- 1 - HC-KAR NC: 2025:KHC-D:14175 CRL.P No. 103747 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103747 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SRI SANNASOMAPPA @ GUNDAPPA S/O. HANAMAPPA GONAL @ KURI AGE. 65 YEARS, OCC. AGRICULTURE, 2. SRI HANAMANT S/O. BASAPPA GONAL, AGE. 36 YEARS, OCC. AGRICULTURE, BOTH ARE R/O: NANDAWADAGI VILLAGE, TQ. ILKAL, DIST. BAGALKOT-587125. …PETITIONERS (BY SRI SANTOSH B.MALAGOUDAR, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH PSI, ILKAL RURAL POLICE STATION, REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD-580011 …RESPONDENT (BY SRI PRAVEEN Y. DEVAREDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ENLARGE THE ACCUSED ON REGULAR BAIL ON SUCH TERMS AND Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14175 CRL.P No. 103747 of 2025 CONDITIONS AS DEEMED FIT, IN ILAKAL RURAL P.S. CRIME NO.56/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 61(2), 238 AND 190 OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE, INSOFAR AS PRESENT PETITIONERS/ACCUSED NOS.1 AND 3 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners who are arraigned as accused Nos.1 and 3 as per the charge sheet are before this Court seeking for regular bail in Crime No.56/2025 of the respondent police, pending on the file of Principal District and Sessions Judge, Bagalkote, for the offences punishable under Sections 103(1), 189(2), 190, 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution is that the petitioners and the complainant are brothers of the same family. There is a dispute in respect of landed property bearing R.S.No.418, 398/2 and 397/2. These properties were acquired by the NHAI and amount was deposited in the - 3 - HC-KAR NC: 2025:KHC-D:14175 CRL.P No. 103747 of 2025 bank of the petitioner No.1. The complainant and others claimed share over the amount deposited by the authority. There was a rift between the two groups of the same family in respect of allotment of share and also distribution of the amount. It is stated that on 12.05.2005 around about 11.00 to 11.20 a.m. the complaint’s family members were cultivating the land and were working in the land which belongs to them. At that time, all the petitioners and others entered into the said land by taking a tractor and started ploughing the land. When the wife of the complainant and son of the complainant tried to stop them, they assaulted with lethal weapon like Axe and committed their murder. The said fact was made known to the complainant over a phone by the deceased. Later, he lodges a complaint. The respondent police after conducting investigation submitted the charge sheet. Now, the petitioners are in custody from the date of their arrest. 3. Heard the arguments of Sri Santosh B. Malagoudar, learned counsel for the petitioners and - 4 - HC-KAR NC: 2025:KHC-D:14175 CRL.P No. 103747 of 2025 Sri Praveen Y. Devaraddi, learned HCGP for the respondent State. 4. The submission of the learned counsel for the petitioners is that accused Nos.1 and 3 are the petitioners before this Court in this case. Though, there are certain allegations made against them that they have assaulted with axe and committed murder of the wife and son of the complainant, the fact remains that, the entire case is based on circumstantial evidence. The overtact against the petitioners has not been attributed. The so-called eyewitness who is charge sheeted as CW.15 has stated in her statement that there were four persons assaulted her mother-in-law and brother-in-law and committed their murder. However, in the complaint there are eight members. There are discrepancies and contradictions in the statements between the complainant and the eyewitnesses and also there is a delay in recording the statement of the so called eye-witness. Petitioners are having merit in the - 5 - HC-KAR NC: 2025:KHC-D:14175 CRL.P No. 103747 of 2025 case. Therefore, they may be enlarged on bail by imposing suitable conditions. 5. Per contra, learned HCGP vehemently opposes the said submissions and he further submitted that two persons have died in the said incident. The motive has been proved as per the charge sheet. The motive behind the said murder is the distribution of amount deposited by the Highway Authority and also the distribution of property among the brothers. Eye-witness CW.15 categorically made a statement before the police that the petitioners had assaulted with axe and committed murder of the deceased. Since it is a case of murder, which had taken place in front of the eyewitness, it is not appropriate to grant them bail. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it emerges from the record that there is a dispute between the family of the complainant and the petitioners in respect of distribution of amount which had - 6 - HC-KAR NC: 2025:KHC-D:14175 CRL.P No. 103747 of 2025 been deposited by the NHAI for having acquired the lands bearing R.S.No.418, 398/2 and 397/2. On 12.05.2018 around about 11.00 to 11.20 a.m., the petitioners herein stated to have assaulted with axe and committed murder of the wife and son of the complainant in front of the eyewitness CW.15. On going through the statement of CW.15 which was recorded on 22.05.2025, it appears that, she had witnessed the incident. According to her, there were four persons assaulted and committed murder of the deceased. However, the complainant lodged complaint against eight persons. Having considered the dispute and the statement of the complainant, it is appropriate to grant bail by imposing certain conditions. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioners who are accused Nos.1 and 3 are ordered to be enlarged on bail in Crime No.56/2025 of the - 7 - HC-KAR NC: 2025:KHC-D:14175 CRL.P No. 103747 of 2025 respondent police, pending on the file of Principal District and Sessions Judge, Bagalkote, on executing their personal bonds for a sum of ₹1,00,000/- (One Lakh Rupees) each along with one surety each for the like sum, to the satisfaction of the Trial Court. iii) The petitioners shall not threaten the prosecution witnesses. iv) The petitioners shall appear before the Court on all hearing dates without fail. v) The petitioners shall not commit any or similar offences till disposal of the case. vi) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 15