- 1 - HC-KAR NC: 2025:KHC-D:10452 CRL.P No. 102753 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102753 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: APPANNA S/O. MUSHAPPA NAIK, AGE. 20 YEARS, OCC. AGRICULTURE COOLIE, R/O. PASCHAPUR, TQ. HUKKERI, DIST. BELAGAVI. … PETITIONER (BY SRI. M.J. PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE SUB-INSPECTOR, YAMKANMARDI POLICE STATION, DIST. BELAGAVI, R/BY S.P.P., KARNATAKA HIGH COURT, BENCH DHARWAD. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYS THAT THE PETITIONER/ACCUSED NO.3 MAY BE ORDERED TO BE ENLARGED ON REGULAR BAIL IN YAMKANMARDI P.S. CR. NO.11/2025 OF THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 302, 201 R/W SECTION 34 OF THE IPC, PENDING BEFORE THE VIITH ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI IN SC NO.5060/2025, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10452 CRL.P No. 102753 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 in S.C.No.5060 of 2025 pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi, arising out of Crime No.11/2025 registered by Yamakanmardi Police Station, Belagavi District, for offences punishable under Sections 120B, 302, 201 read with Section 34 of Indian Penal Code, is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.11 of 2025 was registered by Yamakanmardi Police Station, Belagavi district, for the aforesaid offences against Ramesh and two others based on the first information dated 13.01.2025 received from Smt.Laxmi Shivanagouda Kuri, who is the sister of deceased Vittal Lagamappa Malagi. During the course of investigation, petitioner herein, who is arrayed as accused No.3 in the FIR was arrested on 14.01.2025. After completing investigation, charge sheet has been filed - 3 - HC-KAR NC: 2025:KHC-D:10452 CRL.P No. 102753 of 2025 against three persons and in the charge sheet petitioner herein is arrayed as accused No.3. His bail application filed before the Jurisdictional Sessions Court in Crime No.5188 of 2025 was rejected on 28.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegations against accused No.1 and the petitioner herein are similar. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.102587 of 2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner. 2. Perusal of the material on record would go to show that murder of deceased Vittal Lagamappa Malagi was committed in the month of March 2023 and FIR was registered on 13.01.2023, which is after a lapse of nearly 22 months. Body of the deceased Vittal Lagamappa Malagi was cremated in the month of March 2023 itself. It is - 4 - HC-KAR NC: 2025:KHC-D:10452 CRL.P No. 102753 of 2025 based on the confession statement of accused which was recorded in another case, FIR in Crime No.11/2025 was registered against them. The entire case of prosecution is based on circumstantial evidence. Investigation of the case is completed and charge sheet has been filed. Except the confession statement of the accused, there is no other concrete material available on record against them. It is under these circumstances accused No.1 has been granted regular bail by this Court in Criminal Petition No.102587/2025. Under the circumstances, I am of the opinion that on the ground of parity, the prayer made by the petitioner, for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in S.C.No.5060 of 2025 pending before the Court of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi, arising out of Crime No.11/2025 registered by Yamakanmardi Police Station, Belagavi District, for - 5 - HC-KAR NC: 2025:KHC-D:10452 CRL.P No. 102753 of 2025 offences punishable under Sections 120B, 302, 201 read with Section 34 of Indian Penal Code, subject to the following conditions: i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, VMB CT:BCK, LIST NO.: 1 SL NO.: 26