- 1 - HC-KAR NC: 2025:KHC-D:17833 CRL.P No. 104642 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104642 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: LADAJI SAB S/O. GAJABARSAB MULTANI, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. INGALI VILLAGE, TQ. HUKKERI, BELAGAVI-591309. …PETITIONER (BY SRI. KIRAN ANGADI, ADVOCATE AND SRI. SANGAMESH S.GHULAPPANAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, BY PSI, YAMAKANAMARADI PS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO, ORDER TO RELEASE THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.1 ON REGULAR BAIL IN YAMAKANAMARADI PS CRIME NO.147/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 109(1), 49, 61(1)(A), 62, 249 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE LEARNED VII ADDL. DIST. AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI IN SC NO.5001/2025, BY ALLOWING THIS PETITION AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17833 CRL.P No. 104642 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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.147/2024 of respondent- police for the offences under Sections 103(1), 109(1), 49, 61(1)(A), 62, 249 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the complainant being a relative of the deceased was going on his motorcycle along with the deceased and another person around about 10:10 pm. When they were proceeding from Hossur towards Ingali, when they reached near graveyard, it is stated that, a car came behind the said Bajaj Pulsar bike and dashed to the said bike. Consequently, the person who was as a pillion rider, fell down on the ground and sustained injuries. It is further stated that, the driver of the - 3 - HC-KAR NC: 2025:KHC-D:17833 CRL.P No. 104642 of 2025 vehicle took reverse of the said vehicle and rammed on him. Consequently, the deceased died on the spot. It is further stated that, the driver of the said vehicle chased the rider of the motorcycle and dashed again to the said motorcycle. However, on hearing the sound of another vehicle which was coming on the road, the driver of the car went away from the spot by leaving him. Hence, the complaint. 3. Based on the complaint, the respondent-Police registered the case in Crime No.147/2024 and after conducting investigation, submitted the charge sheet. 4. Heard Sri.Kiran Angadi and Sri.Sangamesh S.Ghulappanavar, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the incident took place on account existence - 4 - HC-KAR NC: 2025:KHC-D:17833 CRL.P No. 104642 of 2025 of civil dispute existed between the parties, it is not sufficient to implicate the petitioner in a false case. 6. It is further submitted that though the complainant had stated that he has noticed accused No.1 was driving the said car, the facts remains that the alleged accident took place around about 10:10 pm and it was dark. No identification parade was conducted to identify the person who is stated to have caused accident. The petitioner is having deep roots in the society and he is the permanent resident of Ingali village and he is aged about 28 years and he is the earning member of his family. He will abide by the conditions that may be imposed by this Court in the event his released on bail. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the motive behind the said murder is civil dispute. The rider of the motorcycle is none other than the relative of the deceased. He has clearly identified the driver of the vehicle - 5 - HC-KAR NC: 2025:KHC-D:17833 CRL.P No. 104642 of 2025 who is none other than the petitioner. The manner in which the petitioner dashed the vehicle by causing accident would indicate that he had clear intention to commit murder of the deceased. The entire case is based on the evidence of eyewitnesses, it is appropriate to reject the petition. Making such submissions, learned HCGP for respondent - State prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from record that the petitioner who is arrayed as accused No.1 is stated to have caused the accident and committed murder of the deceased who is the relative of the complainant. Though, it appears that the incident had occurred due to enmity existed between the deceased and the accused, the fact remains that, the time in which the accident had occurred has to be considered at this moment to grant the bail. Moreover, the Investigating Officer has not made any efforts to make necessary arrangements to conduct identification parade to identify - 6 - HC-KAR NC: 2025:KHC-D:17833 CRL.P No. 104642 of 2025 the persons who accompanied the present petitioner in the said car. Prima facie, it appears that the complainant has clearly mentioned the name of the petitioner to implicate him in this case. Considering the facts and circumstances of the case, it is appropriate to grant bail as prayed for by imposing suitable conditions. Such conditions would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.147/2024 of respondent-police for the offences under Sections 103(1), 109(1), 49, 61(1)(A), 62, 249 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2025:KHC-D:17833 CRL.P No. 104642 of 2025 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 1 Sl No.: 19