- 1 - HC-KAR NC: 2025:KHC-D:17743 CRL.P No. 104612 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104612 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. KISHORI LAL KUSHWAHA S/O. ARJUN KUSHWAHA, AGE. 53 YEARS, OCC. FACTORY WORKER, R/O. BANAPURA VILLAGE-472331, UPARAR POST, LIDHOR TALUKU, MADHYA PRADESH. …PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KUDUTHINI P.S.,REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO RELEASED ACCUSED NO.2/PETITIONER ON REGULAR BAIL IN THE CRIME NO.89/2024 OF KUDUTHINI PS, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61(1), 3(5) OF BNS PENDING BEFORE 2ND ADDL. DISTRICT AND SESSIONS JUDGE BALLARI IN SC NO.78/2024 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17743 CRL.P No. 104612 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 regular bail in Crime No.89/2024 of respondent- Police for the offences under Sections 103(1), 238, 61(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by Gajaraj S/o. Phul Chand resident of Madhya Pradesh and presently working at Jindal Saw Limited. It is further stated that, his brother-in-law namely Ramshankar Vishwakarma @ Bablu was also working in the said factory as Carpenter. On 05.07.2024 around about 3:00 pm, he was asked by the Supervisor about his brother-in-law, he stated to have replied that he has not seen him. Thereafter, the complainant on the following day i.e. on 06.07.2024 around about 11:00 am had received an - 3 - HC-KAR NC: 2025:KHC-D:17743 CRL.P No. 104612 of 2025 information that, his brother-in-law was killed by the fellow members and the dead body is kept in a septic tank. It is further stated that, the complainant after having learnt that his brother-in-law was killed by accused No.1-Surendra and another, lodges a complaint against them. 3. The respondent-Police based on the said information, registered FIR in Crime No.89/2024. After conducting the investigation, submitted the charge sheet. 4. Heard Sri.Neelendra D.Gunde, learned counsel for the petitioner and Sri.Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent- State. 5. The submission of the learned counsel for the petitioner is that, petitioner is innocent of the alleged offences and he has been falsely implicated in this case. This is the successive bail application filed on the ground that, there are 54 charge sheet witnesses and only 8 witnesses have been examined. The said witnesses have - 4 - HC-KAR NC: 2025:KHC-D:17743 CRL.P No. 104612 of 2025 not supported the case of the prosecution. Moreover, the CCTV footage though it is seen, the presence of the petitioners was not seen in the said footage. Initially, complaint came to be registered against two persons. However, the overt act has not been attributed properly. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions that may take care of the apprehension of the prosecution. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, though the entire case is based on the circumstantial evidence, CCTV footage would indicate that the present petitioner is responsible for the murder of the deceased. Hence, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also on perusal of the averments of - 5 - HC-KAR NC: 2025:KHC-D:17743 CRL.P No. 104612 of 2025 the complaint and the charge sheet, it would indicate that the complaint came be registered against the accused No.1 and another, but the fact remains that the petitioner is arrayed as accused No.2 and no overt act is attributed against him. 8. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 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.89/2024 of respondent-Police for the offences under Sections 103(1), 238, 61(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with - 6 - HC-KAR NC: 2025:KHC-D:17743 CRL.P No. 104612 of 2025 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 appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. 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 RH/CT: UMD List No.: 2 Sl No.: 47