IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200267 OF 2025 BETWEEN:

RAKESH S/O RAMESH RATHOD, AGE: 26 YEARS, OCC: DRIVER, R/O. THARI TANDA VILLAGE, TQ. SHAHABAD, DIST. KALABURAGI …PETITIONER (BY SRI GANESH NAIK, ADV.)

AND:

THE STATE OF KARNATAKA, THROUGH MADBOOL POLICE STATION, DIST. KALABURAGI, KALAURAGI, ITS REPRESENT BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH, DIST KALABURAGI-585103.

…RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP)

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC

483 OF BNSS, PRAYING TO, ALLOW THE PETITION THERE BY ENLARGE THE PETITIONER ON BAIL IN CRIME NO.45/2024 REGISTERED BY THE MADBOOL POLICE STATION, DIST KALABURAGI FOR OFFENCES PUNISHABLE U/SEC 103(1), 61(2), 238 R/W 3(5) OF BNS, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, SHAHABAD, DIST KALABURAGI.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused no.3 in Crime No.45/2024 registered by Madbool Police Station, Kalaburagi District, for the offences punishable under Sections 103(1), 61(2), 238 read with 3(5) of BNS, 2023, and Section 187 of the Indian Motor Vehicles Act, 1988, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.45/2024 was registered by Madbool Police Station, Kalaburagi District, initially for the offences punishable under Sections 281, 125(b), 106 of BNS, 2023 and Section 187 of the Indian Motor Vehicles Act, 1988, against the driver of a unknown vehicle based on the first information dated 09.07.2024 received from Satish – son of deceased Kallingara. During the course of investigation, when the first informant was interrogated, he revealed that he had entered into a conspiracy with accused nos.2 to 4 to commit the murder of his father and in furtherance of such conspiracy, the offending tractor was dashed against the deceased and he was murdered. It is in this background, the offence punishable under Section 103 of BNS, 2023, was invoked in the present case, and during the course of investigation, petitioner herein was arrested. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.71/2025 was rejected on

31.01.2025. Therefore, he is before this Court.

4. Learned Counsel for the petitioner submits that there is absolutely no material to connect the petitioner to the crime except the confession statement of accused no.1. FIR was initially registered for the offence punishable under Section 106 of BNS, 2023. The respondent-Police have created a false story and arrested the petitioner and other accused persons.

Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition. He submits that investigation of the case is under progress and accused nos.2 to 4 had conspired with accused no.1 for committing the murder of deceased Kallingara only with an intention to make a claim for insurance money. Accordingly, he prays to dismiss the petition.

6. The material on record would go to show that initially FIR was registered for the offences punishable under Sections 281, 125(b), 106 of BNS, 2023 and Section 187 of the Indian Motor Vehicles Act, 1988, on the basis of the first information submitted by the son of deceased Kallingara. During the course of investigation, the first informant was interrogated and it appears that he had confessed to the crime and based on his confession, the other accused persons who had committed the murder of Kallingara were arrested. The material on record would go to show that the first informant who is the son of the deceased had incurred huge debt and since he was unable to pay the same, he had conspired with accused no.2 – Arun Kumar and they decided to commit the murder of the deceased