KHC-D:15907 CRL.P No. 104363 of 2025 Subhan was having illicit relationship Karikshma who is wife of Lalasab Pendari since two years. The family members of the said Karikshma were quarrelling with the son of the complainant on the said pretext. 3. It is further stated that on 15.07.2024 around about 10:30 PM after having dinner, all the family members of the complainant had slept in the house. Around about 2:30 AM he had smell of petrol, immediately he wanted to come out of the house. However, a fire was caught to the entire house. Somehow, the complainant, his grandson and also his son came out of house, however his daughter and wife were died on account of the said fire. Thereafter a complainant came to be registered against the 8 persons suspecting their involvement in the said case. 4. The respondent-police after conducting investigation, submitted the charge sheet. 5. Heard Sri Amit Anand Deshapande, learned counsel for the petitioner and Sri Praveen Y - 4 - HC-KAR NC: 2025:KHC-D:15907 CRL.P No. 104363 of 2025 Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 6. It is the submission of the learned counsel for the petitioner that, petitioner is arrayed as accused No.10. As per the averment of the complaint, only 8 persons were seen by the complainant. The present petitioner has been implicated in this case. There is no overt-act attributed against him. Such being the fact, keeping him in judicial custody for longer period would not serve any purpose. Therefore, he may be enlarged on bail. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the act committed by the petitioner and others is not only brutal in nature, but also, it is barbaric act. The manner in which the petitioner and other have committed the offence would indicate its gravity. The petitioner and other had intension to commit murder of all the family members of the complainant. Therefore, they adopted - 5 - HC-KAR NC: 2025:KHC-D:15907 CRL.P No. 104363 of 2025 method of pouring petrol on the house and set the fire in order to kill the entire family. However, two of the family members have been burnt alive. Therefore, it is not appropriate to grant the relief as prayed for. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears that, complainant has seen only 8 persons and lodged a complaint against them. During the course of investigation, it appears that, name of the present petitioner was added to the charge sheet as accused No.10. 9. Considering the facts and circumstances of the case, it is appropriate to grant bail by imposing suitable conditions, the said conditions meet the apprehension of the persecution. 10. Hence, I proceed to pass the following: ORDER i. The petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:15907 CRL.P No. 104363 of 2025 ii. The petitioner is ordered to be enlarged on bail in Crime No.223/2024 of respondent- police for the offence under Sections 61(2)(a), 103(1), 109(1), 326(g), 324(5), 49, 238(b) r/w Section 3(5) of BNS, 2023, Section 136 of the Indian Electricity Act (Amend) 2003 and Section 3(2) of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017, on executing personal bond in a sum of Rs.1,00,000/- with one 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 appear before the Trial Court on all hearing dates without fail. v. The petitioner shall not involve in any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:15907 CRL.P No. 104363 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 VMB/ASN/CT: UMD List No.: 3 Sl No.: 1