- 1 - HC-KAR NC: 2025:KHC-D:11130 CRL.P No. 103230 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103230 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. NEELAPPA S/O MAHADEV KARAVALLI, AGE. 23 YEARS, OCC. AGRICULTURE, R/O. BIRANAL-591 317, TAL. RAIBAG, DIST. BELAGAVI. … PETITIONER (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, RAIBAG POLICE STATION, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, PIN-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 ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEM IT FIT IN RAIBAG PS CRIME NO.368/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61, 140 AND 3(5) OF BNS 2023 IN SO FAR AS PRESENT PETITIONER/ACCUSED NO.1 IS CONCERNED, 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:11130 CRL.P No. 103230 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.368/2024 registered by Raibag Police Station, Belagavi district for offences punishable under Sections 103(1), 238, 61, 140 read with Section 3(5) BNS 2023 is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.368/2024 was registered by Raibag Police Station, Belagavi district for the aforesaid offences based on the first information dated 27.12.2024 received from Vasant Karavalli, brother of deceased Beerappa Siddappa Karavalli. During the course of investigation, petitioner who was arrayed as accused No.1 was arrested in the present case on 07.12.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons for the aforesaid offences and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.5227/2025 was rejected on 23.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:11130 CRL.P No. 103230 of 2025 4. The material on record would go to show that after the dead body of the deceased Beerappa was found on the railway track near the Raibag railway station on 02.12.2024, initially UDR case in UDR No.56/2024 was registered. Subsequently, since brother of deceased suspected foul play in the death of deceased Beerappa, he had filed a complaint before the Belagavi Railway Police Station on 06.12.2024 which had resulted in registering FIR in Crime No.46/2024 against the petitioner and Smt.Surekha, who is the wife of deceased Beerappa. The said FIR was subsequently transferred for want of jurisdiction to Raibag Police Station, Belagavi and was numbered in Crime No.368/2024 against accused Nos.1 to 4. 5. In the said case, investigation is completed and charge sheet has been filed against all the accused who are named in Crime No.368/2024. The allegations in the charge sheet is that accused Nos.1 and 2 were in illicit relationship and after coming to know about the same, deceased Beerappa who was the husband of the accused No.2 had opposed the same. Therefore, accused Nos.1 and 2 had ill-will against the deceased. On 01.11.2024 accused Nos.1 to 4 had conspired to commit the - 4 - HC-KAR NC: 2025:KHC-D:11130 CRL.P No. 103230 of 2025 murder of Beerappa. In furtherance of the said conspiracy, on 02.12.2024 accused Nos.1, 3 and 4 had taken Beerappa along with them on the pretext of consuming alcohol and thereafter they had together consumed alcohol in a vacant site and also had dinner in a dhaba. Subsequently, accused Nos.1, 3 and 4 had taken Beerappa along with them to the land bearing Sy.No.79/2 within the jurisdiction of Raibag Police Station and in the said land they had committed the murder of Beerappa. It is alleged that accused No.1 had assaulted the deceased with a stone on his head and face, while accused Nos.3 and 4 had assaulted him with their hands. Undisputedly entire case of the prosecution is based on circumstantial evidence. The dead body of the deceased was found on 02.12.2024, and thereafter, a UDR case was registered. It is only after four days, the brother of the deceased had suspected foul play in the death of deceased Beerappa, and had filed a complaint before the Belagavi Railway Police Station. 6. The allegations found against the accused persons are required to be proved in a full-fledged trial. Accused no.2 is said to have been released on bail by the jurisdictional Sessions - 5 - HC-KAR NC: 2025:KHC-D:11130 CRL.P No. 103230 of 2025 Court in Crl. Misc. No.42/2025 disposed of on 01.02.2025. Petitioner who has no other criminal antecedents is in custody for the last nearly 10 months. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of regular bail is required to be considered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.368/2024 registered by Raibag Police Station, Belagavi district for offences punishable under Sections 103(1), 238, 61, 140 read with Section 3(5) BNS 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC-D:11130 CRL.P No. 103230 of 2025 d) The petitioner shall not involve in similar offences in future; e) 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, KK CT:BCK LIST NO.: 1 SL NO.: 33