- 1 - HC-KAR NC: 2025:KHC-D:15278 CRL.P No. 104297 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104297 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI. BASAPPA SHIVANAPPA PAVADI AGE. 34 YEARS, OCC. DRIVER, R/O HANABARATTI, TQ. BAILHONGAL, DIST. BELAGAVI 591121. …PETITIONER (BY SRI. GUDODAGI RAMESH SHANKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BAILHONGAL POLICE STATION, DIST. BELAGAVI, R/BY HCGP HIGH COURT OF DHARWAD 580011. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO KINDLY BE ORDERED TO BE RELEASED ON REGULAR BAIL IN BAILHONGAL P.S. CRIME NO.93/2025 IN (S.C. NO.130/2025) OFFENCE PUNISHABLE U/S.103(1) OF BNS, CASE IS PENDING BEFORE THE HON’BLE VI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, AT BELAGAVI IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15278 CRL.P No. 104297 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused is before this Court seeking for regular bail in Crime No.93/2025 of Bailhongal Police Station pending in SC No.130/2025 before the VI Additional District and Sessions Judge, Belagavi1. Brief facts of the case: 2. The case of the prosecution is that, the petitioner is the cousin brother of the deceased and the complainant is brother of the deceased. It is stated in the complaint that, the deceased is alleged to have had illicit relationship with the wife of the petitioner. Having come to know the said fact, the petitioner was having ill-will against the deceased and he was telling that he would eliminate the deceased one or the other day. The complainant came to know the said fact and convinced and consoled the petitioner on several occasions. In the meantime, the petitioner was deputed to work as a driver in Shivshakthi Stone Crusher. 1 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:15278 CRL.P No. 104297 of 2025 On 07.05.2025 around about 09.00 a.m., the complainant had received an information from one of his friends stating that his younger brother who is the deceased had been killed by unknown person. The informant and the informer both went to the spot and saw that the deceased was lying on the floor with full of blood. They were informed that, some unknown persons having blue shirt had committed his murder. The complainant showed a photo of the accused through his mobile, he identified the said person and thereafter, the complainant lodged a complaint against the petitioner. The respondent-police registered a case against the petitioner and after conducting the investigation, submitted the charge sheet. 3. Heard Sri. Gudodagi Ramesh Shankar, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavare, learned High Court Government Pleader for respondent-State. 4. The submission of the learned counsel for the petitioner is that, the entire case though it appears to be - 4 - HC-KAR NC: 2025:KHC-D:15278 CRL.P No. 104297 of 2025 based on the eyewitness, the fact remains that, immediately after the incident he did not inform the jurisdictional police to take necessary action nor inform the owner of the said crusher about the said incident, which creates a doubt about the presence of the said witness at this spot. 5. It is the further submitted that, mere making certain allegations against the petitioner that he was always telling that he would kill the deceased is not sufficient to implicate the present petitioner in the case of murder of the deceased. The entire case is based on circumstantial evidence. The petitioner is the only earning member of the family. He was working as a driver for his livelihood and the entire family is depending on his income. Moreover, he is the permanent resident of Hanabaratti. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:15278 CRL.P No. 104297 of 2025 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, identification parade has been conducted by the Taluka Executive Magistrate. CW7-Ramesh identified the accused in the said parade. The weapons used for commission of the said offence were recovered at his instance and it contains a blood stain. The motive for the said murder has been proved through the statement of the complainant. Such being the fact, it is not appropriate to grant him bail, as he has committed heinous offence. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it would indicate that the deceased had illicit relationship with the wife of the petitioner. On coming to know the said fact, he was waiting for opportunity to eliminate the deceased and he had informed the said fact to the complainant on several occasions. In the meantime, the deceased was working as a driver in the Shivshakthi Stone - 6 - HC-KAR NC: 2025:KHC-D:15278 CRL.P No. 104297 of 2025 Crusher Unit. It is alleged that, the petitioner had killed the deceased and went away from the spot. It is stated in the charge sheet that, CW7 who was working in the said unit, had noticed that the petitioner had committed murder of the deceased and he had informed the said fact to the brother of the deceased who is the complainant herein. However, the averments of the complaint would indicate that prior to lodging of the complaint, the complainant had showed a picture of the petitioner to CW7. It is stated that, he had identified the said person who is accused in this case. Thereafter, they conducted the identification parade. 8. Having considered the facts and circumstances of the case, 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.93/2025 of - 7 - HC-KAR NC: 2025:KHC-D:15278 CRL.P No. 104297 of 2025 respondent-police on executing personal bond of Rs.1,00,000/- (Rupees One Lakh Only) 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 not leave the jurisdiction of the Court till disposal of the case. (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. 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 SMM, CT:VP LIST NO.: 1 SL NO.: 29