- 1 - NC: 2025:KHC-D:5943 CRL.P No. 103818 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103818 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: ANNAPPA S/O. HEMANNA NADUVALAMANI, AGE: 25 YEARS, OCC. MASON, R/O. TALAKAL, TQ. KUKANOOR, DIST. KOPPAL. …PETITIONER (BY SMT.RESHMA MADIWALAR, ADVOCATE) AND: THE STATE OF KARNATAKA BY IUKANOOR POLICE STATION, KOPPAL DISTRICT, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA AT DHARWAD, DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.43/2020 (CRIME NO. 57/2020 KUKNOOR P.S.) FOR OFFENCES UNDER SECTIONS 364, 302 AND 201 OF IPC ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, KOPPAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:41:57 +0530 - 2 - NC: 2025:KHC-D:5943 CRL.P No. 103818 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Smt. Reshma Madiwalar, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 439 of Cr.P.C. with the following prayer : “To enlarge the petitioner on bail in SC No.43/2020 (Crime No.57/2020 Kuknoor P.S.) for offences under Sections 364, 302 and 201 of IPC on the file of the Prl. District and Sessions Judge, Koppal” 3. Facts in the nutshell for the disposal of the present petition are as under: Upon the complaint lodged by Smt. Laxmavva W/o. Renukappa, police registered a case in Crime No.57/2020. After so registering the case, police commenced the investigation inter alia arrested the present petitioner- Annappa. - 3 - NC: 2025:KHC-D:5943 CRL.P No. 103818 of 2024 3.1 Thereafter, based on his voluntary statement, the dead body of the deceased Manjunath was recovered in an abandoned place. 3.2 Subsequently further statements of complainant and others were recorded. Thereafter, police filed the charge sheet against the accused-petitioner for the offences punishable under Sections 364, 302, 201 of IPC by dropping the offence under Section 363 of IPC. Request made by the petitioner to seek for grant of bail was rejected by the learned Trial Judge in S.C.No.43/2020 by order dated 16th November, 2024 and thereafter, petitioner is before this Court. 4. Smt. Reshma Madiwalar, learned counsel for the petitioner reiterating the grounds urged in the petition, contended that since major portion of recording of evidence is now completed, continuation of the accused- petitioner in judicial custody is no longer warranted and sought for grant of bail. - 4 - NC: 2025:KHC-D:5943 CRL.P No. 103818 of 2024 5. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the bail grounds with vehemence. 6. This Court perused the material on record in the light of rival contentions of the parties. 7. On such perusal of the material on record, though the complaint initially came to be lodged by Laxmavva and based on which, the police conducted the investigation and recovered the dead body at the instance of the accused. 8. Further statements have been recorded and thereafter evidence of Laxmavva, her minor son and others have been recorded wherein all the witnesses have supported the case of the prosecution. 9. Among them, Keerthi is examined as PW-6. She has stated that deceased Manjunath is her younger brother and he was studying in 4th standard in Radha Krishna School. Acquaintance of Manjunath with the family - 5 - NC: 2025:KHC-D:5943 CRL.P No. 103818 of 2024 of accused is established as accused belongs to the same community that of the complainant. 10. It is also her unequivocal statement that accused was pestering Keerthi for a love affair which has been refused by her. She also deposed that on 19.07.2020 at about 12 noon, Manjunath had been for playing and did not return and being anxious, they searched for him. Later on 22.07.2020, police telephoned to them and told that accused has kidnapped Manjunath, took him to a lonely place, murdered him and buried him in ‘Ichalahalla’. Thereafter, police recorded further statement and filed charge sheet against the accused. 11. In her cross-examination and so also in the cross-examination of Laxmavva and another brother of PW-6, no useful material is elicited so as to disbelieve the version of the prosecution at least at this stage. 12. Since the trial as progressed and now it is pending in the crucial stage, the request made by the petitioner for grant of bail cannot be entertained having - 6 - NC: 2025:KHC-D:5943 CRL.P No. 103818 of 2024 regard to the overwhelming material on record, which would prima facie point finger towards the accused. 13. More so, when the dead body is recovered based on the voluntary statement given by the accused. 14. All these factors when viewed cumulatively, directing the trial Judge to expedite the trial and conclude the same in a time bound manner would meet the ends of justice in the facts and circumstances of the case while denying the bail request. 15. Accordingly, following order is passed. ORDER Petition is rejected. However, learned Trial Judge is directed to conclude the trial as early as possible. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 5