- 1 - HC-KAR NC: 2025:KHC-D:18226 CRL.P No. 104908 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104908 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. KENCHAPPA S/O. HULEPPA PATIL, AGED 21 YEARS, OCC. COOLIE, RESIDING AT KURANI, SANKESHWAR HEERA SUGAR COLONY, TAL. HUKKERI, DIST. BELAGAVI, PIN-591221. …PETITIONER (BY SRI. SURAJ S.MUTNAL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH YAMAKANMARDI POLICE STATION, BELAGAVI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, PIN-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PRESENT PETITION AND FURTHER BE PLEASED TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL BY GRANTING HIM REGULAR BAIL IN YAMAKANMARDI PS CRIME NO.168/2025 REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 61(2)(A) R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C AT SANKESHWAR AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18226 CRL.P No. 104908 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.168/2025 of respondent- police for the offences under Sections 103(1), 61(2)(A) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, Rakesh Mahadev Patil and deceased Sanju @ Pintu are the brothers. Deceased Sanju used to quarrel with Rakesh and family members in relating to his marriage. 3. It is stated that, on 04.11.2025 around about 15:00 hours the said accused No.1 is stated to have committed the murder of the deceased with the help of the present petitioner. Hence, the complaint came to be filed. The respondent-police after registering the case, conducted the investigation. The investigation is under progress. - 3 - HC-KAR NC: 2025:KHC-D:18226 CRL.P No. 104908 of 2025 4. Heard Sri. Suraj S.Mutnal, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. Initially, a complaint was lodged against the accused No.1 later on, on the voluntary statement of accused No.1 the present petitioner has been implicated in this case. None of the witnesses have seen the said incident. 6. It is further stated that the petitioner is aged about 21 years and resident of Kurani, Sankeshwar Heera Sugar Colony, Hukkeri. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, - 4 - HC-KAR NC: 2025:KHC-D:18226 CRL.P No. 104908 of 2025 the accused No.1 had committed murder of his younger brother. The present petitioner who is arrayed accused No.2 is stated to have assisted the accused No.1 in committing the murder. The overt act of the petitioner has been extracted therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and FIR, it appears from the record that, no overt act is attributed against the petitioner. Hence, it is appropriate to grant him bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.168/2025 of respondent-police for the offences under - 5 - HC-KAR NC: 2025:KHC-D:18226 CRL.P No. 104908 of 2025 Sections 103(1), 61(2)(A) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD/ List No.: 1 Sl No.: 22