- 1 - HC-KAR NC: 2025:KHC-D:17832 CRL.P No. 104373 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104373 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. VASUDEV SAHADEV NAIK, AGED ABOUT 37 YEARS, OCC. AGRICULTURE, R/O. NEAR HANUMAN TEMPLE, AT. KHANADAL, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONER (BY SRI. ASHOK R.KALYANASHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HARUGERI P.S., BY IT’S STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT BENCH PREMISES, DHARWAD-580001. …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, ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN HARUGERI PS CR.NO.31/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 120B, 363, 364, 302 R/W 149 OF IPC SC NO.5044/2025 PENDING ON THE FILE OF VII ADDL. DIST. AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17832 CRL.P No. 104373 of 2025 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. The petitioner is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.31/2023 of respondent/Police for the offence under Sections 143, 147, 148, 120(B), 363, 364, 302, 201 r/w. 149 of Indian Penal Code, 18601. Brief facts of the case; 2. The case of the prosecution is that, the complainant namely Bhupala Basappa Ajure lodges a complaint stating that, he was kidnapped and confined by the petitioner and others. During his stay as a detenue, he was told that, his son Balappa was killed by the petitioner and others and also he was further informed that, the dead 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:17832 CRL.P No. 104373 of 2025 body of his son was thrown into the Ghat and causing disappearance of the said dead body. 3. Based on the said complaint, the respondent/Police registered a case and after conducting the investigation, submitted the charge-sheet. 4. Heard Sri.Ashol.R.Kalyanshetty, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 5. The submission of the learned counsel for the petitioner is that, the allegations made against the petitioner is baseless and untenable for the reasons that, the complainant filed a complaint based on the statement made before him by the accused. Therefore, the dead body of the son of the complainant has not been traced. Such being the position, keeping the petitioner in Judicial Custody would not serve any purpose. Therefore, he may be enlarged on bail by imposing suitable conditions. Making - 4 - HC-KAR NC: 2025:KHC-D:17832 CRL.P No. 104373 of 2025 such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that the petitioner and others had formed unlawful assembly and kidnapped the complainant by stating that his son had borrowed amount from the petitioner and it was not repaid. In the said context, the complainant was confined and ransom was demanded. As per the statement of the wife of the complainant, partial amount was paid as demanded by the petitioner. The act of the petitioner in committing the murder of son of the complainant would indicate the gravity and veracity of the case. Therefore, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and charge-sheet, it indicates that, the - 5 - HC-KAR NC: 2025:KHC-D:17832 CRL.P No. 104373 of 2025 complainant lodged a complaint stating that his son was killed by the petitioner and others. However, as per the averments of the charge-sheet, the body was not traced and overt-act of the petitioner cannot be explained under the said circumstance. Therefore, it is appropriate to grant bail by imposing suitable conditions. 8. 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.31/2023 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; - 6 - HC-KAR NC: 2025:KHC-D:17832 CRL.P No. 104373 of 2025 (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not involve in any criminal case 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 PJ/CT: UMD List No.: 1 Sl No.: 18