- 1 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104846 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: BEERAPPA S/O. SHETTEPPA BARAGI, AGED ABOUT 33 YEARS, OCC. COOLIE, R/O. MUGALAKHOD, TQ. MUDHOL, DIST. BAGALKOT-587102. …PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH RAIBAG POLICE STATION, BELAGAVI-580002. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST OF PETITIONER/ACCUSED NO.5 IN SC NO.5041/2024 (RAIBAG P.S. CR.NO.335/2023) PENDING ON THE FILE OF THE VII ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI FOR OFFENCES UNDER SECTIONS 143, 147, 148, 120B,364, 302, 201, R/W SECTION 149 OF IPC. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.335/2023 of respondent/Police for the offence under Sections 143, 147, 148, 120(B), 364, 302, 201 r/w. Section 149 of Indian Penal Code, 18601. 2. Brief facts of the case; It is the case of the prosecution that the complainant has one daughter namely Mahadevi. She was given in marriage with Sangappa. During her lifetime, her husband died. Therefore, she came back to her parents’ house and staying with them. After coming back to her parents’ house, she filed a case against the brothers of her husband for 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 of 2025 partition of the property of which her husband entitled to have share. 3. It is stated in the complaint that the accused No.1 said to have entered into an agreement of sale in respect of the property of which the husband of Mahadevi had a share. It is further stated that there are number of civil disputes between Mahadevi and family of her husband. All the cases have been maintained by the deceased Kallappa. The said Kallappa had stood as a rock to her sister and also supporting her by filing the number of cases against her family members. 4. It is further averred in the complaint that the accused No.1 being agreement holder of the property of which the deceased husband of Mahadevi had share, conspired with other co-sharers of the properties and killed the deceased and threw the said dead body on the road side to show as if he died due to accident. - 4 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 of 2025 5. After receiving the said information, the complainant went to the spot and found that his son was lying on the roadside. After seeing the dead body and suspecting the foul play of the petitioner and other accused lodged a complaint. The jurisdictional police have registered a case in Crime No.335/2023 for the aforesaid offences. During investigation, the respondent/Police have involved this petitioner in the present case and thereafter they submitted the charge sheet. 6. Heard Sri.Vitthal S.Teli, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent/State. 7. The submission of the learned counsel for the petitioner is that, the petitioner is arrayed as accused No.5. There is no specific overt-act is attributed against the petitioner. The petitioner has been implicated in this case only on the basis of voluntary statement of the co-accused. - 5 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 of 2025 8. The petitioner is seeking anticipatory bail on the ground that, no anticipatory bail is attributed against the petitioner and till today, he has not been arrested by the respondent/Police. However, there is an apprehension of his arrest. Hence, the petitioner is seeking for anticipatory bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, the petitioner is arrayed as accused No.5. He was absconding from the case. The offence committed by the petitioner is punishable with death or imprisonment of life. Under such circumstances, if the petitioner is enlarged on bail, there may be chances of he again absconding from the case or it gives wrong message to the Society at large. Hence, it is not appropriate to grant anticipatory bail by considering the impact on the Society at large. Making such submissions, he prays to reject the petition. - 6 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 of 2025 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and the charge-sheet, the entire case is based on the circumstantial evidence. The allegations made against the present petitioner is that, he might have committed the murder of the son of the complainant on account of enmity in respect of civil dispute between the deceased and the petitioner. However, the respondent/Police have not traced the petitioner till today. 11. Having considered the in-action of the Police in tracing the petitioner, it is appropriate to grant him anticipatory bail. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.162/2025 of respondent/Police on - 7 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 of 2025 executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall appear before the Trial Court and execute the personal bond and also furnish the surety. (b) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (c) The petitioner shall appear before the Trial Court on all hearing dates without fail. (d) The petitioner shall not commit any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2025:KHC-D:18162 CRL.P No. 104846 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 PJ/CT: UMD List No.: 1 Sl No.: 11