- 1 - HC-KAR NC: 2025:KHC-D:11113 CRL.P No. 103210 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103210 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KIRAN Y. JATTEPPANAVAR S/O YALLAPPA JATTEPPANAVAR, AGED ABOUT 21 YEARS, R/O. GAVISIDDESHWAR COLONY, GOPANAKOPPA, TQ. HUBBALLI, DIST. DHARWAD, KARNATAKA-580 023. … PETITIONER (BY SRI. AVINASH M. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH ASHOK NAGAR POLICE STATION, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.03 ON REGULAR BAIL IN SC NO.5014/2025 PENDING ON THE FILE BEFORE I ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, SITTING AT HUBBALLI ARISING OUT OF CRIME NO.0082/2024 WHICH IS REGISTERED BY ASHOKNAGAR POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 103, 189(2), 191(2), 191(3), 190 OF BNS-2023, 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:11113 CRL.P No. 103210 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 in S.C. No.5014 of 2025 pending before the Court of First Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.82 of 2024, registered by Ashoknagar Police Station for the offences punishable under Section 61(2), 103, 189(2), 191(2), 191(3), 190 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.82 of 2024 was registered by Ashoknagar Police Station, Hubballi-Dharwad, for the aforesaid offences against Sudeep Rayapur and others based on the first information dated 12.10.2024 received from Chandrakumar Kammar, who is the father of the deceased Shivaraj Kammar. During the course of investigation, the petitioner herein who was arrayed as accused No.3 in the FIR was arrested on 23.10.2024 and - 3 - HC-KAR NC: 2025:KHC-D:11113 CRL.P No. 103210 of 2025 subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against nine persons and the petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before the trial Court in S.C. No.5014 of 2025 was rejected on 12.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, accused Nos.5 to 10 have been enlarged on bail in the present case, the petitioner who is a youngster is in custody for the last more than ten months. He has no other criminal antecedents and there are no specific overt acts alleged against the petitioner. He submits that, the incident in question had taken place in the night and therefore, the chances of the eyewitnesses seeing the accused assaulting the deceased is very remote. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:11113 CRL.P No. 103210 of 2025 5. Per contra, learned HCGP has opposed the petition. She submits that there are multiple eyewitnesses to the incident in question and the deceased had suffered 88 injuries, all over his body in the incident in question and he was brutally murdered. Accordingly, she prays to dismiss the petition. 6. The first informant, who is the father of the deceased has alleged that the accused persons named in the FIR, who had an ill-will against his son, had assaulted him with deadly weapons and had escaped from the spot of crime after criminally intimidating the witnesses. The name of the eyewitnesses who had seen the incident in question has been mentioned by the first informant and the said witnesses have clearly stated in their statements recorded by the Investigation Officer during the course of investigation about the role played by the accused persons in the alleged crime. CW1, CW16, CW17 and CW20 to CW26 are the alleged eyewitnesses to the incident in question. In the alleged incident that had taken place on 11.10.2024, - 5 - HC-KAR NC: 2025:KHC-D:11113 CRL.P No. 103210 of 2025 accused No.1 had assaulted deceased Shivaraj on his head with a talwar and accused No.2 had assaulted him with a talwar on his back, head and other parts of the body. Accused No.3 had assaulted him with a knife on his stomach and other parts of the body. Another juvenile accused is said to have held Shivaraj so as to enable accused Nos.1 to 3 to assault him. The post-mortem report of deceased Shivaraj would go to show that he had suffered as many as 88 injuries on his body as a result of assault made by accused Nos.1 to 3 with deadly weapons. The incident in question had taken place in a public place between 9:30 p.m. to 10:00 p.m. on 11.10.2024. Under the circumstances, I am of the opinion that, at this stage the prayer made by accused No.3 for grant of regular bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 29