- 1 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 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.104898 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MAREPPA RAMAPPA TALAWAR ALIAS KUBHIHAL S/O. RAMAPPA TALAWAR, AGED ABOUT 28 YEARS, R/O. AGADI VILLAGE, TQ. AND DIST. HUBBALLI DHARWAD, KARNATAKA-580020. …PETITIONER (BY SRI. AVINASH M.ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 THROUGH HUBLI RURAL POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND FURTHER BE PLEASED TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN SC NO.5073/2024 PENDING ON THE FILE BEFORE THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI ARISING OUT OF COMPLAINT DATED 14.04.2024, FIR IN CRIME NO.0091/2024, CHARGESHEET WHICH IS REGISTERED BY HUBLI RURAL POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 302 OF IPC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The present petitioner is the sole accused in Crime No.91/2024 filed by the respondent – police in S.C No.5073/2024 pending on the file of V Additional District and Sessions Judge, Dharwad Sitting at Hubballi for the offence punishable under Section 302 of IPC seeking for regular bail. Factual matrix of the case: 2. The case of the prosecution is that, a complaint came be filed by Smt.Paravva W/o Basappa Madiwala, stating that she was living along with her younger son Pakkirappa. On 14.04.2024, in the morning, the son of the complainant had informed her that he was going to the house of Mallikarjuna Sangannavar and went away. After that, the complainant went to pharmacy to bring tablets. When she was returning home after taking tablets, she had seen that Marappa Talvara was - 4 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 quarreling with her son. By the time she reached the place, the said Marappa had assaulted her son on the head with a wooden log. Immediately, the complainant and Chennaveeraiah Hiremath pacified the matter and she was screaming for help. In the meantime, six persons rushed towards the place and they gave first aid to the injured. Thereafter, they shifted the injured to the hospital for treatment. When they reached the hospital around 11.40 a.m, the Doctor declared that injured was brought dead. Hence, the complaint. 3. Based on the complaint, the respondent police registered the case in Crime No.91/2024. After conducting investigation, submitted the charge sheet. 4. Heard Sri.Avinash M.Angadi, learned counsel for the petitioner and Sri.Praveen Y.Devareddiyavara, learned High Court Government Pleader for the respondent - State. - 5 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 5. It is the submission of learned counsel for the petitioner that, as per the averments of the complaint, the complainant and one more person were eyewitnesses to the incident. As per the version of the eyewitness, namely, Chennaveeraiah Siddaiah Matapati, who has been examined as P.W.1, has supported the case of the prosecution. P.W.3 has also supported the case of the prosecution, however, on reading their evidence, they did not disclose about the intention to commit the murder. 6. It is further submitted that, even assuming that the murder has been committed by the petitioner and the said murder has not been committed with an intention, that would fall not under the category of the definition of ‘murder’. 7. It is further submitted that, the petitioner is innocent of the alleged offences. He will abide the - 6 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 conditions imposed by this Court if he is released on bail. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for the respondent – State vehemently submitted that the petitioner with an intention to commit the murder, has assaulted the deceased on the vital part of the body, i.e., on the head. The petitioner had knowledge that, if such an injury is caused on the vital part of the body, certainly, the injured would have been killed. 9. It is further submitted that, assaulting the deceased on the vital part of the body would depict the intention to commit murder. Hence, it can be inferred that, the petitioner had intention to commit the murder. Therefore, it is not appropriate to - 7 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 grant bail. Making such submissions, learned High Court Government Pleader for respondent – State prays to dismiss the petition. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet and also the depositions of PWs.1 and 3, who are sated to be eyewitnesses to the incident, it appears from the record that, the petitioner had assaulted the younger son of P.W.3, who is the mother of the deceased and she had witnessed the said incident along with P.W.1. Assuming that the petitioner had committed the murder of the deceased, the prosecution has not brought the motive to commit such murder. Therefore, I am of the considered opinion that, the petitioner has made out a ground to grant bail. 11. Hence, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.91/2024 of respondent-police in S.C No.5073/2024 pending on the file of V Additional District and Sessions Judge, Dharwad Sitting at Hubballi for the offence under Section 302 of IPC, on executing personal bond for 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. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. - 9 - HC-KAR NC: 2025:KHC-D:18409 CRL.P No. 104898 of 2025 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 ASN/UN CT: UMD List No.: 1 Sl No.: 49