- 1 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103219 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: YALLAPPA S/O. SHANKRAPPA METI, AGED 43 YEARS, OCC. AGRICULTURE, RESIDENT OF HOSAMANI ONI, RAYANAL VILLAGE, TQ. HUBBALLI, DIST. DHARWAD, PIN CODE-580 029. …PETITIONER (BY SRI. SANDESH CHOUTA, SR. COUNSEL FOR SRI. AVINASH M.ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH OLD HUBBALLI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.02 ON REGULAR BAIL IN SC NO. 5038/2023 PENDING ON THE FILE OF I ADDI. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI ARISING OUT OF CRIME NO.0110/2022 REGISTERED BY THE RESPONDENT OLD HUBBALLI POLICE STATION, HUBBALLI FOR THE OFFENCES PUNISHABLE 120(B) 143, 147, 148, 341, 302, 109, 114 R/W 149 OF IPC IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 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) The present petition is the forth bail petition filed on the changed circumstances therefore, taken up for disposal under the changed circumstances. 2. The petitioner is accused No.2 in Crime No.110/2022 of respondent/Police for the offence punishable under Sections 120(B), 143, 114, 147, 148, 341, 302 and 109 r/w. Section 149 of Indian Penal Code, 18601. The case of the prosecution is that the complainant filed a complaint before the respondent/Police stating that one and half year ago he was elected as Panchayat member of Gangiwal Grama Panchayat. His elder brother was doing good works in the village. His brother had love affair with one girl of Meti family and married her few years ago. 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 of 2025 3. It is alleged that prior to 15 days of filing of the complaint ‘No-Confidence-Motion’ was moved against the President and Vice-President of Rayanal Grama Panchayat. Accused No.8 accompanied CW.1 on his motorcycle and went to the house of his brother Deepak Patadari. Both Deepak and accused No.8 sitting and chatting the affairs of Panchayat office around 10:15 pm, the accused No.8 requested his brother that he wants to go back to his village however, he had no motorcycle. He requested his brother to drop him to the village Rayanal. 4. Around 10:30 pm, when the complainant was at home, the friends of his brother, namely, Paramananda Shyamgundi and Rudrappa Shettenagoudar informed him that accused Nos.1 to 7 and 10 and 11 were assaulting his brother with Knife, Talwars and Clubs and asked him to come immediately. On the said information, the complainant and his friend Arun Balad rushed to the spot. However, by that time, his brother had taken to KIMS, Hospital and got him admitted. - 4 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 of 2025 5. The complainant had enquired the Doctor, they informed him that he was not in a position to talk. However, on the following day, the deceased died. Hence, a complaint came to be registered. On the basis of the said complaint, respondent/Police have registered a case in Crime No.110/2022 for the offences punishable stated supra. 6. The petitioner had filed bail petition before this Court in Crl.P. No.103513/2022 and the same has been rejected vide order dated 05.12.2022 again one more application was filed for bail and Crl.P.No.103237/2023 and the same has also been rejected vide order dated 20.12.2023. Two more petitions were filed for bail, however, those petitions were withdrawn. 7. Heard the learned Senior counsel Sri.Sandesh Chouta appearing for learned counsel Sri.Avinash M. Angadi appearing for the petitioner. He submits that this is the forth petition filed for relief of granting bail under the changed circumstances. The learned Senior counsel contended that as per the averments of the charge-sheet, - 5 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 of 2025 the petitioner is arrayed as accused No.2. The allegation made against him is that he and the accused No.3 assaulted the deceased with clubs. 8. It is further submitted that this Court vide its order dated 06.08.2024 directed the Trial Court to dispose of the matter within one year from the date of receipt of order copy of this Court. However, the said order has not been complied. Moreover, there are 64 witnesses to be examined and the appellant has been in Judicial Custody for three years. Considering the delay in conducting the trial and also not complying the order of this Court, for the changed circumstances, therefore, the petition may be allowed. The petitioners are required to be released on bail. 9. It is further submitted that the earlier bail applications were filed prior to filing of additional charge- sheet. Even on filing of the additional charge-sheet, the overt-act of the petitioner has not been changed. In fact some of the accused were granted bail by this Court, who - 6 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 of 2025 are similarly placed in the alleged incident. As such, the learned Senior Counsel prays to allow the petition. 10. Per contra, the learned High Court Government Pleader vehemently submitted that this is the forth bail petition filed under no changed circumstances. In fact, the grounds urged in this petition were urged in the previous petitions and those petitions were considered on merits and disposed off by rejecting the petition. Therefore, it is not appropriate to grant the relief as prayed for in the petition. 11. Having heard the learned counsel for the respective parties and also perused the charge-sheet materials available on record, it appears that the present petitioner is arrayed as accused No.2. Though, this is the forth bail application seeking for regular bail, the grounds urged in the petition are that, the overt-act against the petitioner was not considered properly at the time of considering the bail petition and also the order of this Court to conclude the trial within one year from the date of receipt of the said order was not complied. - 7 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 of 2025 12. Having gone through the charge sheet material available on record, it appears that there are 65 witnesses to be examined in this case. The direction of this Court has already been over. There is no possibility of completing the trial within one year. Having considered the changed circumstances and also the overt-act of the petitioner, it is appropriate to grant him bail. 13. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.110/2022 of respondent/Police on executing personal bond for a sum of Rs.2,00,000/- [Rupees Two Lakhs only] with 2 sureties for likesum to the satisfaction of the Trial Court, subject to the following conditions; - 8 - HC-KAR NC: 2025:KHC-D:13904 CRL.P No. 103219 of 2025 a) The petitioner shall not involve in any similar or any other criminal cases. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. In the event of violation of any of the conditions stated above, the liberty is reserved either to the prosecution or to the complainant to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ List No.: 1 Sl No.: 39