- 1 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103546 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103546 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ANAND S/O LATE RAJU, AGE. 22 YEARS, OCC. PRIVATE WORK, R/O. NEAR JUMMA MASJID, RANITHOTA, TQ. BALLARI, DIST. BALLARY-583 101. … PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY BRUCEPET P.S., TQ. AND DIST. BALLARI, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE ON REGULAR BAIL THE PETITIONER/ACCUSED NO.2 IN CRIME NO.53/2025 REGISTERED BY BRUCEPET P.S. FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103, 238(C) R/W SECTION 190 OF BNS, 2023, PENDING ON THE FILE OF THE COURT OF I ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, BALLARI, IN C.C. NO.1458/2025, IN THE INTEREST OF JUSTICE AND EQUITY. 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:12414 CRL.P No. 103546 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in CC No.1458/2025 pending before the Court of I Additional Civil Judge (Jr.Dn) & JMFC, Bellary, arising out of Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District for offences punishable under Sections 189(2), 191(2), 191(3), 103, 238(c), 61(1), 49 and 190 of the BNS, 2023, is before this Court in this petition filed under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.53 of 2025 was registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District against unknown persons, based on the first information dated 04.04.2025 received from Smt.Neelaveni, wife of the deceased Venkatesh. During the course of investigation, the petitioner herein was arrested on 05.04.2025. After completing investigation, charge sheet - 3 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103546 of 2025 has been filed against 11 persons. Petitioner is arraigned as accused No.2 in the charge sheet. Wife of deceased, Smt. Neelaveni, who is the first informant, is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegation against the petitioner is that he had conspired with accused no.1 and accused nos.3 to 11 to commit the murder of deceased Venkatesh. Undisputedly, petitioner was not present at the spot of crime. Accused nos.3 to 11 are the persons who allegedly assaulted Venkatesh an d committed his murder. Accused nos.4, 5 and 11 have been granted regular bail by this Court in Criminal Petition No.103066 of 2025 c/w Criminal Petition No.103184 of 2025. Accused nos.3, 6, 7 and 8 were granted regular bail by this Court in Criminal Petition No.102369 of 2025. Accordingly, prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103546 of 2025 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner. 6. Perusal of the charge sheet would go to show that accused no.1 Smt. Neelaveeni is the wife of the deceased Venkatesh. It appears that the deceased was suspecting the character of his wife and was ill-treating her. Therefore, Neelaveni contacted accused no.2-petitioner seeking his help to eliminate her husband. Accused no.2 thereafter contacted accused nos.3 to 11, who agreed to commit the murder of deceased. On the intervening night of 03.04.2025 and 04.04.2025, accused nos.3 to 11 allegedly assaulted the deceased and committed his murder. The assailants who had assaulted deceased Venkatesh and had committed his murder have been granted regular bail by this Court in Criminal Petition No.103066 of 2025 c/w Criminal Petition No.103184 of 2025 and Criminal Petition No.102369 of 2025. - 5 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103546 of 2025 7. Allegation against the petitioner is that he had conspired with accused no.1 and the other accused persons to commit the murder of deceased Venkatesh. Undisputedly, he was not present at the spot of crime while the other accused persons had assaulted and committed the murder of Venkatesh. Petitioner has no other criminal antecedent. Under the circumstances, I am of the opinion that his prayer for grant of regular bail is required to answer affirmatively. Accordingly, the following: ORDER Criminal Petitions are allowed. Petitioner is directed to be enlarged on bail in Crime No.53 of 2025 registered by Brucepet Police Station, Bellary City Sub-Division, Ballari District for offences punishable under Sections 189(2), 191(2), 191(3), 103, 238(c), 61(1), 49 and 190 of the BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:12414 CRL.P No. 103546 of 2025 i. The petitioner 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 their 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 VMB CT:BCK LIST NO.: 1 SL NO.: 27