- 1 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102540 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SHRI BHARMANNA S/O. SULTAN SODDI AGE: 58 YEARS, OCC:AGRICULTURE R/O. SAMBARAGI VILLAGE, TALUK: ATHANI, DISTRICT: BELAGAVI - 591 232. …PETITIONER (BY SRI SHIVRAJ S. BALOLLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ATHANI POLICE STATION TALUK: ATHANI AND DISTRICT: BELAGAVI REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD - 580 011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 PENDING ON THE FILE OF XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, TO SIT AT ATHANI, ARISING OUT OF CRIME NO.245 OF 2024 IN ATHANI POLICE STATION, FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 49, 189(2), 191(2) 191(3), 61(2), 103(1) AND 351(3) OF THE BHARATIYA NYAYA SANHITA, 2023, TO MEET THE ENDS OF JUSTICE AND ETC. THIS CRIMINAL PETITION IS COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioner has filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with Crime No.245 of 2024 of Athani Police Station registered for the offences punishable under Sections 49, 189(2), 191(2), 191(3), 61(2), 103(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 2. The brief facts of the prosecution case are that on 12.07.2024, the first informant lodged a complaint alleging that the accused had conspired to commit and, indeed, committed the murder of his father, Manik Keshav Kadam (for short, 'deceased'). On 11.07.2024, the informant’s father left on his motorcycle, bearing Registration No.KA-23/K-5933, for some personal work and on the same day at around 6.30 p.m., while the informant was in Village, he received a phone call from Sri Deepak Prabhakar Deshpande stating that his father has met with an accident and he has been shifted to - 3 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 Hospital. Hence, he immediately rushed to the Hospital and saw his father, who had sustained grievous injuries and he was unconscious. Later, he was shifted to Civil Hospital, Miraj, and again, he was shifted to Sinergy Hospital, Miraj, where he succumbed to the injuries. Based on these facts, the first informant lodged the complaint, which led to registration of First Information Report and investigation. 3. Heard Sri Shivraj S. Balloli, learned counsel for the petitioner, and Smt. Kirtilata Patil, Learned High Court Government Pleader for the respondent - State. 4. Learned counsel for the petitioner/accused No.1 has contended that the petitioner is innocent, he has not committed any offences and he has been falsely implicated in the present case. He further contended that the contents of the complaint taken at face value do not disclose any role of the petitioner in the alleged crime. The complaint appears to be afterthought, filed - 4 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 with an intention to falsely implicate the petitioner. The complaint was lodged after consultation with others, and the petitioner's name was deliberately shown to harass him. There are civil disputes pending between the families of accused Nos.1 and 2 and the complainant, and in order to exert pressure or settle scores, the petitioner has been unnecessarily dragged into this criminal case. He further contended that charge-sheet has been filed and the matter is committed to Sessions Court. The petitioner is ready to abide by any of the conditions to be imposed by this Court. He further contended that accused Nos.2, 3, 4 and 5 have been granted bail by this Court in Criminal Petition Nos.100401 of 2025, 100345 of 2025, 101996 of 2025 and 100326 of 2025, respectively. Hence, on the ground of parity also, he prays for granting anticipatory bail. 5. Per contra, the learned High Court Government Pleader for the respondent-State contended that offences alleged against the petitioner are grave and heinous in - 5 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 nature, and are punishable either with death or imprisonment for life. There is a prima-facie material against the petitioner and the offences are non-bailable. If the petitioner is released on bail, there is a likelihood of he tampering with the prosecution witnesses and interfere with the fair conduct of the trial. Accordingly, she prays for rejection of the bail petition. 6. As per the prosecution case, the motive for murder was litigation in pursuance of an earlier sale transaction and failure to meet obligations agreed thereunder, as the deceased was supporting the opponents of the accused in the said litigation involving sale transaction between the families of the complainant and the accused. Sale transaction is dated 26.09.2003 and its recitals indicate receipt of entire sale consideration without reference to any pending litigation. 7. So far as overt acts against the petitioner are concerned, he instigated other accused persons in - 6 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 commission of the murder of the deceased. In the complaint and charge-sheet, it is alleged that accused No.4 drove his vehicle in a rash and negligent manner and intentionally dashed the motorcycle of the deceased. Hence, the deceased sustained injuries. As per the Post- Mortem Examination Report, the cause of death is due to a head injury sustained in the accident. As per the prosecution, there is CCTV footage and the CCTV footage would merely show the movement of accused No.4 at the time of accident. Further, CW20 witnessed accused No.4, who intentionally caused accident, and informed the same to CW32 on 11.07.2024. Thus, CW32 informed the said aspect to the first informant. It is also the version of the prosecution that apart from CW20, even CWs.26 to 28 are eyewitnesses to the incident, but none of them informed the said fact to the Police or victim's family. Indeed, it would neither be feasible, nor appropriate to come to any conclusion about the accused committing offences, at this stage. In the instant case, accused - 7 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 Nos.2 to 5 have been granted bail by this Court. Thus, on the ground of parity also, the petitioner is entitled for bail. Hence, I proceed to pass the following O R D E R Criminal petition is allowed. The petitioner-accused No.1 is ordered to be released on anticipatory bail by the respondent-Police Station in the event of his arrest in connection with Crime No.245 of 2024 of Athani Police Station registered for the offences punishable under Sections 49, 189(2), 191(2), 191(3), 61(2), 103(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer/Station House Officer; ii. The petitioner shall surrender himself before the Investigating Officer/Station House Officer - 8 - HC-KAR NC: 2025:KHC-D:9008 CRL.P No. 102540 of 2025 within fifteen days from the date of receipt of a certified copy of this order; iii. The petitioner shall not tamper with the prosecution witnesses directly or indirectly, and iv. The petitioner shall not indulge in any similar offences. If any of the above conditions are violated, the prosecution is at liberty to move the Court for cancellation of bail. It is made clear that the above observations made herein are only for disposal of the present petition. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 4