IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 18^TH DAY OF DECEMBER 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO. 104440 OF 2025

(439(Cr.PC)/483(BNSS)-)

BETWEEN:

1. DAYANAND S/O SIDDAPPA GANI,

AGE: 29 YEARS, OCC: EMPLOYEE,

R/O: UDAGATTI,

TAL: DIST: BAGALKOTE- 587101.

2. YAMANAPPA S/O SIDDAPPA GANI,

AGE: 26 YEARS, OCC: COOLIE,

R/O: UDAGATTI,

TAL: DIST: BAGALKOTE- 587101.

…PETITIONERS

(BY SRI. V.M. SHEELVANT, ADVOCATE)

AND:

1. STATE OF KARNATAKA,

BY PSI BILAGI POLICE STATION, BAGALKOT,

Digitally signed

by SREEDHARAN REPRESENTED BY

BANGALORE

SUSHMA STATE PUBLIC PROSECUTOR,

LAKSHMI

HIGH COURT OF KARNATAKA,

Location: High

Court of DHARWAD BENCH,

Karnataka

AT DHARWAD- 580001.

2. GANESH S/O BASAPPA MAREMMANAVAR,

AGE: 27 YEARS, OCC: AGRICULTURE,

R/O: LINGAPUR S.K.,

TQ: BILAGI, DIST: BAGALKOT- 580001.

3. RAVI S/O. KHEMU NAIK,

AGE. 37 YEARS, OCC. LABOUR,

R/O. ARAKERI L.T.NO.6,

NOW AT: SUBHAS NAGAR, B. KATI HALLI, HASSAN, TQ. TIKOTA, VIJAPURA, PIN-586101, KARNATAKA.

4. PARASHURAM S/O. KHEMU RATHOD @ NAIK, AGE. 34 YEARS, OCC. LABOUR, R/O. ARAKERI L.T.NO.6, TQ. TIKOTA, NOW AT: TORVI, DIST. VIJAPURA, PIN- 586101, KARNATAKA.

5. KISHAN S/O. KHEMU NAIK, AGE. 22 YEARS, OCC. STUDENT, R/O. ARAKERI L.T.NO.6, TQ. TIKOTA, NOW AT: VIJAPURA, DIST. VIJAPURA, PIN- 586101, KARNATAKA.

RESPONDENT NO.3 TO 5 ARE THE BROTHERS OF THE DECEASED AJAY S/O. KHEMU NAYAK.

…RESPONDENTS (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP FOR R1, NOTICE TO R2 & R5 ARE SERVED)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.

(483 OF BNSS) SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO. 1 AND 2 ON BAIL IN SPL.C.NO. 97/2025 IN CRIME NO. 63/2025 BY THE BILAGI POLICE STATION PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE BAGALKOTE REGISTERED FOR THE OFFENCE P/U/SEC. 103(1), 238, 61(2) AND 3(5) OF BNS AND SEC. 3(2)(V) OF SC/ST (POA) ACT, 1989 AND ETC.

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

CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH

ORAL ORDER

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

1.

The petitioners /accused Nos.1 and 2 are before this Court seeking for regular bail in Crime No.63/2025 of respondent police in Special Case No.97/2025 pending on the file of IV Additional District and Sessions Judge, Bagalkote for the offences punishable under Sections 61(2), 103(1) and 238 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS 2023’) and under Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘S.C and S.T (POA) Act, 1989.

Factual matrix of the case:

2.

The case of the prosecution is that the complainant, namely, Ganesh Maremmanawar, lodged a complaint stating that an unidentified dead body of a male was floating in the Ghataprabha river and he had seen the dead body near the bank of the Ghataprabha river. On seeing the dead body, the complainant lodges a complaint before the respondent police. The respondent police registered a case in Crime No.63/2025 against unknown persons. The respondent police after registering the case, conducted investigation. During investigation, the respondent - police learnt that the sister of the petitioners, namely, Jyothi D/o Siddappa Gani was having love affair with deceased Ravi S/o Khemu Nayak since from the college days. They worked together at different companies in Bengaluru. Later, Jyothi had shifted to her native and got married. It is further stated that the deceased in or the other pretext was creating problem and he was not allowing Jyothi to lead peaceful life. Hence, it is alleged that the petitioners had killed the deceased and threw the dead body into Ghataprabha river. After conducting investigation, charge sheet has been submitted by the respondent police.

3.

Heard Sri.V.M.Sheelvant, learned counsel for the petitioners and Sri.Praveen Devareddiyavara, learned HCGP for the respondent No.1– State.

4.

It is the submission of learned counsel for the petitioners that the petitioners are innocent of t