- 1 - HC-KAR NC: 2025:KHC-D:13931 CRL.P No. 103727 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103727 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. SIDDAPPA S/O. LAXMANNA KURI, AGE. 32 YEARS, OCCUPATION. AGRICULTURE, R/O. MALLAPUR P L VILLAGE, TQ. MUDHOL, DIST. BAGALKOT, PIN-587101. …PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, LOKAPUR P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD PIN-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO RELEASE HIM ON BAIL IN S.C. NO.10082/2025 ARISING OUT OF LOKAPUR POLICE CRIME NO.36/2025 PENDING ON THE FILE OF THE III- ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT SITTING AT MUDHOL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61 (2), 103(1), 238, 315 R/W SECTION 3 (5) OF BNS-2023., IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13931 CRL.P No. 103727 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) The petitioner is arraigned as accused No.1 is before this Court seeking regular bail in Crime No.36/2025 of Lokapur Police Station for the offences punishable under Sections 61(2), 103(1), 238 and 315 r/w. Section 3(5) of Bharatiya Nyaya Sanhita, 20231, pending on the file of III- Additional District and Sessions Judge, Bagalkote. The factual matrix of the case; 2. The petitioner is the brother-in-law of the deceased Savita. Her husband was died in the Judicial Custody while he was serving Sentence in POCSO case. The property of deceased Savita was being managed by accused Nos.1 and 2. The petitioner used to take the deceased 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:13931 CRL.P No. 103727 of 2025 Savita to the Bank and other offices for the purpose of executing certain documents. 3. It is alleged that on 20.03.2025 at about 12:00 noon the petitioner took the deceased on his motorcycle on the pretext of taking her to the Bank to execute some documents. He took her to the form house in Sy.No.57/3. Accused No.2 held the hands of the deceased and accused No.1 committed her murder by strangulating with jute rope. After committing murder, he took her ear-rings and threw her dead body and mobile into the Ghataprabha River right bank canal with an intention to destroy the evidence. 4. Hence, a complaint was filed against the petitioner suspecting his involvement. The respondent/Police after conducting investigation submitted the charge-sheet. 5. It is the submission of the learned counsel for the petitioner that, the entire case is based on the circumstantial evidence. The petitioner has been falsely implicated in this case and he is innocent of the alleged - 4 - HC-KAR NC: 2025:KHC-D:13931 CRL.P No. 103727 of 2025 offences. The accused No.2 who is the son-in-law of the deceased Savita was looking after the property. Hence, there is no question of grabbing the property by killing the deceased Savita. It is further submitted that the petitioner is aged about 32 years and is an agriculturist. The entire family is depending on his income and he is the permanent resident of Mallapur P L village of Mudhol Taluk, Bagalkot District and he will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner who is the prime accused was taking the deceased Savita on his motorcycle on the pretext of taking her to Bank for the purpose of availing loan and committed her murder by taking her ear-rings and kept the said ear-rings in the Bank. 7. It is further submitted that there are material to show that he had committed the murder of the deceased - 5 - HC-KAR NC: 2025:KHC-D:13931 CRL.P No. 103727 of 2025 Savita. Therefore, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the charge-sheet, it appears from the records that, initially a case came to be registered against the petitioner suspecting his involvement. However, subsequently during investigation, it reveals that the petitioner herein and another accused who is the son-in-law of the deceased stated to have killed the deceased as the deceased had an illicit relationship with one Vishwanath Belavatti. 9. Be that as it may, the entire case is based on the circumstantial evidence. Though, the prosecution established that the ornaments of the deceased were recovered at the instance of the petitioner which was pledged in the Bank, the fact remains that it was standing in the name of the friend of the petitioner. Mere recovery of the ornaments stated to be pledged in the Bank in the name of the friend of the petitioner, is not sufficient to reject the - 6 - HC-KAR NC: 2025:KHC-D:13931 CRL.P No. 103727 of 2025 bail at this stage. Therefore, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 10. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.36/2025 of Lokapur Police Station for the offences punishable under Sections 61(2), 103(1), 238 and 315 r/w. Section 3(5) of BNS, 2023 pending on the file of III-Additional District and Sessions Judge, Bagalkote, on executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] with one surety to the satisfaction of the Trial Court subject to following conditions; a) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:13931 CRL.P No. 103727 of 2025 b) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. c) The petitioner shall co-operate with the investigation till filing of the final report. d) The petitioner shall not commit similar or any other offences till filing of the charge-sheet. Sd/- (S.RACHAIAH) JUDGE PJ, CT: UMD List No.: 1 Sl No.: 44