- 1 - HC-KAR NC: 2025:KHC-D:16531 CRL.P No. 104436 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.104436 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. MALLAPPA S/O. SADASHIV UPPAR, AGE. 32 YEARS, OCC. AGRICULTURE, R/O. HARUGERI VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591220. …PETITIONER (BY SRI. VIDYASAGAR PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. (THROUGH P.S.I. HARUGERI P.S) …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOWED AND PETITIONER/ACCUSED MAY BE RELEASED ON BAIL IN HARUGERI P.S. CRIME NO.141/2023 (S.C. NO.5071/2023) FOR OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC WHICH IS PENDING BEFORE VII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI AT CHIKKODI AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16531 CRL.P No. 104436 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This petition is filed by the petitioner who is the sole accused in Crime No.141/2023, seeking grant of bail for the offences punishable under Section 302 of I.P.C. Factual matrix of the case: 2. The case of the prosecution is that the complainant Sri. Shivappa Kalappa Madalagi who is the father-in-law of the petitioner/accused, aged about 70 years lodged a complaint before the respondent – police stating that he has performed the marriage of his daughter Rukmavva along with the petitioner. In the said wedlock, the couple had two children. 3. It is further stated that the petitioner herein was the adopted son of Lakshmana Siddappa who is none other than the uncle of the petitioner. The said Lakshmana Siddappa had two wives viz., Bangarevva and Sushilavva. The said Lakshmana Siddappa and his second wife - Sushilavva both had died naturally. Due to the death, the Bangarevva had to stay in her parents’ house situated at Rabakavi. - 3 - HC-KAR NC: 2025:KHC-D:16531 CRL.P No. 104436 of 2025 4. It is further stated that he had possessed 13 guntas of land. There was a dispute between the petitioner and his aunt Bangarevva in respect of the said land. However, the matter was pending before the learned Additional Civil Judge and JMFC, Rayabag in O.S.No.1074/2014. 5. It is further stated that the elders, after conducting panchayat directed the petitioner to pay a sum of Rs.6,50,000/- towards the share of the land to the said Bangarevva. The deceased Rukmavva was not happy about the decision of the panchayath and she used to quarrel with the petitioner in that regard. 6. On 21.06.2023 around about 09.30 p.m., the petitioner is stated to have committed murder of the said Rukmavva by putting the size stone on her head. Consequently, Rukmavva died due to the said assault. Hence, a complaint came to be registered against the petitioner. Based on the complaint, the respondent-police registered a case in Crime No.141/2023 against the petitioner. After completion of investigation, charge-sheet was submitted for the aforesaid offence. - 4 - HC-KAR NC: 2025:KHC-D:16531 CRL.P No. 104436 of 2025 7. Heard learned counsel Sri. Vidyasagar Patil for the petitioner and learned High Court Government Pleader Sri. Praveena Y. Devaraddi for the respondent - State. 8. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offence. This is the second successive bail application filed under the changed circumstances. The eyewitnesses to the incident viz., P.Ws.9 to 11 have turned hostile and did not support the case of the prosecution. The complainant who is the father-in-law of the petitioner/accused has also turned hostile partly. Almost, all the witnesses have been examined by the prosecution. Only one witness is remaining for the examination. Under such circumstances, the petitioner may be enlarged on bail by imposing suitable conditions by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the appeal. 9. Per Contra, learned High Court Government Pleader, vehemently, submitted that the prosecution has examined almost all the witnesses, only one witness has to be examined and trial would be concluded within one month. Therefore, a - 5 - HC-KAR NC: 2025:KHC-D:16531 CRL.P No. 104436 of 2025 suitable directions may be given to the trial to consider the bail application. Such being the fact, if the petitioner is enlarged on bail, there may be chances of threatening the witnesses. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Having heard learned counsel appearing for the respective parties and on perusal of the averments of the charge-sheet and the depositions of the witnesses furnished along with the petition, it appears from the record that though the eye-witnesses to the incident, viz., P.Ws. 9 to 11 have turned hostile, the fact remains that as per the submission of learned counsel for the petitioner only one witness has to be examined i.e., photographer-C.W.24. Under such circumstances, it is not appropriate to grant bail to the petitioner/accused. Hence, it is appropriate to reject the bail with a direction to the Trial Court to expedite the Trial at the earliest. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:16531 CRL.P No. 104436 of 2025 ORDER i. The Criminal Petition stands rejected. ii. The Trial Court is directed to expedite the trial and conclude the same at the earliest and pass suitable order in accordance with law within a period of 3 months from the date of receipt of this order. iii. The Registry is directed to communicate this Order to the Trial Court, forthwith. Sd/- (S.RACHAIAH) JUDGE NM/JS List No.: 1 Sl No.: 25