IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.104846 OF 2025

(438(Cr.PC)/482(BNSS))

BETWEEN:

BEERAPPA S/O. SHETTEPPA BARAGI,

AGED ABOUT 33 YEARS, OCC. COOLIE,

R/O. MUGALAKHOD, TQ. MUDHOL,

DIST. BAGALKOT-587102.

…PETITIONER

(BY SRI. VITTHAL S.TELI, ADVOCATE)

AND

THE STATE OF KARNATAKA,

REP. BY THE STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

Digitally signed by

DHARWAD BENCH, DHARWAD,

SAMREEN AYUB

DESHNUR THROUGH RAIBAG POLICE STATION,

Location: HIGH

COURT OF BELAGAVI-580002.

KARNATAKA

…RESPONDENT

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

OF CR.P.C. (482 OF BNSS), PRAYING TO, GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST OF PETITIONER/ACCUSED NO.5 IN SC NO.5041/2024 (RAIBAG P.S. CR.NO.335/2023) PENDING ON THE FILE OF THE VII ADDL. SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI FOR OFFENCES UNDER SECTIONS 143,

147, 148, 120B,364, 302, 201, R/W SECTION 149 OF IPC.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.335/2023 of respondent/Police for the offence under Sections 143, 147, 148, 120(B), 364, 302, 201 r/w. Section 149 of Indian Penal Code, 1860, For short ‘IPC’

2. Brief facts of the case;

It is the case of the prosecution that the complainant has one daughter namely Mahadevi. She was given in marriage with Sangappa. During her lifetime, her husband died. Therefore, she came back to her parents’ house and staying with them. After coming back to her parents’ house, she filed a case against the brothers of her husband for partition of the property of which her husband entitled to have share.

3. It is stated in the complaint that the accused No.1 said to have entered into an agreement of sale in respect of the property of which the husband of Mahadevi had a share. It is further stated that there are number of civil disputes between Mahadevi and family of her husband. All the cases have been maintained by the deceased Kallappa. The said Kallappa had stood as a rock to her sister and also supporting her by filing the number of cases against her family members.

4. It is further averred in the complaint that the accused No.1 being agreement holder of the property of which the deceased husband of Mahadevi had share, conspired with other co-sharers of the properties and killed the deceased and threw the said dead body on the road side to show as if he died due to accident.

5. After receiving the said information, the complainant went to the spot and found that his son was lying on the roadside. After seeing the dead body and suspecting the foul play of the petitioner and other accused lodged a complaint. The jurisdictional police have registered a case in Crime No.335/2023 for the aforesaid offences. During investigation, the respondent/Police have involved this petitioner in the present case and thereafter they submitted the charge sheet.

6. Heard Sri.Vitthal S.Teli, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent/State.

7. The submission of the learned counsel for the petitioner is that, the petitioner is arrayed as accused No.5. There is no specific overt-act is attributed against the petitioner. The petitioner has been implicated in this case only on the basis of voluntary statement of the co-accused.

8. The petitioner is seeking anticipatory bail on the ground that, no anticipatory bail is attributed against the petitioner and till today, he has not been arrested by the respondent/Police. However, there is an apprehension of his arrest. Hence, the petitioner is seeking for anticipatory bail. Making such submissions, learned counsel for the petitioner prays to allow the petition.

9. Per contra, the learned High Court Government Pleader for respondent/State ve