- 1 - NC: 2025:KHC-D:513 CRL.P No. 103507 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 103507 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: BASAVARAJ S/O CHANNABASAPPA BALAGI, AGE ABOUT 23 YEARS, OCC: AGRICULTURE, R/O PATRESHWAR NAGAR, 2ND CROSS, KAMALAPUR, DHARWAD-581 119. …PETITIONER (BY SRI. SADANAND M KENCHARAVAT, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH DHARWAD SUB-URBAN P.S., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. …RESPONDENT (BY SMT. GIRIJA S HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS) PRAYING TO ALLOW THIS PETITION, ENLARGE THE PETITIONER (ACCUSED NO.2) ON REGULAR BAIL IN CRIME NO.70/2020 OF DHARWAD SUB-URBAN P.S. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:513 CRL.P No. 103507 of 2024 REGISTERED BY THE RESPONDENT POLICE AND WHICH IS NOW PENDING AS S.C.NO.70/2020 BEFORE THE HON’BLE IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, FOR OFFENCES PUNISHABLE UNDER SEC. 302, 109, 504, 506 R/W 34 OF IPC AGAINST PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail petition filed by accused No.2 praying to enlarge him on bail in Crime No.70/2020 of Sub-Urban Police Station, Dharwad pending in S.C.No.70/2020 on the file of the Court of IV Additional District and Sessions Judge, Dharwad. 2. Petitioner arraigned as accused No.2 is facing trial along with two other accused persons for offences punishable under Section 302, 109, 504, 506 r/w 34 of IPC. 3. It is the case of prosecution that on 15.05.2020 at about 12.30 p.m., accused Nos.1 and 2 picked up - 3 - NC: 2025:KHC-D:513 CRL.P No. 103507 of 2024 quarrel with the deceased by name Umesh son of Basavannappa Balagi in connection with a land dispute pertaining to property bearing No.131/1 situated in Malapura-V Village, Dharwad and assaulted him with iron pipe, sticks etc., and committed his murder. Accused No.3 is alleged to have instigated accused Nos.1 and 2 to assault and commit the murder of deceased. 4. Petitioner had preferred Crl.P No.100804/2024 before this Court seeking bail. The said petition was dismissed vide order dated 05.04.2024, reserving liberty to him to move for bail, if the trial was not concluded within a period of six months. 5. While dismissing the bail petition, this Court took into consideration that earlier bail petitions were dismissed considering the gravity of the offence committed and further, the petitioner is involved in one more case registered in Crime No.152/2018 for the offence punishable under Section 307 of IPC. - 4 - NC: 2025:KHC-D:513 CRL.P No. 103507 of 2024 6. The present petition is filed on the ground that the petitioner is in judicial custody since 18.05.2020 and the trial has not concluded as on today and 36 witnesses cited in the charge sheet are yet to be examined. 7. The learned High Court Government Pleader has contended that this Court has already considered the prayer of the petitioner and rejected his earlier petitions considering the gravity and nature of the offence and therefore, he is not entitled for the relief of bail. Further contended that if the petitioner is enlarged on bail, he may threaten the prosecution witnesses and hamper the case of prosecution. 8. Petitioner was arrested on 18.05.2020. He is in judicial custody for nearly 4 years 8 months. As per charge sheet allegations, accused No.1 assaulted the deceased on his head with an iron pipe and the present petitioner arraigned as accused No.2 assaulted on his body with a wooden stick. The material witnesses are CWs.1 - 5 - NC: 2025:KHC-D:513 CRL.P No. 103507 of 2024 and 15, i.e., the wife and daughter of the deceased. The said witnesses are already examined as PWs.8 and 10. Tampering those witnesses does not arise as their evidence is already recorded. 9. Further, in Crime No.152/2018 in which the petitioner is alleged to be involved, charge sheet was filed for offences punishable under Section 143, 147, 323, 504 r/w 149 of IPC and it is submitted by the learned counsel that the petitioner, arraigned as accused No.2 in the said case has been acquitted by the trial Court. 10. Considering the above facts and circumstances and particularly considering that the petitioner is in judicial custody for nearly 4 years 8 months, the relief sought by the petitioner can be granted by imposing conditions. Accordingly, the following: ORDER Petition is allowed. - 6 - NC: 2025:KHC-D:513 CRL.P No. 103507 of 2024 Petitioner/accused No.2 in S.C.No.70/2020 pending on the file of the Court of IV Additional District and Sessions Judge, Dharwad, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. 4. He shall not directly or indirectly tamper with the prosecution witnesses. 5. He shall not indulge in criminal activities. 6. He shall appear before the trial Court on every date of hearing without fail. - 7 - NC: 2025:KHC-D:513 CRL.P No. 103507 of 2024 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 19 Sl No.: 1