- 1 - HC-KAR NC: 2025:KHC-D:18402 CRL.P No. 104559 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104559 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: 1. VISHAL SAROJA MESTRI S/O SAROJA MESTRI, AGED ABOUT 29 YEARS, R/O: ADIJAMABAVANAGAR GOKAK, TQ: GOKAK, DIST: BELAGAVI, KARNATAKA- 581218. 2. PASKAL HRUDAYARAJ MUTTUSWAMI S/O HRUDAYARAJ MUTTUSWAMI, AGED ABOUT 29 YEARS, R/O: GOKAK FALLS, TQ: GOKAK, DIST: BELAGAVI, KARNATAKA- 581218. 3. SANTOSH URF DANCE SANTU SATTEPPA PUJARI S.O SATTEPPA PUJARI AGED ABOUT 25 YEARS, R/O: NAIK GALLI BACK SIDE KLE HOSPITAL, TQ: GOKAK, DIST: BELAGAVI, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18402 CRL.P No. 104559 of 2025 KARNATAKA- 581218. …PETITIONERS (BY SRI. AVINASH M. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GOKAK TOWN POLICE STATION, REP BY ITS PUBIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD- 580011. …RESPONDENT (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.01 TO 03 ON REGULAR BAIL IN CRIME NO.0045/2025 WHICH IS REGISTERED BY GOKAK TOWN POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 238(a), 189(2), 191(2), 191(3), 126(2), 61(2), 103(1), 352, 351(2), 190 OF BNS 2023 AND SECTION 25(1)(A) OF INDIAN ARMS ACT, 1959, PENDING ON THE FILE BEFORE THE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT GOKAK IN CC NO.4348/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18402 CRL.P No. 104559 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners/accused Nos.1 to 3 are before this Court seeking for grant of regular bail in Crime No.45/2025 of respondent-police in C.C No.4348/2025 pending on the file of Principal Civil Judge (Jr.Dvn) and JMFC Court, Gokak for the offences punishable under Sections 238(a), 189(2), 191(2), 191(3), 126(2), 61(2), 103(1), 351(2), 352 and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS 2023’) and under Section 25(1)(A) of Indian Arms Act. Factual matrix of the case: 2. The case of the prosecution is that, a complaint came to be registered by Shamrav Narayan Gondali stating that the petitioner No.1 and Santosh Poojari were taking care of the witnesses in respect of a murder case relating to Siddappa Kanmaddi. In the said case, all the accused were belonging to the tiger gang and all the gangsters were the friends of the deceased Parashurama. The deceased Parashurama is the elder brother of the present complainant. It is further stated that, the said Parashurama called the present petitioners over the phone and threatened them that they would be eliminated if they - 4 - HC-KAR NC: 2025:KHC-D:18402 CRL.P No. 104559 of 2025 support the witnesses in the murder case of deceased Siddappa after Lakshmidevi fair. 3. It is further stated that the deceased Parashurama has informed the complainant that there is a life threat by the petitioners and others and he would also be eliminated at any moment by the petitioners and others. As per the averments of the complaint, it is alleged that on 03.05.2025, around 7.45 p.m., the complainant had received a message that his brother Parashurama had been killed by the petitioners and others. Hence, the complaint. 4. Based on the complaint, the respondent police have registered a case against seven members. After conducting investigation, submitted the charge sheet. 5. Heard Sri.Avinash M.Angadi, learned counsel for the petitioners and Sri.Praveena Y.Devareddiyavara, learned High Court Government Pleader for the respondent – State. 6. It is the submission of learned counsel for the petitioners that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. The entire case is based on the statement of CW.16, who is stated to be the eyewitness to the incident. In fact, the deceased was a - 5 - HC-KAR NC: 2025:KHC-D:18402 CRL.P No. 104559 of 2025 rowdy sheeter and he was having a number of criminal cases which were pending against him and he was attending the Courts in connection with the said cases. Though, it is alleged that the petitioners have assaulted the deceased along with the group, the fact remains that, no independent witnesses have been cited as witness to the incident. In fact, CW.16 is the close friend of the deceased. Having a credence on solitary witness without corroborating by any other witnesses, certainly would not serve any purpose. Therefore the petitioners may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioners prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for the respondent – State vehemently submitted that there is a gang war between two gangs. The deceased belongs to the tiger gang. There was a rift between the tiger gang and the present petitioners. The petitioners and others have killed the deceased in front of CW.16, who is the eyewitness to the incident. If the petitioners are enlarged on bail, there may be chances of committing similar offences and there is a threat to the sole eyewitness to the incident. Hence, it is not appropriate to grant them bail. Making such submissions, the learned High - 6 - HC-KAR NC: 2025:KHC-D:18402 CRL.P No. 104559 of 2025 Court Government Pleader for the respondent - State prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that the petitioners are arraigned as accused Nos.1 to 3. The overt-acts attributed against accused Nos.1 to 3 are that, accused No.1 stabbed the deceased with a knife, accused No.2 strangulated the deceased by using a mobile charging wire and accused No.3 stabbed the deceased all over the body. However, the entire case is depending on the statement of CW.16. When the entire case is based on the testimony of a sole witness and no overt-acts have been attributed against the petitioners, it is appropriate to grant bail to the petitioners by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners/accused Nos.1 to 3 are ordered to be enlarged on bail in Crime - 7 - HC-KAR NC: 2025:KHC-D:18402 CRL.P No. 104559 of 2025 No.45/2025 of respondent-police for the offences stated supra, on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court, subject to the following conditions: (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioners shall not involve in any criminal cases till disposal of the case. In case, if the petitioners violate 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 PJ/UN List No.: 1 Sl No.: 33