- 1 - HC-KAR NC: 2025:KHC-D:14177 CRL.P No. 103827 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103827 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SHRI. MALAPPA S/O. MARUTI TALAKATNAL, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. KOLAVI, TAL. GOKAK, DIST. BELAGAVI, PIN CODE-591344. …PETITIONER (BY SRI. KAROSHI PRAVEEN ANAND, ADVOCATE) AND: THE STATE OF KARNATAKA, THROGH HCGP, GOKAK RURAL POLICE STATION, BELAGAVI, PIN CODE NO:591307. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, THAT THE BENEFIT PROVIDED UNDER SECTION 483 OF BNSS (UNDER SECTION 439 OF CR.P.C) MAY BE GIVEN. THIS PETITIONER/ACCUSED NO.7 MAY BE ORDERED TO BE RELEASED ON REGULAR BAIL IN GOKAK RURAL POLICE P.S. CRIME. NO.08/2025, UNDER SECTIONS 189(2), 191(2), 191(3), 126(2), 352, 103(1), 61(2) R/W 190 BNSS-2023 AND UNDER SECTION 25 (1) (A) OF ARMS ACT 1959. AND THE CASE WAS PENDING BEFORE THE IIND ADDL. CJ AND J.M.F.C, BELAGAVI AT. GOKAK IN C.C. NO.2457/2025, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14177 CRL.P No. 103827 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The present petitioner is accused No.7 seeking for regular bail in Crime No.8/2025 registered by the respondent/Police for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 352, 103(1) and 61(2) r/w. Section 190 of Bharatiya Nyaya Sanhita, 20231 and Section 25(1)(A) of Indian Arms Act, 1959. Factual matrix of the case; It is the case of the prosecution that on 14.01.2025 around about 12:30 am, the husband of the complainant and his friends had been to attend Orchestra. Around 12:30 am, one Nagesh Balappa Patil knocked the door of the complainant and woke her up and informed her that when himself and her husband were on the way to Kolave, 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14177 CRL.P No. 103827 of 2025 Vijayakumar and others had assaulted the deceased Prakash with Talawar and sharp edged weapons. Immediately, herself and her brother-in-law went to the spot and saw that her husband was lying on the floor and she noticed that he had sustained injuries on face and stomach and further she noticed that one Talawar was lying beside him. She narrated the incident and also named six persons as accused in the complaint and lodges a complaint. During investigation, the name of the petitioner was included and laid the charge-sheet. 2. The submission of the learned counsel for the petitioner is that, the petitioner is arrayed as accused No.7. The overt-act of the petitioner is that, he was standing on the road and facilitating the other accused to commit the murder of the deceased Prakash. However, though, it is stated in the charge-sheet that, CWs.12 and 13 were accompanied the deceased on the motorcycle. They did not disclose that accused No.7 was present at the spot. Moreover, his name was not found in the complaint at the - 4 - HC-KAR NC: 2025:KHC-D:14177 CRL.P No. 103827 of 2025 earliest. Hence, it is appropriate to grant bail. Making such submissions, he prays to enlarge the petitioner on bail by imposing suitable conditions. 3. Per contra, learned High Court Government Pleader vehemently contended the role of the petitioner is that, he was present and facilitating the other accused to commit the murder of the deceased. The entire incident had occurred in furtherance of common intention therefore, he being a one of the conspirator is not entitled for the relief as prayed for. 4. Having heard the learned counsel for the respective parties, it appears from the records that, the petitioner and others stated to have committed the murder of the deceased in connection with the earlier dispute existed between accused No.1 and the deceased. 5. On over all reading of the charge-sheet, it appears that, the petitioner was present and he was - 5 - HC-KAR NC: 2025:KHC-D:14177 CRL.P No. 103827 of 2025 standing on the road and also facilitating the accused to commit the murder of the deceased. 6. Be that as it may, the charge-sheet averments would indicate that, the deceased and two others were proceeding on the bike. The accused and others restrained wrongfully and started to assault the deceased with sharp edged weapons and committed his murder. The persons who accompanied the deceased did not disclose the presence of the petitioner at the spot. Moreover, in the complaint, the complainant had mentioned the names of six accused in that names, the name of this petitioner was not found. Hence, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 7. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:14177 CRL.P No. 103827 of 2025 ii) The petitioner is ordered to be enlarged on bail in Crime No.8/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioner shall not involve in any similar or any other criminal cases. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 18