The main legal point established in the judgment is that the decision to grant bail to an accused, even in cases involving heinous offences, should be based on a careful consideration of the grounds and potential conditions to ensure the safety of the complainant and other witnesses.

JUDGMENT

Shivashankar Amarannavar, J. - This appeal is filed by accused No. 1 challenging the order dated 15.3.2022 passed by the learned III Additional District and Sessions Judge, Belagavi, in Criminal Miscellaneous No. 144/2022 filed under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in respect of Raibag Police Station Crime No. 296/2021 registered for the offences punishable under Sections 143, 144, 147, 148, 120B, 302, 341, 363 and 201 read with Section 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 3(2)(V) & (Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC & ST Act', for brevity).

2. Heard the learned counsel for the appellant/accused No. 1 and the learned High Court Government Pleader for respondent No. 1/State. Respondent No. 2/complainant in spite of service of notice has remained absent and unrepresented.

3. The case of the prosecution is that, one Smt. Savita W/o. Arjun Megade has filed complaint against four unknown persons stating that accused No. 1/Bhimappa is a resident of Gosabal Village of Gokak Taluk, he is a mason by occupation, he has two wives namely Laxmi and Bharati. The first wife has two children and second wife has a son. Accused No. 1 along with two wives and children was staying separately in a rented house in Bendawad Village at about four years ago. At that time the deceased Arjun Maruti Megade of same Bendawad Village has developed an illicit relationship with Bharati the second wife of accused No. 1. Accused No. 1 returned home so early from work whereby he saw the deceased Arjun and his wife together in the house. He tried to catch the deceased but he fled away from the spot. When the villagers of Bendawad became aware of such illicit relationship, accused No. 1 has left the said Village and began to stay with his family in Gosabal Village. But, the deceased Arjun began stalking accused No. 1's wife (Bharati) in Gosabal Village also. As a result, accused No. 1 became enraged and he made a criminal conspiracy with accused Nos. 2 to 6 to eliminate the said Arjun. That on 03.12.2021 at about 11:00 a.m. when the said deceased Arjun who was a milk vendor was proceeding on a two wheeler bearing Registration No. KA-23/EM-4791 from Katakabhavi to Mantur. The accused Nos. 1, 2, 4 and 5 have intercepted him near the land of Govindrao Appasaheb Desai on Mantur-Katakabhavi tar road within the limits of Mantur Village and amongst them, the accused No. 1 heavily assaulted on the head of the said Arjun with iron rod and when the said Arjun lost his consciousness and collapsed, the said accused carried him in a TATA Indigo car bearing Reg. No. KA-48/M-1286. It is on the way the said Arjun succumbed to the injuries in the car itself. The said accused Nos. 1, 2, 4, 5 and 6 threw his body in a big water canal near Mahanteshwar Math in Mannikeri Village. As per the plan hatched by them, the accused No. 3 who is relative of accused No. 1 and resident of Bendawad Village was giving information about the movements and location of the deceased Arjun and accused No. 6 was standing near the big canal in Mannikeri watching the public to ensure that nobody should be there at the time of throwing the dead body in the said canal. The deceased Arjun belongs to Hindu Madar caste and accused Nos. 1, 5 and 6 belong to Hindu Lingayat, accused No. 2 belongs to Hindu Kshatriya and accused No. 4 is Hindu Waddar by caste. It is alleged that accused Nos. 1 to 6 have committed the murder of Arjun Megade as he developed illicit relationship with the second wife of accused No. 1. The said case came to be registered in Crime No. 296/2021 of Raibag Police Station for the offences punishable under Sections 323, 341, 363 read with Section 34 of IPC against the unknown persons. During the course of investigation, Police arrested accused Nos. 1, 4 and 6