- 1 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103799 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: GANGADHAR S/O. ASHOK KOBBANNAVAR, AGE. 27 YEARS, OCC. PRIVATE WORK, RESIDING AT KUSUGAL VILLAGE, TALUK. HUBBALLI, DIST. DHARWAD-580025. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE FOR SRI. A.C. CHAKALABBI, ADVOCATE) AND: THE STATE OF KARNATAKA (RURAL POLICE STATION, HUBBALLI) REP. BY SPP, HIGH COURT OF KARNATAKA HIGH COURT BUILDING, DHARWAD-580005. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C./483 OF BNSS, PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SC NO. 5036/2025 FOR THE OFFENCES PUNISHABLE U/SEC 103, 49 R/W SEC 3(5) OF BNS-2023 ARISING OUT OF HUBBALLI RURAL P.S. CRIME NO.8/2025 AND THE SAME IS PENDING ON THE FILE OF I ADDL DISTRICT AND SESSION JUDGE DHARWAD SITTING AT HUBBALLI, IN SO FAR AS THE PETITIONER/ACCUSED NO.1 IN THE ABOVE CASE TO MEET THE ENDS OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. S. B. Doddagoudar, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleaded for the respondent-State. 2. This petition is filed by the petitioner/accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘BNSS’ for short) seeking for grant of regular bail in Crime No.08/2025 registered by Hubballi Rural Police Station for the offences publishable under Sections 103 and 238 of Bharatiya Nagarik Sanhita, 2023 (hereinafter ‘BNS’ for short), which is now subject matter of sessions case in SC No.5036/2025 pending on the file of I Additional District and Sessions Judge, Dharwad (sitting at Hubballi), with the following prayer: “Wherefore, the petitioner most respectfully prays as under: - 3 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 Wherefore it is most humbly prayed that the Hon’ble Court be pleased to enlarge the petitioner/accused No.1 on regular bail in SC No.5036/2025 for the offences punishable under Sections 103, 49 R/w. Section 3(5) of BNS-2023 arising out of Hubballi Rural Police Station Crime No.08/2025 and the case is pending on the file of I Additional District and Sessions Judge, Dharwad sitting at Hubballi on such terms and conditions as this Hon’ble Court deems fit and just, insofar as the petitioner/accused No.1 in the above case to meet the ends of justice.” 3. The facts which are utmost necessary for disposal of the present petition are as under: 3.1. A complaint came to be lodged contending that the petitioner is the son of Ashok Kabbanna (deceased) and stepson of Sharavva. There used to be frequent quarrel and pestering of the deceased by the accused No.1 with regard to mutation of revenue entries in respect of property measuring 2 acres 11 guntas situated in Kusugal Village, to his name as without possessing the property, he would not get any alliance for his marriage. - 4 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 3.2. When the matter stood thus, accused No.1 said to have entertained an idea that if his father is eliminated, automatically the entries of the aforesaid property would stand mutated in his name. In that regard, accused No.1 who is the present petitioner hatched a plan with his maternal uncle who is accused No.2. Accused No.2 instigated accused No.1 to take away the life of his father and based on such instigation, it is alleged that on 09.01.2025 in the midnight at 11.50, petitioner caused fatal injuries on the head and neck of his father Ashoka and step mother Sharavva and thereby committed their murder in their house and petitioner disappeared from the scene. 4. Based on the complaint, Hubballi Rural Police registered a case in Crime No.08/2025 for the offences stated supra. After thorough investigation, police filed the charge sheet against the accused persons for the offences under Sections 103, 49 and 3(5) of BNS, 2023. 5. Prosecution case rests on the circumstantial evidence. Attempt made by the petitioner to obtain an - 5 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 order for grant of bail before the Sessions Court is turned down by the learned Sessions Judge by order dated 02.08.2025 in S.C. No.5036/2025. Thereafter, the petitioner is before this Court. 6. Sri. S. B. Doddagoudar, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contented that the case of the prosecution being based on circumstantial evidence, continuation of the accused in judicial custody is no longer warranted. 7. He would further contend that there was an agreement to mutate the name of the petitioner to the extent of 01 acre in the land situated in Kusugal Village and therefore, there was no motive for the petitioner to commit the murder of his natural father and step mother. In the absence of any eye witnesses to the incident and motive being not present, only on the basis of the Forensic Science Laboratory report and post mortem report, the petitioner need not be continued in the judicial custody any longer. Hence, he sought for allowing the petition. - 6 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 8. Per contra, Sri. P. N. Hatti, learned High Court Government Pleader for the respondent-State opposes the bail grounds. 9. He would further contend that the material on record would sufficiently implicate the role of the accused in the case on hand especially non-explanation with regard to the blood stains found on his clothes which was seized under the seizure panchanama. 10. FSL report clearly indicates that the blood stains found on the clothes seized from the custody of the accused tallies with the blood stains of the dead body and other articles and therefore, prima facie there is a nexus between the incident and the petitioner. 11. He would also contend that prima facie motive for the incident is established by the contents of the complaint as well as the statements of the circumstantial witnesses and therefore, the bail application has to be rejected. - 7 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 12. Having heard the arguments of both sides this Court perused the material on record meticulously. 13. On such perusal of the material on record, accused No.1 is alleged with the offence of committing murder of his natural father and step mother. 14. The motive for the incident as could be seen from the complaint averments and the statements of the charge sheet witnesses is that, the deceased Ashoka having refused to mutate the entries of the land situated in Kusugal Village in the name of the petitioner. 15. It is also found from the complaint averments that because the petitioner does not possess any tangible assets, his attempts to have a marriage alliance were refused by the prospective brides. Taking note of the fact that the case of the prosecution rests on the circumstantial evidence, at least till the examination of last seen theory witness, motive witness and recovery witness, enlarging the petitioner on bail may result in tampering the prosecution witnesses. - 8 - HC-KAR NC: 2026:KHC-D:94 CRL.P No. 103799 of 2025 16. The apprehension expressed in this regard by the prosecution is well founded and therefore, at least till the examination of the material witnesses the bail request of the petitioner cannot be entertained by this Court. It is always open for the petitioner to renew his request for grant of bail if there are positive changed circumstances in the case. 17. Hence, the following: ORDER (i) The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 6