IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101312 OF 2025 (439(CR.PC)/483(BNSS))

BETWEEN:

1. SRI. MALLIKARJUN S/O. IRAPPA KATTI, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. TORANGATTI VILLAGE, TAL. RAMDURGA, DIST. BELAGAVI-591123.

2. SRI. PATREPPA S/O. CHANNAPPA CHIKKUNDI, AGE: 40 YEARS, OCC. AGRICULTURE, R/O. BASIDONI VILLAGE, TAL. SAUNDATTI, DIST. BELAGAVI-591126.

…PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)

AND:

THE STATE OF KARNATAKA D si i g g n it e a d l l b y y V N THROUGH KATKOL POLICE STATION, BADIGER Location:

V N H Ka ig rn h a C ta o k u a r , t of NOW REP. BY STATE PUBLIC PROSECUTOR, BADIGERDharwad Bench D 20 a 2 te 5 : .04.22 HIGH COURT OF KARNATAKA, 11:01:42 +0530 DHARWAD BENCH, AT DHARWAD-580011.

…RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO GRANT BAIL TO THE PETITIONERS/ACCUSED NO. 3 AND 4 IN CRIME NO.112/2024 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 133 AND 352 R/W. 3(5) OF BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 BY THE RESPONDENT KATKOL POLICE STATION PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C. RAMADURG BY ALLOWING THIS PETITION.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri.Srinand A. Pachhapure, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent.

2. Petitioner has approached this Court under Section 483 Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer:

“To grant bail to the Petitioners/Accused No. 3 and 4 in Crime No.112/2024 registered for the offence punishable under Sections 103(1), 133 and 352 read with 3(5) of Bharatiya Nagarika Suraksha Sanhita, 2023 by the Respondent Katkol Police Station pending on the file of Civil Judge and J.M.F.C. Ramadurg by allowing this petition.”

3. Facts in a nutshell, which are utmost necessary for the disposal of the present petition are as under:

A complaint came to be filed by Kashappa Gadigeppa Shivapur before the Katkol Police on 22.10.2024, which was registered in Crime No.112/2024 for the offences punishable under Section 103(1), 133, 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

4. The gist of the compliant averments reveal that the petitioners herein are alleged to have murdered the complainant’s son on the ground that he had an illicit relationship with accused No.2-Sumitra Mallikarjun earlier to marriage and pestering her for illicit relationship to continue even after the marriage of accused No.2 with accused No.3. The deceased did not heed to the best of advice. Therefore, all the accused persons hatched a plan to take away the life of deceased, viz., Gopal. Pursuant to which, on 21.10.2024, at about 08.15 a.m., when the complainant’s son was sitting on the platform of Fakirappa Sattigeri, all the accused persons picked up a quarrel. Accused No.1-Shankar Katti, assaulted the son of the complainant with a club on the head, face and other parts of the body and accused Nos.3 and 4 kicked him.

5. After registering the case, the Police conducted a detailed investigation and filed the chargesheet. The accused are in custody since 23.10.2024 and have co-operated with the investigation.

6. The request made by the petitioners for grant of bail was rejected by the learned District Judge and thereafter, the petitioners are before this Court.

7. Sri.Srinand A. Pachhapure, learned counsel for the petitioners contended that deceased was pestering with the FIR named 2^nd accused for an illicit relationship even after marriage and there were frequent calls in this regard and therefore, all the accused persons took revenge on Gopal, but they did not intend to kill him. 8. The incident has occurred at the spur of the moment, which resulted in the