- 1 - HC-KAR NC: 2025:KHC-D:9033 CRL.P No. 102336 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.102336 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SUKHADEV S/O. MAHADEV BHOSALE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. DHABADHABAHATTI, TQ. ATHANI, DIST. BELAGAVI, PIN CODE: 591304. …PETITIONER (BY SHRI MAHANTESH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH AIGALI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (U/S.482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 IN AIGALI POLICE STATION IN CRIME NO.75/2024 IN C.C. NO.2148/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 302, 504, 506 R/W. 34 OF THE IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, ATHANI, BELAGAVI, THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9033 CRL.P No. 102336 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Mahantesh S.Hiremath, learned counsel for the petitioner and Smt. Kirtilatha Patil, learned High Court Government Pleader for respondent– State. 2. The petitioner/accused No.2 has filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant anticipatory bail in C.C.No.2148/2024, on the file of learned Principal Civil Judge and JMFC., Athani in connection with Aigali P.S. Crime No.75/2024 for the offences punishable under Sections 109, 302, 504, 506 read with Section 34 of Indian Penal Code. 3. Brief facts of the prosecution case are as under: The de facto complainant lodged a complaint against the petitioner/accused No. 2 and accused No.1 alleging that on 09.04.2024, accused No. 1 assaulted the husband of the complainant on the head with a heavy stone while - 3 - HC-KAR NC: 2025:KHC-D:9033 CRL.P No. 102336 of 2025 he was sleeping under a tree behind Renuka Bar, on the instigation of the petitioner/accused No. 2. Hence, the de facto complainant lodged complainant against the accused persons, which led to registration of FIR and initiation of investigation. 4. Apprehending his arrest at the hands of respondent/police, the petitioner/accused No.2 preferred this anticipatory bail petition. 5. Learned counsel for the petitioner contended that he is innocent and he has been falsely implicated in this case. The entire allegation is against accused No.1 and not against the present petitioner. At the time of incident, the petitioner was not present at the spot. There is a civil dispute between the family of deceased and petitioner. The petitioner is aged about 61 years, his health condition was not good and he is not having any criminal antecedents. The petitioner is ready to abide by the conditions to be imposed by this Court. Hence, prayed for allowing the petition. - 4 - HC-KAR NC: 2025:KHC-D:9033 CRL.P No. 102336 of 2025 6. Per contra, learned High Court Government Pleader contended that petitioner is involved in the offence punishable under Section 302 of IPC and there is a prima facie case against him. If accused No.2 is released on bail, he may tamper with the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail, hence, prayed for rejection of the petition. 7. Perused the material available on record. 8. The Investigating Officer after completion of the investigation, has filed the charge-sheet. The material on record clearly discloses that the petitioner/accused No.2 and the deceased are the brothers, there was civil litigation between both the parties, hence, accused No.2 instigated accused No.1 to commit murder of the deceased, who was the uncle of accused No.1 and the brother of accused No.2. The charge sheet further reveals that at the time of commission of the offence, the petitioner/accused No.2 was not present at the spot. The - 5 - HC-KAR NC: 2025:KHC-D:9033 CRL.P No. 102336 of 2025 petitioner/accused No.2 was an instigator. On perusal of the entire prosecution papers, there is no material against accused No.2 to attract Section 302 of IPC at this juncture. The main allegation is against accused No.1. 9. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the following: ORDER The petition filed under Section 438 of Cr.P.C., is allowed. The petitioner/accused No.2 is ordered to be enlarged on anticipatory bail, in the event of his arrest by the respondent-police in C.C.No.2148/2024, on the file of - 6 - HC-KAR NC: 2025:KHC-D:9033 CRL.P No. 102336 of 2025 learned Principal Civil Judge and JMFC., Athani in connection with Aigali P.S. Crime No.75/2024, on his execution of personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner shall not tamper with the prosecution witnesses and shall not threaten the prosecution witnesses directly or indirectly; ii) The petitioner shall be regular in attendance before the trial Court without fail; iii) He shall not involve himself in similar or any other offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 22