- 1 - HC-KAR NC: 2025:KHC-D:13030 CRL.P No. 102737 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102737 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI NANDEESHA @ NANDISHA BASAVANAL S/O JATHAPPA BASAVANAL, AGE. 35 YEARS, OCC. FARMER, R/O. CHIGATERI VILLAGE, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA-583 127. … PETITIONER (BY SRI. SABEEL AHMED DARVESHU, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, CHIGATERI POLICE STATION, NOW REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, 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.2 ON REGULAR BAIL IN CRIME NO.64/2023 OF CHIGATERI POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 498A, 34 OF I.P.C., PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE IN S.C. NO.5011/2024, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13030 CRL.P No. 102737 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in S.C. No.5011 of 2024 pending before the Court of III Additional District and Sessions Judge, Ballari (sitting at Hosapete), arising out of Crime No.64 of 2023 registered by Chigateri Police Station, Vijayanagara District for offences punishable under Sections 302, 498A read with 34 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.64 of 2023 was registered by Chigateri Police Station, Vijayanagara District initially for offence punishable under Section 302 read with Section 34 of IPC against Jathappa and the petitioner herein. During the course of investigation, petitioner, who is arrived as accused No.2 in the FIR was arrested on 08.10.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed - 3 - HC-KAR NC: 2025:KHC-D:13030 CRL.P No. 102737 of 2025 against two persons. Accused No.1 is the father of petitioner. Bail application filed by accused Nos.1 and 2 was rejected and therefore, they had approached this Court in Criminal Petition No.101779 of 2024 which was dismissed on merits by the Co-ordinate Bench of this Court on 02.07.2024. Subsequently, a fresh bail application was filed by the petitioner before the Trial Court which was rejected on 11.03.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that deceased Kavya was the wife of the petitioner herein. Kotresh, who is the other deceased in the present case is the elder brother of Kavya. First informant is the mother of deceased Kotresh and Kavya. In the first information, it is alleged that petitioner was suspecting that his wife Kavya had illicit relationship and therefore, petitioner and his father were harassing and torturing her. On 08.10.2023, petitioner and his father had committed the murder of Kavya and Kotresh by throttling their neck and - 4 - HC-KAR NC: 2025:KHC-D:13030 CRL.P No. 102737 of 2025 thereafter, the dead bodies were made to sleep in a bed to show as if the deceased were in a relationship. 5. During the course of investigation, petitioner and his father were arrested on 08.10.2023 and after completing investigation, charge sheet has been filed against them for the aforesaid offences. In the charge sheet, it is alleged that petitioner and his father were suspecting the character of Kavya and therefore, they were torturing her in her matrimonial house. Therefore, Kavya had decided to give divorce to her husband and she also had approached her advocates for the said purpose. After coming to know about the same, since Kotresh was supporting his sister Kavya, accused Nos.1 and 2 on 08.10.2023 at about 02:00 p.m. throttled the neck of Kotresh when he was sleeping inside the house and thereafter, they caught hold of Kavya and also committed her murder by throttling her neck and made the dead bodies of deceased to sleep in a cot to show as if they had a relationship. - 5 - HC-KAR NC: 2025:KHC-D:13030 CRL.P No. 102737 of 2025 6. Bail application filed by the accused Nos.1 and 2 before this Court in Criminal Petition No.101779 of 2024 was considered and dismissed on merits by the Co-ordinate Bench of this Court on 02.07.2024. Allegation against the petitioner and accused No.1 in the first information as well as in the charge sheet are similar. After the dismissal of Criminal Petition No.101779 of 2024, accused No.1 had filed a fresh bail petition before this Court in Criminal Petition No.103811 of 2024 which was also dismissed on merits by the Co-ordinate Bench of this Court on 11.03.2025 with an observation that accused No.1 is at liberty to renew his bail application if there is a positive change in circumstance after examination of material charge sheet witnesses. 7. Learned counsel for the petitioner has not pointed out any material change in circumstances, so as to entertain this successive bail application of the petitioner, as against whom the allegations in the charge sheet is similar to the allegations found against accused No.1. - 6 - HC-KAR NC: 2025:KHC-D:13030 CRL.P No. 102737 of 2025 8. Under the circumstances, I am of the opinion that at this stage, this bail application cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH & VNP / CT:BCK LIST NO.: 1 SL NO.: 22