- 1 - HC-KAR NC: 2025:KHC-D:9465 CRL.P No. 102742 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102742 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: PRAKASH S/O. SHIVABASSU @ SHIVABASAPPA BENNALLI, AGE ABOUT 37 YEARS, OCC: AGRICULTURE, R/O: ITNAL VILLAGE, TQ: RAIBAG, DIST: BELAGAVI-591 317. … PETITIONER (BY SRI. ANAND KUMAR KASHAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA, HARUGERI POLICE STATION, REPRESENTED BY STATE ADDL. PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR RELEASE OF THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.200/2024 OF HARUGERI P.S. IN SC NO.5022/2025 ON THE FILE OF THE VII ADDL. SESSIONS JUDGE AT BELAGAVI SITTING AT CHIKKODI PUNISHABLE UNDER SECTIONS 302, 201, 364 AND 120B R/W SECTION 34 OF THE IPC, IN THE INTEREST OF JUSTICE AND EQUITY. 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 11:44:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9465 CRL.P No. 102742 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No.5022/2025 pending before the Court of VII Additional Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.200/2024 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 201, 364 and 302 read with Section 34 of IPC, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.200/2024 was registered by Harugeri Police Station, Belagavi initially for offences under Sections 201, 364 and 302 read with Section 34 of IPC against the petitioner and two others based on the first information dated 14.11.2024 received from Smt.Paravva Basappa Kambar, mother of deceased Mallappa Basappa Kambar. During the course of investigation, the petitioner was arrested on 16.11.2024 - 3 - HC-KAR NC: 2025:KHC-D:9465 CRL.P No. 102742 of 2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against all the three accused named in the FIR. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl. Misc. No.5100/2025 was rejected on 19.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that case of the prosecution is based on circumstantial evidence. Accused Nos.2 and 3 have been granted bail by the coordinate Bench of this Court in Criminal Petition No.102367/2025 and Criminal Petition No.102127/2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the bail petition does not dispute the submission made by learned counsel for the petitioner. She however submits that petitioner had a strong motive against the deceased since the petitioner had illicit relationship with accused No.3, wife of deceased. Accordingly, she prayed to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC-D:9465 CRL.P No. 102742 of 2025 6. The first informant, who is the mother of the deceased had approached Harugeri Police Station on 14.11.2024 and had submitted her first information alleging that accused No.1 had illicit relationship with accused No.3, wife of her son Mallappa Basappa Kambar. After coming to know about the same, Mallappa Basappa Kambar had advised his wife and therefore, accused Nos.1 and 3 along with accused No.2 had kidnapped Mallappa Basappa Kambar on 22.12.2023 and had committed his murder and thereafter disposed of his dead body in Krishna River. During the course of investigation, accused Nos.1 to 3 were arrested and after completing investigation, charge sheet has been filed. In the charge sheet, it is alleged that after the deceased advised his wife, who had an illicit relationship with accused No.1, accused Nos.1 to 3 conspired to commit the murder of the deceased. On 21.12.2023, accused Nos.1 and 2 took the deceased, Mallappa Basappa Kambar, with them on the pretext of consuming alcohol. They consumed alcohol - 5 - HC-KAR NC: 2025:KHC-D:9465 CRL.P No. 102742 of 2025 together at Adarsh Bar and Restaurant and thereafter took the deceased to the bank of the Krishna river. There they allegedly strangulated the neck of the deceased and committed his murder. Subsequently, the dead body of the deceased allegedly was disposed of into the bank of Krishna river. 7. The entire case of the prosecution is based on circumstantial evidence. Though the deceased was found missing from 22.12.2023, the FIR in the present case was registered on 14.11.2024, which is after a lapse of more than ten months. Accused No.2, as against whom similar allegation is made in the charge sheet, has been granted regular bail by the Coordinate Bench of this Court in Crl.P. No.102376/2025 and accused No.3 has also been granted regular bail in Crl.P. No.102127/2025. Undisputedly, the petitioner has no other criminal antecedents. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular - 6 - HC-KAR NC: 2025:KHC-D:9465 CRL.P No. 102742 of 2025 bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5022/2025 pending before the Court of VII Additional Sessions Judge, Belagavi, sitting at Chikkodi arising out of Crime No.200/2024 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 201, 364 and 302 read with Section 34 of IPC, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. 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:9465 CRL.P No. 102742 of 2025 iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. 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 RSH & VNP / CT: BCK List No.: 1 Sl No.: 28