- 1 - HC-KAR NC: 2025:KHC-D:8838 CRL.P No. 102368 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102368 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SRI. MAHANTAYYA S/O. VEERABHADRAYYA CHIKKAMATH, AGED ABOUT 41 YEARS, OCC: COOLIE, R/O. GAMBYAPUR, TQ. KALAGHATAGI, DIST. DHARWAD-581204. …PETITIONER (BY SHRI G. C. BADIGER, ADVOCATE) AND: THE STATE OF KARNATAKA, BY HUBBALLI KASABAPETH P.S., HUBBALLI, R/BY IT’S HIGH COURT ADDITIONAL STATE PUBLIC PROSECUTOR, BENCH AT: DHARWAD. …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) SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN HUBBALLI KASABA PETH P.S. CRIME NO.138/2022 (S.C.NO.5030/2023 PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI) FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 AND 201 OF I.P.C, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8838 CRL.P No. 102368 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri G.C.Badiger, learned counsel for the petitioner/accused and Shri Abhishek Malipatil, learned High Court Government Pleader for the respondent – State. 2. The petitioner-accused has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in S.C.No.5030/2023, on the file of learned I Additional and Sessions Judge, Dharwad sitting at Hubbali in connection with Hubballi Kasaba Peth P.S. Crime No.138/2022 for the offences punishable under Sections 302 and 201 of Indian Penal Code, 1860. 3. Brief facts of the prosecution case are as under; The de facto complainant lodged a complaint before the respondent–police alleging that the deceased, Smt. Kamalavva W/o Kashinathayya Hebballi @ - 3 - HC-KAR NC: 2025:KHC-D:8838 CRL.P No. 102368 of 2025 Hebballimath, was the mother of the complainant. The deceased was residing alone in a rented house belonging to CW-15, situated at 2nd Cross, Ranadamma Colony, Old Hubballi, Hubballi. The petitioner–accused, who is the son of the deceased Kamallavva's sister, used to visit the house of deceased frequently and would occasionally stay at her residence for one or two days. The petitioner– accused was a habitual drunkard and he used to roam without doing any kind of job by leaving his wife and children in the village. On 22.10.2022, the accused came to the residence of the deceased and stayed there until 24.10.2022. On 24.10.2022 at about 4:00 a.m., the accused with an intention of committing theft of the deceased Kamalavva’s gold ornaments assaulted the deceased Kamalavva on her head and forehead with an wooden Roti maker and thereby, caused her death. Subsequently, he is alleged to have stolen the gold chain worn around her neck and also the gold earrings. Thereafter, the accused allegedly locked the house from - 4 - HC-KAR NC: 2025:KHC-D:8838 CRL.P No. 102368 of 2025 the outside and, with an intention of causing the disappearance of evidence relating to the offence, thrown the key and his blood-stained shirt in a gutter. Thus, the petitioner–accused is alleged to have committed offences punishable under Sections 302 and 201 of the Indian Penal Code. Hence, the first informant lodged a complaint to the respondent-police, which led to registration of FIR and initiation of investigation. 4. During the course of investigation, the petitioner was arrested on 24.12.2022 and subsequently, remanded to judicial custody. 5. Learned counsel for the petitioner contended that the petitioner is innocent; he has not committed any offence as alleged by the prosecution; he has been falsely implicated in this case; there is no material against the petitioner and nothing has been recovered from this petitioner. The case rests on circumstantial evidence, and there are no eyewitnesses to the incident. The petitioner is - 5 - HC-KAR NC: 2025:KHC-D:8838 CRL.P No. 102368 of 2025 ready to abide by the conditions to be imposed by this Court. With these grounds, the counsel prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader contended that the petitioner is involved in the offence under Section 103(2) of BNS, 2023; there is a prima-facie case against him; if he is released on bail, he may tamper with the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail, hence, prayed for rejection of the petition. 7. Perused the material available on record. 8. The investigation report clearly indicates that the complainant and CWs.11 to 14, in their statements, have stated that the petitioner/accused is the son of the deceased Kamalavva's sister and he used to visit the house of the deceased frequently and would occasionally stay there for one or two days. The petitioner/accused was - 6 - HC-KAR NC: 2025:KHC-D:8838 CRL.P No. 102368 of 2025 a habitual drunkard, he used to roam without doing any kind of job by leaving his wife and children in the village. As per the statements of the de facto complainant and CWs.11 to 14, the accused came to the house of the deceased on 22.10.2022 and remained there until 24.10.2022. 9. In the charge sheet, the prosecution has cited in all 29 witnesses. Among them, CWs.11 to 14 are the witnesses, who alleged to have last seen the accused in the company of the deceased. As per the post-mortem examination report, the doctor, who conducted the autopsy, opined that the cause of death was respiratory failure coupled with hemorrhage and shock resulting from a head injury sustained. 10. Hence, at this stage, the prosecution relies on the circumstantial evidence, including the last seen theory, the conduct of the accused, and the recovery of incriminating articles. Upon perusal of the material available on record, this Court is of the view that, at this - 7 - HC-KAR NC: 2025:KHC-D:8838 CRL.P No. 102368 of 2025 stage, there is sufficient prima facie material to indicate the involvement of the petitioner in the alleged offence. Accordingly, the petition filed by the petitioner being devoid of merit, stands dismissed. It is, however, made clear that the petitioner is at liberty to file a fresh bail petition after the examination of CWs.1 and CWs.11 to 14 by the Trial Court. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 36