- 1 - HC-KAR NC: 2025:KHC-D:9384 CRL.P No. 102516 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102516 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ACHARI VARMA S/O. LATE NAGARAJ, AGE: 23 YEARS, OCC: LABOUR, R/O: JAIBHIMA NAGAR, DULPETE, HOSAPETE, DIST: VIJAYANAGAR-583 203. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH RURAL POLICE STATION, HOSAPETE), REPRESENTED BY 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.1 ON BAIL IN SC NO.5006/2024 (IN CONNECTION WITH CRIME NO.134/2023 REGISTERED IN RURAL POLICE STATION, HOSAPETE), FOR THE OFFENCES UNDER SECTION 302, 34 OF IPC PENDING TRIAL OF THE CASE BEFORE III ADDL. DISTRICT AND SESSIONS JUDGE BALLARI SITTING AT HOSAPETE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9384 CRL.P No. 102516 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.5006 of 2024 pending before the Court of III Additional District and Sessions Court, Hasapete, Ballari District, arising out of Crime No.134 of 2023 registered by Hosapete Rural Police Station for the offences punishable under Section 302 read with Section 34 of Indian Penal Code is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.134 of 2023 was registered by Hosapete Rural Police Station for the aforesaid offences against the petitioner and his elder brother based on the first information dated 08.07.2023 received from Ramesh who is the brother of deceased Srinivas. During the course of investigation, accused Nos.1 and 2 were arrested on 09.07.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet was - 3 - HC-KAR NC: 2025:KHC-D:9384 CRL.P No. 102516 of 2025 filed against them for the aforesaid offences. Bail application filed by the petitioner/accused No.1 before the Session Court in S.C.No.5006/2024 was rejected on 09.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP submits that the allegation of stabbing the deceased is only as against the accused No.1. CWs1, 9, 14 and 15 are the eyewitnesses to the incident. Trial in the case is yet to commence. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that house of the accused persons and the house of the deceased are situated adjacent to each other. It appears that after the minor son of the deceased had died, he was in the habit of unnecessarily abusing others. On 08.07.2023 at about 07.00 a.m. deceased Srinivas without - 4 - HC-KAR NC: 2025:KHC-D:9384 CRL.P No. 102516 of 2025 any reason was found abusing the mother and sister of the accused. First informant had advised him not to abuse others and also requested him to come home and have his dinner. The deceased, who came inside the house of the first informant, once again went outside, and it appears that he started abusing the mother and the sister of accused persons, using filthy language, and it is under these circumstances accused Nos.1 and 2, who are brothers, came out of their house and assaulted the deceased. 7. In the charge sheet, it is alleged that accused No.2 had held the deceased and accused No.1 had stabbed him. Post mortem report of the deceased would go to show that deceased had suffered only one injury on his body, which was fatal. Incident in question had taken place in a spur of moment, after the deceased started unnecessarily abusing the mother and sister of the accused persons using filthy language. The accused No.2 - 5 - HC-KAR NC: 2025:KHC-D:9384 CRL.P No. 102516 of 2025 has been granted regular bail by this Court in Criminal Petition No.100076/2024 by order dated 22.01.2024. 8. Petitioner aged about 23 years, having no criminal antecedent, is in custody for the last more than 2 years. His continued detention in jail amongst hardcore criminals is likely to have an adverse impact on his career and future prospects. It is not in dispute that the trial in the case is yet to commerce. The prosecution has in all cited 31 charge sheet witnesses in the present case and therefore the chances of case being disposed off on merits in the near soon is remote. Though CWs.9, 14 and 15 are said to be the eyewitnesses, the material on record would go to show that the statement of the said eyewitnesses were recorded in the present case, nearly after a period of 2 months from the date of the incident. 9. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of regular bail is answered in the affirmative. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-D:9384 CRL.P No. 102516 of 2025 ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5006 of 2024 pending before the Court of III Additional District and Sessions Court, Hasapete, Ballari District, arising out of Crime No.134 of 2023 registered by Hosapete Rural Police Station for offences punishable under Section 302 read with Section 34 of Indian Penal Code, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - HC-KAR NC: 2025:KHC-D:9384 CRL.P No. 102516 of 2025 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future. 5. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 28