- 1 - HC-KAR NC: 2025:KHC-D:14570 CRL.P No. 103735 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103735 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: AJIT RAVASAB KATRAL, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. NANDAGAON, TQ. ATHANI, DIST. BELAGAVI. …PETITIONER (BY SRI. L.S. SULLAD, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CPI, ATHANI PS, BELAGAVI, REP. BY HGP DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE ABOVE SAID ACCUSED ON REGULAR BAIL IN ATHANI P.S. CRIME NO.141/2023, SC NO.10112/2024 ON THE FILE OF IX ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14570 CRL.P No. 103735 of 2025 ATHANI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 341, 504, 201 OF IPC 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. The petitioner has moved successive bail application for grant of regular bail in Crime No.141/2023 for the offence under Sections 302, 341, 504 and 201 of the Indian Penal Code, 18601, registered by the respondent- police. Brief facts of the case: 2. The case of the prosecution is that, on 16.04.2023 the husband of the complainant, deceased Jyotiba went to Athani on his motorcycle to purchase clothes. However, he did not return home till in the evening. When the complainant called him over mobile phone, he replied that, he would be at home within half an hour. 1 For short, ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:14570 CRL.P No. 103735 of 2025 However, he did not come within half an hour as he has promised. Again, she called him over phone. However, he did not respond. The complainant brought to the notice of the neighbours about the incident. All the relatives made repeated calls to the deceased and started searching whereabouts of the deceased. 3. On 17.04.2023 at about 12.00 noon, one Mahadev had informed to the complainant that one dead body was lying in the plot situated on Athani-Katageri road. All of them went there and found the dead body of Jyotiba along with his motorcycle. On seeing the dead body, they found that there were several head injuries and one stone was found near the head of the deceased. His footwear and spectacles were lying beside the dead body. Thereafter, the complaint was filed before the respondent-police. The respondent-police conducted investigation and submitted the charge sheet. - 4 - HC-KAR NC: 2025:KHC-D:14570 CRL.P No. 103735 of 2025 4. Heard Sri. L.S. Sullad, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader of respondent – State. 5. The learned counsel for the petitioner submitted that, the petitioner has been falsely implicated in this case and he is innocent of the alleged offences. The Investigating Officer filed the charge sheet against the accused. The prosecution examined 14 witnesses. PW1 to PW14 have turned hostile. PW15 to PW19 are also not supported the case of the prosecution. The evidence of doctor and the police officers are left over. When all the material witnesses have turned hostile, the possibility of conviction would be very bleak. Under such circumstances, keeping him in judicial custody for a longer period would not serve any purpose. Having said thus, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent – State vehemently submitted that this is successive bail application. Even though, it is filed - 5 - HC-KAR NC: 2025:KHC-D:14570 CRL.P No. 103735 of 2025 under the changed circumstances, the fact remains that, the petitioner had committed heinous offence. Though, several witnesses have turned hostile, the fact remains that, the evidence of solitary witness is sufficient to record the conviction. Under such circumstances, if the petitioner is release on bail, there would be chances of tampering the remaining witnesses. Moreover, the earlier bail applications were rejected not only by this Court, but also, by the Hon'ble Supreme Court. Hence, it is appropriate to reject the bail. 7. Having heard the learned counsel for the respective parties and also perused the depositions made available along with the petition, it appears that, PW1 to PW4 have turned hostile and not supported the case of the prosecution. In fact, all the witnesses of seizure mahazar have turned hostile and not supported the case of the prosecution. When the case is based on circumstantial evidence and all the witnesses have turned hostile, without - 6 - HC-KAR NC: 2025:KHC-D:14570 CRL.P No. 103735 of 2025 adverting to the merits of the case, it is appropriate to grant bail considering the changed circumstances. 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.141/2023 of Athani Police Station, for the offences under Sections 302, 341, 504 and 201 of IPC, on executing personal bond in a sum of Rs.1,00,000/- 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 not leave the jurisdiction of the Court till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:14570 CRL.P No. 103735 of 2025 (v) The petitioner shall appear before the Trial Court on all dates of hearing without fail. 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.: 44