- 1 - HC-KAR NC: 2025:KHC-D:11702 CRL.P No. 103402 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103402 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRISHAL S/O SIDARAI PUJERI, AGE. 24 YEARS, OCC. AGRICULTURE, R/O. ITANAL VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591 317. … PETITIONER (BY SRI. K. ANAND KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HARUGERI POLICE STATION, BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH, DHARWAD. … 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 THE PETITIONER/ACCUSED NO.2, ON BAIL IN CRIME NO.155/2024 REGISTER BEFORE HARUGERI POLICE STATION (AS PER CHARGE SHEET) OFFENCES PUNISHABLE UNDER SECTIONS 103, 238 R/W SECTION 3(5) OF BNS ACT, PENDING BEFORE SC NO.5054/2024 VII ADDL. DISTRICT AND SESSION COURT BELAGAVI SITTING AT: CHIKODI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11702 CRL.P No. 103402 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in S.C. No. 5054 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.155 of 2024 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103, 238 read with Section 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 read with Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.155 of 2024 was registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103, 238 read with Section 3(5) of BNS, 2023 against Sidaray Bhutali Pujeri and two others based on the first information dated 21.08.2024 received from Kareppa Parappa Kallolli. During the course of investigation, petitioner herein was arrested on 25.08.2024 and remanded to judicial custody. After completing - 3 - HC-KAR NC: 2025:KHC-D:11702 CRL.P No. 103402 of 2025 investigation, charge sheet has been filed against three persons and petitioner is arrayed as accused No.2 in the charge sheet. His father and brother are arrayed as accused Nos.1 and 3 respectively. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he is before this Court. 4. Learned counsel for the petitioner submits the entire case of the prosecution is based on circumstantial evidence. Accused No.3 has been granted regular bail by this Court in Criminal Petition Nos.102984 of 2025. Petitioner has no other criminal antecedent. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that accused No.2 has assaulted the deceased with a weapon, whereas no such allegation is found against accused No.3. Accordingly, she prays to dismiss the petition. 6. Deceased Kumar Yallappa Khilare is the son-in- law of accused No.1. Accused Nos.2 and 3 are sons of - 4 - HC-KAR NC: 2025:KHC-D:11702 CRL.P No. 103402 of 2025 accused No.1. Dead body of Kumar Yallappa Khilare was found on the banks of Ghataprabha on 11.08.2024 and based on the first information submitted by Kareppa Parappa Kallolli, the FIR was initially registered against unknown persons by Terdal Police Station, Belagavi for offences punishable under Sections 103, 238 of BNS, 2023. During the course of investigation, the identity of the deceased was established and thereafter accused No.1 in the present case was arrested and he allegedly confessed to the crime and it is in these circumstances, FIR in Crime No.155 of 2024 was registered by Harugeri Police Station, Belagavi, after the FIR in Crime No.91 of 2024 was transferred to the said Police Station on the ground of jurisdiction. Based on the confession statement of accused No.1, his sons accused Nos.2 and 3 were subsequently arrested and after completing investigation, charge sheet is filed against three persons. 7. Allegation in the charge sheet is that since deceased was insisting for a share in the property of the - 5 - HC-KAR NC: 2025:KHC-D:11702 CRL.P No. 103402 of 2025 accused, on 10.08.2024 at about 16:30 hours, accused No.1 had assaulted deceased with an axe on his head, while accused No.2 assaulted deceased with an iron rod on his body. Accused No.3 allegedly had held the legs of deceased. Undisputedly, the entire case of prosecution is based on circumstantial evidence. CW27 – Bhagyashree is the wife of deceased. Her statement under Section 164 of Cr.P.C. was recorded on 24.09.2024 in which she has stated that on 10.08.2024 she had seen the accused persons quarelling with her husband and assaulting him. However, she had not approached the Police after her husband was missing, and the FIR in the present case was initially registered on 21.08.2024, only after the first informant had found the dead body of an unknown person. Statement of CW27 and other material charge sheet witnesses have been recorded in the present case after one month from the date of registration of FIR. Petitioner, who has no other criminal antecedent, is in custody for the last more than one year. Accused No.3 has been granted regular bail by this Court in - 6 - HC-KAR NC: 2025:KHC-D:11702 CRL.P No. 103402 of 2025 Criminal Petition No.102984 of 2025. The trial in the case is yet to commence. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5054 of 2024 pending before the Court of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, arising out of Crime No.155 of 2024 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 103, 238 read with Section 3(5) of BNS, 2023, subject to the following conditions: i. The petitioner – accused 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:11702 CRL.P No. 103402 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 / CT: BCK LIST NO.: 1 SL NO.: 26