- 1 - HC-KAR NC: 2025:KHC-D:18432 CRL.P No. 104998 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.104998 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SIDDAPPA S/O SURYAKANT SONNAD, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. ATALATTI, KATTIJAPUR, TQ. AND DIST. VIJAYAPUR-586114. …PETITIONER (BY SRI. MAQBOOL AHAMAD, M.PATIL, ADVOCATE FOR SRI. RAHUL S.KUNTOJI, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC PROSECUTOR, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18432 CRL.P No. 104998 of 2025 HIGH COURT BUILDING, DHARWAD, THROUGH PSI, SAVALAGI POLICE STATION, DIST. BAGALKOT-587301. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, DIRECT THE SAVALAGI POLICE TO RELEASE THE PETITIONER (ACCUSED NO.5) ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN RESPECT OF SAVALAGI P.S. CRIME NO.49/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115, 109, 352 AND 190 OF BNS, 2023, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, JAMAKHANDI AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18432 CRL.P No. 104998 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The present petitioner / accused No.5 is before this Court seeking for grant of anticipatory bail in Crime No.49/2025 of respondent-police for the offences under Sections 189(2), 191(2), 191(3), 115, 109, 352 r/w 190 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, Sadashiv s/o. Malakari Padasalagi being the complainant, stated in his complaint that, his uncle’s son Somu s/o. Parasappa Padasalagi had illicit relationship with his wife, namely, Shanta. After coming to know the said fact, the complainant advised him to live properly and also instructed him to quit the illicit relationship with his wife. 3. On 03.02.2025, again the complainant had advised and instructed the said Somu to quit the relationship with his wife, however, the accused No.1 was continuing the said relationship without heeding the words of the complainant. - 4 - HC-KAR NC: 2025:KHC-D:18432 CRL.P No. 104998 of 2025 4. It is further stated that, on 11.04.2025, during night hours, the complainant and his friend Somaling were going on the motorcycle for the purpose of irrigating the land. In the meantime, Somu who is the cousin of the complainant came in his red car and stated to have dashed the motorcycle. Consequently, the rider and pillion rider were fell down on the ground. Immediately, the said Somu got down from the car by holding iron rod in his hand and started assaulting both of them. The complainant, however, escaped from their clutches and reached house of Sunil Jadav. The complainant has reached the spot where the incident has occurred along with said Sunil Jadav. In the meantime, his friend Somaling had sustained severe injuries. Thereafter, the injured was shifted to the hospital for treatment. Hence, the complaint. 5. Based on the said complaint, the respondent – Police have registered a case. The investigation is under progress. 6. Heard Sri. Maqbool Ahamad, learned counsel for Sri Rahul S. Kuntoji, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent - State. - 5 - HC-KAR NC: 2025:KHC-D:18432 CRL.P No. 104998 of 2025 7. The submission of the learned counsel for the petitioner is that, the petitioner is arraigned as accused No.5. As per the averments of the complaint, the complainant had seen only accused No.1 and he was not aware about the others who were sitting in the said car. Such being the case, implicating the present petitioner on the basis of the voluntary statement of the co-accused is impermissible. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions, he will abide the said conditions in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent - State vehemently submitted that, the present petitioner is arraigned as accused No.5. It is, therefore, clear in the said complaint that, there were four to five persons sitting in the car. All the said persons had common intention to commit murder of the complainant and his friend, hence, they assaulted brutally and caused severe injuries to the complainant and his friend. Since the complainant is an eyewitness to the incident, it is not appropriate to grant bail, in the interest of the - 6 - HC-KAR NC: 2025:KHC-D:18432 CRL.P No. 104998 of 2025 said eyewitness. Making such submissions, learned High Court Government Pleader prays to reject the petition. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, the entire case is revolving around accused No.1 - Somu Parasappa, who is stated to have had an illicit relationship with the wife of the complainant. However, as per the averments of the said complaint, the complainant had seen only accused No.1 and not others. In the said complaint, the description of the present petitioner was not forthcoming. 10. Having considered the facts and circumstances of the case, without adverting to the merit of the case, it is appropriate to grant bail, as prayed for, on imposing suitable conditions that would take care of the apprehension of the prosecution. 11. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail, in the event of his arrest in Crime No.49/2025 of respondent-police for the offence under Sections 189(2), 191(2), 191(3), 115, 109, - 7 - HC-KAR NC: 2025:KHC-D:18432 CRL.P No. 104998 of 2025 352 r/w 190 of the Bharatiya Nyaya Sanhita, 2023, on executing a personal bond in a sum 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 appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation till filing of the charge sheet. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. 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/CT: UMD/ Bss List No.: 1 Sl No.: 54