- 1 - HC-KAR NC: 2025:KHC-D:16489 CRL.P No. 104261 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104261 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: CHANNAPPA S/O. CHANNABASAPPA BALAGI, AGE ABOUT 27 YEARS, OCC. AGRICULTURE, R/O. PATRESHWAR NAGAR, 2ND CROSS, KAMALAPUR, DHARWAD-580008. …PETITIONER (BY SRI. PRAVEEN HUCHARADDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SUB URBAN P.S. DHARWAD, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION, ENLARGE THE PETITIONER (ACCUSED NO.1) ON REGULAR BAIL IN CRIME NO.70/2020 REGISTERED BEFORE SUB-URBAN POLICE STATION DHARWAD AND WHICH IS NOW PENDING AS S.C.NO.70/2020 BEFORE THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, FOR OFFENCES Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16489 CRL.P No. 104261 of 2025 PUNISHABLE UNDER SECTIONS 302, 109, 504, 506 R/W 34 OF IPC AGAINST PETITIONERS/A1 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. This is forth bail application filed by the petitioner who is arrayed as accused No.1 seeking for regular bail in Crime No.70/2020 of respondent-police for the offences under Sections 302, 109, 504, 506 read with Section 34 of the Indian Penal Code, 1860, pending in SC No.70/2020 on the file of IV Additional District and Sessions Judge, Dharwad1. Brief facts of the case: 2. The case of the prosecution is that, the complainant is the wife of the deceased, she lodges a complaint stating that her husband was a handicapped person. The cousin of her husband namely Channabasappa, Gangadhar and Virupaxappa were demanding to give up the 1 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:16489 CRL.P No. 104261 of 2025 rights over the property to them. There were number of cases filed against the cousins of her husband. They were threatening the complainant and her husband and insisting the husband of the complainant to withdraw all the cases filed against them. Channabasappa came to the house of the complainant and threatened her husband that he would eliminate him. 3. On 15.05.2025 around about 9.30 p.m., again Channabasappa came to the house of the complainant and scolded the husband of the complainant and asked him to come out of the house. However, on that day no incident had taken place except scolding the complainant and her husband. Thereafter, around about 12.30 p.m., when her husband went out of the house, Gangappa Balagi/ accused No.1 apprehended her husband and scolded in a filthy language and asked him to put his signature to the papers relating to the property. When the husband of the complainant refused to sign the papers, he was assaulted with stone on his head. Though, the complainant and her - 4 - HC-KAR NC: 2025:KHC-D:16489 CRL.P No. 104261 of 2025 daughter came to rescue the deceased, in the meantime, the husband of the complainant had been assaulted by the accused with stone and crowbar. As a result of which, the deceased died. A complaint was lodged against the accused before the respondent-police. 4. The respondent-police after conducting investigation, submitted the charge sheet. The trial is under progress. Some of the witnesses have been examined. The material witnesses namely PW8 and PW10 have been examined. 5. Heard Sri. Praveen Hucharaddi, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 6. It is the submission of the learned counsel for the petitioner that, the dispute between the deceased and the accused has been existed in respect of immovable properties. Many a times the case and counter cases were registered against each other. - 5 - HC-KAR NC: 2025:KHC-D:16489 CRL.P No. 104261 of 2025 7. It is further submitted that, the petitioner being one of the accused has committed murder of the husband of the complainant. The complainant and her daughter are the eyewitnesses to the incident. However, their evidence cannot be believable as they are the related witnesses. Making such submissions, he prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner and others have assaulted the handicapped person i.e., deceased and killed him. The eyewitnesses namely complainant and her daughter have supported the case of the prosecution. At this juncture, if the petitioner is enlarged on bail, there may be chances of committing similar offence. Hence, the application has to be rejected. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet and also the evidence of PW8 and PW10 who - 6 - HC-KAR NC: 2025:KHC-D:16489 CRL.P No. 104261 of 2025 are the eyewitnesses to the said incident, makes it clear that the incident had occurred on account of civil dispute between the cousins. However, the allegation against the present petitioner is that, he assaulted the deceased. On perusal of the averments of the charge sheet it would indicate that, the present petitioner had not assaulted on vital parts of the deceased. 10. Having considered the said facts and circumstances of the case and also overt acts of the petitioner, it is appropriate to grant him bail by imposing suitable conditions. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.70/2020 of respondent-police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One - 7 - HC-KAR NC: 2025:KHC-D:16489 CRL.P No. 104261 of 2025 Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 16