- 1 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103541 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. RUDRAPPA METI S/O. SHANKARAPPA METI, AGED ABOUT 50 YEARS, RESIDING AT HOSAMANIYAVAR ONI, RAYNAL VILLAGE, TQ. HUBBALLI, DHARWAD-580024. …PETITIONER (BY SRI. SANDESH CHOUTA, SR. COUNSEL FOR SRI. AVINASH M.ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, OLD HUBLI POLICE STATION, BY CID POLICE, H AND B WING, CID HEAD QUARTERS, BENGALURU REPRESENTED BY ITS HIGH COURT ADDITIONAL STATE PUBLIC PROSECUTOR, THROUGH OLD HUBLI, POLICE STATION, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN OLD HUBBALLI PS CRIME NO.110/2022 (SC NO.5038/2023) PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI FOR OFFENCES PUNISHABLE UNDER SECTION 109, 114, 143, 147, 148, 120(B), 341, 302 READ WITH SECTION 149 OF IPC IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 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) This petition is filed by the petitioner seeking to enlarge him on bail in Crime No.110/2022 of Old Hubballi Police Station registered for the offences punishable under Sections 109, 114, 143, 147, 148, 120(B), 341 and 302 r/w. Section 149 of Indian Penal Code, 18601. 2. Factual matrix of the case; The present petition is a forth bail petition filed on the changed circumstances. A petition was filed by the petitioner in Crl.P.No.103511/2022 and the same came to be rejected by this Court vide order dated 05.12.2022. Again he moved a petition in Crl.P.No.103237/2023 and the same came to be dismissed on 20.12.2023. Again he approached this Court by filing similar application and the same came to be rejected. Even the petitioner went up to 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 of 2025 the Hon’ble Supreme Court by filing SLP and the same came to be rejected on merit. 3. The petitioner is accused No.3 in Crime No.110/2022 of respondent/Police. The case of the prosecution is that the complainant filed a complaint before the respondent/Police stating that one and half year ago he was elected as Panchayath member of Gangivala Grama Panchayath. His elder brother was doing good works in the village. His brother had love affair with one girl of Meti family and married her few years ago. 4. It is alleged that prior to 15 days of filing of the complaint ‘No-Confidence-Motion’ was moved against the President and Vice-President of Rayanal Grama Panchayath. Accused No.8 accompanied CW.1 on his motorcycle and went to the house of his brother Deepak Patadari. Both Deepak and accused No.8 were sitting and chatting the affairs of Panchayath office. Around 10:15 pm, the accused No.8 requested his brother that he wants to go back to his - 4 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 of 2025 village, however, he had no motorcycle and asked him drop to Rayanal village. 5. Around 10:30 pm, when the complainant was at home, the friends of his brother namely Paramananda Shyamgundi and Rudrappa Shettenagouda informed him that accused Nos.1 to 7 and 10 and 11 were assaulting his brother with Knife, Talwar and Clubs and asked him to come immediately. On the said information, the complainant and his friend Arun Balad rushed to the spot. However, by that time, his brother was taken to KIMS, Hospital, Hubballi and got him admitted to the said Hospital. 6. The complainant had enquired the Doctor, they informed him that he was not in a position to talk. However, on the following day, the deceased succumbed to the injuries. Hence, a complaint came to be registered. On the basis of the said complaint, respondent/Police have registered a case in Crime No.110/2022 for the offences punishable stated supra. - 5 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 of 2025 7. Heard the learned Senior counsel Sri.Sandesh Chouta appearing for learned counsel Sri.Avinash M. Angadi appearing for the petitioner. The learned Senior Counsel submitted that this is the forth petition filed for the relief of grant of bail under the changed circumstances. The learned Senior counsel further contended that, as per the averments of the charge-sheet, the petitioner is arrayed as accused No.3. The allegations made against the petitioner is that he was present at the time when the alleged incident had taken place however, no specific overt-act is attributed against the alleged petitioner. 8. It is further submitted that this Court vide its order dated 06.08.2024 directed the Trial Court to dispose off the matter within one year from the date of receipt of the order of this Court. However, the said order has not been complied. Moreover, there are 64 witnesses to be examined. The appellant has been in Judicial Custody for three years. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions and also on the ground - 6 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 of 2025 that, the order of this Court has not been complied. Making such submissions, the learned Senior counsel prays to allow the petition. 9. Per contra, the learned High Court Government Pleader vehemently submitted that this is the forth bail petition filed under no changed circumstances. In fact, the grounds urged in this petition were urged in the previous petitions also and those petitions were considered on merits and disposed off by rejecting the petitions. Therefore, it is not appropriate to grant the relief as prayed for in the petition. 10. Having heard the learned counsel for the respective parties and also perused the charge-sheet materials available on record, it appears that the present petitioner is arrayed as accused No.3, the overt-act against him has not been mentioned in the charge-sheet. There are omnibus allegations made against the accused. - 7 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 of 2025 11. Be that as it may, the bail petition of this petitioner went up to the Hon’ble Supreme Court and the Hon’ble Supreme Court not inclined to grant the relief on merit. 12. The present petition is filed under the changed circumstances that the trial has not been concluded within one year from the date of receipt of copy of the order passed in Crl.P.No.101889/2024 vide order dated 06.08.2024. Even in the additional charge-sheet submitted by the respondent, the overt-act against the petitioner has not been made out. Therefore, it is appropriate to grant the relief as prayed for by imposing suitable conditions that would take care of the apprehension of the prosecution. 13. Accordingly, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.110/2022 of - 8 - HC-KAR NC: 2025:KHC-D:13905 CRL.P No. 103541 of 2025 respondent/Police on executing personal bond for a sum of Rs.2,00,000/- [Rupees Two Lakhs only] with 2 sureties for likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioner shall not involve in any similar or any other criminal cases. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. In the event of violation of any of the conditions stated above, the liberty is reserved either to the prosecution or to the complainant to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 40