- 1 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100044 OF 2026 (439(CR.PC)/483(BNSS)) BETWEEN: SIDDALINGAYYA S/O GURUSWAMY NAYKAL HIREMATH AGE 56 YEARS, OCC. MECHANIC R/O. CHITRAGARA STREET, KINNAL, TQ. AND DIST. KOPPAL 583230. …PETITIONER (BY SRI. V.P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY KOPPAL WOMEN PS, TQ AND DIST KOPPAL R/BY ADDL S.P.P., HIGH COURT PREMISES DHARWAD 580011. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS, 2023, SEEKING TO ENLARGE THE PETITIONER/ SOLE ACCUSED ON REGULAR BAIL FOR THE CRIME REGISTERED BY THE KOPPAL WOMEN PS IN CRIME NO.24/2024, KOPPAL PENDING ON THE FILE OF THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL FOR THE ALLEGED OFFENCES PUNISHABLE U/S 304, 201 OF IPC IN S.C.NO.43/2024, AND CONSEQUENTLY ALLOW THE PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:36 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. V. P. Vadavi, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent-State. 2. Accused in S.C. No.43/2024 is the petitioner filed the present petition under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 2023 with the following prayer: “Wherefore, it is most respectfully prayed that, this Hon’ble Court be pleased to enlarge the Petitioner/sole accused on regular bail for the Crime registered by Koppa Women Police Station in Crime No.24/2024, pending on the file of the Court of Prl. District and Sessions Judge, Koppal for the alleged offences punishable U/Sec.304, 201 of IPC in SC No.43/2024, and consequently, allow the petition in the interest of justice and equity.” 3. Gist of the charge sheet material would prima facie establish that the accused is guilty of the offences - 3 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 punishable under Sections 304 and 201 of the Indian Penal Code, 18601. 4. The incident as could be seen from the material on record has occurred on 19.04.2024 at about 08.00 a.m., when complainant had taken his daughter on his motorcycle to fetch water, accused said to have intercepted the motorcycle and told the complainant to get Ghutka and gave Rupee One to the deceased girl to eat something. 5. Thereafter, at about 01.30 p.m., on the same day when the deceased girl was proceeding towards the house of CW15, again accused intercepted her free movement and told her to get Ghutka from the shop which was refused by the deceased girl. 6. Again at about 03.00 p.m., on the same day when accused was sitting on the platform of his house, he spotted the deceased girl proceeding towards her house. At that juncture, again he told the deceased girl to fetch 1 For short, ‘IPC’ - 4 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 Ghutka, which was again refused by the deceased girl and therefore, he got enraged and assaulted her with a stick. 7. The deceased girl lost her consciousness and thereafter, she fell down. In order to screen the said act, he put her in a fertilizer bag and tied the same, thinking that she is no more and kept her in dilapidated house for about two days. Blood was oozing out from the bag and he cleaned the same with water and having feared about the smelling of the body from his house, he took the dead body and threw it in the gutter. 8. Missing complaint lodged by the complainant ultimately ended in recovering the dead body at the instance of the accused and thereafter, charge sheet came to be filed. 9. The Investigation Agency itself has invoked the offence punishable under Section 304 of IPC, as at the first instance, the girl was not dead and she had only become unconscious. - 5 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 10. Attempt made by the petitioner to obtain an order of grant of bail is turned down by the learned Sessions Judge. Thereafter, the petitioner is before this Court. 11. Learned counsel appearing for the petitioner from Legal Services Authority would strenuously contended that since the charge sheet is filed and incident has occurred in the spur of moment on account of the deceased girl refusing to get Ghutka, continuation of the accused in judicial custody is no longer warranted and sought for grant of bail. 12. Per contra, learned High Court Government Pleader for respondent-State opposes the bail grounds contending that refusal to fetch Ghutka from the nearby shop, could not be a reason for taking away the life of a young girl and therefore, sought for rejection of the bail. 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 6 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 14. As could be seen from the material on record, petitioner is obsessed in eating Ghutka. He was demanding all the passersby in front of his house to fetch Ghutka for him. 15. As could be seen from the complaint itself, on the very same day in the morning he had given Rupees Five to complainant and asked him to get Ghutka. In the afternoon session again when the deceased girl was proceeding towards the house of CW15, accused intercepted her and demanded Ghutka and the same was refused by the deceased girl. 16. Later on, when the deceased girl was returning home at about 03.00 p.m., again accused saw the deceased girl and demanded for fetching Ghutka, which was again refused by the deceased girl and being enraged with the same, petitioner who is obsessed with the mental condition of eating Ghutka, assaulted the deceased girl with a stick on her head and immediately the girl fell down and lost her consciousness. - 7 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 17. In order to destroy the evidence of the incident, and also thinking that she is no more, he managed to get the dead body put in a fertilizer cover and tied it and then kept it in a dilapidated house and later on when the body was smelling, he threw the same in a gutter. 18. Missing complaint ultimately resulted in recovery of the dead body at the instance of the accused. 19. Though case of the prosecution is based on circumstantial evidence, since the recovery of the dead body was made at the instance of the petitioner, there exist prima facie materials which would definitely interfere with the exercise of the discretionary and special powers vested in this Court under Section 439 of the Code of Criminal Procedure, 1973, in accepting the request of the petitioner. 20. Accordingly, the following: ORDER (i) The petition is dismissed. (ii) However, taking note of the fact that the accused is in custody, the learned - 8 - HC-KAR NC: 2026:KHC-D:1680 CRL.P No. 100044 of 2026 Trial Judge is directed to expedite the trial. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 1 SL NO.: 18