- 1 - HC-KAR NC: 2025:KHC-D:18407 CRL.P No. 104876 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.104876 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. GANAPATI S/O. PARASHURAM KAMBLE, AGE. 38 YEARS, OCC. DRIVER AND AGRICULTURIST, R/O. BASTWAD, PIN-591317, TALUKA. RAIBAG, DISTRICT. BELAGAVI. …PETITIONER (BY SRI. SUNIL BABAGOUDA PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE INSPECTOR, RAIBAG P.S., REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, PIN-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, ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CONNECTION WITH RAIBAG P.S. CRIME NO.47/2025 (S.C. NO.5068/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 140(1) AND 238 R/W 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI, BY EXTENDING THE BENEFIT PROVIDED UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18407 CRL.P No. 104876 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.47/2025 of respondent- police for the offence under Sections 103(1), 140(1) and 238 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that a complaint was lodged by the sister-in-law of accused No.2 and the sister of the deceased, stating that accused No.2 and the deceased were husband and wife. It is alleged that accused No.2 had an illicit relationship with accused No.1. In order to continue the said illicit relationship, it is further alleged that both accused hatched a conspiracy to eliminate the deceased. Accordingly, executed the plan and committed the murder of the deceased. Based on the said complaint, - 3 - HC-KAR NC: 2025:KHC-D:18407 CRL.P No. 104876 of 2025 the respondent police registered FIR and, after conducting the investigation, submitted the charge sheet. 3. Heard Sri Sunil Babagouda Patil, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 4. It is the submission of the learned counsel for the petitioner that the entire case of the prosecution is based on circumstantial evidence. The alleged illicit relationship is cited as the motive for the murder, however, it is extremely difficult to prove such alleged relationship. None of the witnesses have spoken about the illicit relationship, except for making baseless and bald allegations against the petitioner and accused No.2. Under such circumstances, allowing the petitioner to languishuing in judicial custody for a prolonged period would serve no purpose. 5. It is further submitted that petitioner is aged about 38 years, working as driver and agriculture and he is permanent resident of Raibag. He will abide the condition - 4 - HC-KAR NC: 2025:KHC-D:18407 CRL.P No. 104876 of 2025 imposed by this Court. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that, though the entire case is based on circumstantial evidence, CWs-16 to 18 support the prosecution case. There is circumstantial evidence that the petitioner committed the murder of the deceased. Under such circumstances, it is not appropriate to grant him bail. Making these submissions, he prays that the petition be rejected. 7. Having heard the learned counsel for the respective parties and on perusal of the averments in the charge sheet, it appears that accused No.1 had an illicit relationship with accused No.2, who is none other than the wife of the deceased. It is alleged that they have committed the murder of the deceased. However, the entire case is based on circumstantial evidence. In view of these facts, it is not appropriate to keep the petitioner in judicial custody - 5 - HC-KAR NC: 2025:KHC-D:18407 CRL.P No. 104876 of 2025 for a prolonged period, when the case rests on circumstantial evidence. 8. Having considering the facts and circumstantial of the case it is appropriate to grant bail as prayed for. 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.47/2025 of respondent- police for the offence under Sections 103(1), 140(1) and 238 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with 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. - 6 - HC-KAR NC: 2025:KHC-D:18407 CRL.P No. 104876 of 2025 iv. The petitioner shall appear before the Trial Court on all hearing dates without fail. v. 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 ASN/CT: UMD List No.: 1 Sl No.: 46