- 1 - HC-KAR NC: 2025:KHC-D:18621 CRL.P No. 104999 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. 104999 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: RAMESH @ MUTTURAJ DEVAPPA TALAVAR, AGE: 21 YEARS, OCC: PRIVATE JOB, R/O: MADLI, TQ: SHIGGAON, DIST: HAVERI- 581193. …PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH LAXMESHWAR POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD- 580011. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18621 CRL.P No. 104999 of 2025 …RESPONDENT (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP) *** THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON A REGULAR BAIL IN CONNECTION WITH LAXMESHWAR P S CRIME NO. 54/2025 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 103(1), 61(1), 140(1), 238 R/W 3(5) OF BNS-2023, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE GADAG IN S.C NO. 94/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18621 CRL.P No. 104999 of 2025 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.54/2025 of respondent- police for the offence under Sections 103(1), 61(1), 140(1), 238 R/W 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for, brevity, ‘BNS’). Brief facts of the case: 2. The case of the prosecution is that on 24.04.2025, the complainant received a phone call from one Vijaya Marathe stating that the dead body of her sister was lying near pool at Suranagi Village and also received whatsapp message with photo of her sister and identified the dead body as that of her sister Lakshmi. Thereafter, the complainant and her relative went to Gadag Government Hospital and identified the dead body. Hence the complaint. The respondent-police after receiving the complaint registered a case, started investigation, during investigation, the fact of the case has been unfolded in such - 4 - HC-KAR NC: 2025:KHC-D:18621 CRL.P No. 104999 of 2025 a way that the deceased Lakshmi wife of Ananda Ingalagi is stated to have an affair with accused No.1 – Sunil. As per the averments of the charge sheet, it is further stated that the deceased Lakshmi had illicit relationship with accused No.1 and also she was maintaining the illicit relationship with another man Shivaji ingalagi. On 16.04.2025, the said Sunil married Lakshmi. After the marriage, deceased Lakshmi threatened Sunil to pay Rs.5,00,000/- to keep his past relationship secret. Therefore, the petitioner had hired other three persons to commit murder of said Lakshmi and committed her murder. 3. Heard Sri. V.M.Banakar, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of learned counsel for the petitioner that the petitioner is arrayed as accused No.4. The entire case is based on circumstantial evidence. The name of the present petitioner is not at all found in the FIR. - 5 - HC-KAR NC: 2025:KHC-D:18621 CRL.P No. 104999 of 2025 However, based on the voluntary statement of accused No.1, the present petitioner was arrayed as accused No.4. Such being the fact, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the deceased Lakshmi had an affair with accused No.1 and there was a difference of opinion between the deceased Lakshmi and accused No.1 in respect of their marriage. Accused No.1 had killed deceased Lakshmi with the help of present petitioner and others. Since, the petitioner had committed heinous offence against the deceased, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 6. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it - 6 - HC-KAR NC: 2025:KHC-D:18621 CRL.P No. 104999 of 2025 appears from the record that Smt. Jhanavi who is the sister of deceased Lakshmi lodges a complaint stating that her sister Lakshmi had illicit relationship with accused No.1 - Sunil since two to three years. It is stated that accused No.1 and other petitioners have committed murder of the deceased. However, on going through the averments of the charge sheet, it appears that the involvement of the present petitioner has been unfolded on the basis of the voluntary statement of accused No.1. Having considered the said aspects and also that the case is based on the circumstantial evidence, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 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.54/2025 of respondent-police on executing personal bond - 7 - HC-KAR NC: 2025:KHC-D:18621 CRL.P No. 104999 of 2025 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. (vi) 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 JS/- List No.: 1 Sl No.: 55