- 1 - HC-KAR NC: 2025:KHC-D:9024 CRL.P No. 102233 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102233 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: HANUMANTHA NAIK @ HANUMA NAIK S/O. VIRUPAKSHA NAIK, AGE: 28 YEARS, OCC: LORRY DRIVER, R/O. 22ND WARD, NEAR GOVERNMENT SCHOOL, SANKLAPURA, TALUKA-HOSAPETE, DISTRICT-VIJAYANAGAR-583101. …PETITIONER (BY SHRI SRINIVAS B. NAIK, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, THROUGH HOSAPETE RURAL POLICE STATION, TALUKA HOSAPETE, DISTRICT-VIJAYANAGAR-580011. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN CRIME NO.241/2024 OF HOSAPETE RURAL POLICE STATION ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, HOSAPETE, VIJAYANAGAR DISTRICT, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120B, 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9024 CRL.P No. 102233 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Srinivas B. Naik, learned counsel for the petitioner – accused No.1 and Sri. Abhishek Malipatil, learned High Court Government Pleader for the respondent – State. 2. The petitioner – accused No.1 has filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 439 of Cr.P.C.] seeking to grant bail in S.C. No.5036/2025, on the file of learned III Additional District and Sessions Judge, Ballari sitting at Hospet in connection with Hospet Rural P.S. Crime No.241/2024 for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC. 3. Brief facts of the prosecution case is as under; A complaint came to be lodged by one Gowri Bai alleging that her brother-in-law (brother of deceased), she and her husband Kannu Naik have received huge money as - 3 - HC-KAR NC: 2025:KHC-D:9024 CRL.P No. 102233 of 2025 advance loan amount for purchase of lorry and for labours to cut down the sugarcane crops. After receiving money, they have not paid the loan amount. Hence, the entire loan dues were put on Hanuman Naik. Thus, they decided to commit murder of their brother Kannu Naik and therefore, they went to Ballari and hatched a plan to commit murder of Kannu Naik. On 05.06.2024 in between 7:30 p.m, and 8:30 p.m, Kannu Naik had been to attend nature call on national highway in the outskirts of Ballari, a desolate area of Hospete town, where the accused persons assaulted Kannu Naik and committed his murder and thereafter, dashed the Dio motorcycle beside the road, dump the body on the roadside, thereby created a scene like a road accident, destroyed the evidence, make the deceased’s wife and people to believe that deceased had sustained injuries in a road traffic accident. 4. Based on the complaint, a case was registered at Hospete Rural P.S in Crime No.241/2024, registered for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC. After completion of investigation, the - 4 - HC-KAR NC: 2025:KHC-D:9024 CRL.P No. 102233 of 2025 Investigating Officer has submitted charge-sheet against the accused persons. 5. Learned counsel for the petitioners contended that the petitioner is innocent, he has been falsely implicated in this case, there are no overt act alleged against him and nothing is recovered from this petitioner; the only allegation against the petitioner is that, he assaulted the deceased with his fist on the chest and had pulled him. Hence, he fell down and thereafter, accused No.2 thrown big sized stone on the head of the deceased. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, the counsel prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader has filed statement of objections contending that the petitioner is involved in the offence punishable under Section 302 of IPC, there is a prima facie case against the petitioner and if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature - 5 - HC-KAR NC: 2025:KHC-D:9024 CRL.P No. 102233 of 2025 and gravity of offences, the petitioner is not entitled for bail. Hence, prayed for rejection of petition. 7. On perusal of the material available on record, it appears that, the incident occurred in the night hours on 05.06.2024 in between 07:30 p.m. and 08:30 p.m. on national highway, an isolated area of Hospete town in the outskirts of Ballari, when the deceased Kannu Naik went to attend the nature call. As per the statement of the witnesses, they have stated that initially the case was registered on 05.06.2024 for the offences punishable under Sections 279 and 304A of IPC. Later postmortem examination was conducted and till 15.11.2024, the Investigating Officer conducted the investigation as good as it was accident case and prior to 15.11.2024, accused No.1 took quarrel with wife of the deceased and he made extra judicial confession before her saying that he committed murder and gave colour that it was accident case. Therefore, accused No.1 was arrested, recorded his voluntary statement, pursuant to his statement the Investigating - 6 - HC-KAR NC: 2025:KHC-D:9024 CRL.P No. 102233 of 2025 Officer converted the offence under Section 302 of IPC from 304A of IPC. 8. In the instant case, except the recovery of motorcycle and his clothes, nothing has been recovered. The entire allegation against accused No.2 who thrown big sized stone on the head of the deceased soon after he caused the accident. The only allegation against the petitioner is that, he assaulted the deceased with his fist on the chest of the deceased and had pulled him. 9. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, I proceed to pass the following: ORDER The petition filed under Section 439 of Cr.P.C., is - 7 - HC-KAR NC: 2025:KHC-D:9024 CRL.P No. 102233 of 2025 allowed. The petitioner – accused No.1 is ordered to be enlarged on bail in S.C. No.5036/2025 (Crime No.241/2024 of Hospet Police Station), on the file of learned III Additional District and Sessions Judge, Ballari sitting at Hospet, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses; ii) The petitioner shall appear before the Court regularly without fail; iii) The petitioner shall not involve himself in similar offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List No.: 1 Sl No.: 18