- 1 - HC-KAR NC: 2025:KHC-D:18228 CRL.P No. 104438 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104438 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ULAVATTI SOMAPPA @ SOMAPPA @ ASUTI SOMAPPA S/O. BASAPPA, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. KONADADEVANAHALLI VILLAGE, TQ. H.B. HALLI, TQ. VIJAYANAGAR. …PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH T.B. HALLI P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. NITIN RAMESH, ADVOCATE AND SRI. BASAVARAJ YARADONI, ADVOCATE FOR APPLICANT; SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT (STATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE CRIMINAL PETITION AND ENLARGE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CONNECTION WITH IN SC NO.5064/2022 (T. B. HALLI P.S CRIME NO.34/2022) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF IPC ON THE FILE OF DISTRICT AND SESSIONS JUDGE VIJAYANAGAR, HOSAPETE AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18228 CRL.P No. 104438 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN UNDER FOLLOWING: 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.34/2022 of respondent/Police for the offence under Sections 302 of Indian Penal Code, 18601. Brief facts of the case; 2. The case of the prosecution is that, a complaint came to be registered by the complainant stating that, a civil dispute was existed between the complainant and the accused. In that regard, a quarrel had taken place in the year 2020 and the case is pending for adjudication before the Court. Keeping in mind the previous enmity, the petitioner and other accused in furtherance of common intention, on 19.04.2022 when the father of the complainant had been to attend the festival at Kondenahalli 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:18228 CRL.P No. 104438 of 2025 village he was killed by Ulavati Somappa who is the petitioner, hence, the complaint. 3. Based on the complaint, the respondent/Police have registered a case, conducted investigation and submitted the charge-sheet. 4. Heard Sri.K. L. Patil, learned counsel appeared for Sri.Nitin Ramesh and Sri.Basavaraj Yaradoni, learned counsels for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 5. The submission of the learned counsel for the petitioner is that, the allegation levelled against the petitioner is baseless. In fact, the deceased Baramappa had beaten the nose of the petitioner which was separated from the face. A case came to be registered in Crime No.93/2020 against the deceased. As a result of which, a false case has been registered against the present petitioner to implead him in a false case. 6. It is further submitted that, the overt-act attributed against the present petitioner is on the strength - 4 - HC-KAR NC: 2025:KHC-D:18228 CRL.P No. 104438 of 2025 of two material witnesses. However, the material witnesses have been examined, there is no question of threatening the prosecution witnesses. Hence, the petition may be allowed. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that the material witnesses who are the eye-witnesses to the incident have supported the case of the prosecution. If the petitioner is enlarged on bail, there may be chances of committing similar offences and also there may be chances of threatening the rest of the witnesses. Hence, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader for respondent/State prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and charge-sheet, it is stated that, the petitioner had committed the murder of the deceased. However, the - 5 - HC-KAR NC: 2025:KHC-D:18228 CRL.P No. 104438 of 2025 evidence of the material witnesses have supported the case of the prosecution partially. Having considered the facts and circumstances of the case, it is not appropriate to grant him bail. 9. Hence, I proceed to pass the following: ORDER The petition is rejected. Sd/- (S.RACHAIAH) JUDGE PJ/Ct:UMD List No.: 1 Sl No.: 42