Karnataka High Court
Sri Kempanna S/O. Arjuna Nesargi vs The State Of Karnataka on 7 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:9972
CRL.P No. 101836 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 101836 OF 2025
(439(Cr.PC)/483(BNSS)-)
BETWEEN:
SRI. KEMPANNA S/O. ARJUNA NESARGI,
AGED ABOUT 27 YEARS,
OCC: AGRICULTURE,
R/O: HOSPETE VILLAGE,
HUKKERI TALUK,
DISTRICT BELAGAVI,
PIN - 591309
...PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
RAKESH REPRESENTED BY:
S STATE PUBLIC PROSECUTOR
HARIHAR HIGH COURT OF KARNATAKA, DHARWAD,
THROUGH PSI
YAMAKAN MARDI POLICE STATION,
Location: HUKKERI TALUKA,
HIGH
COURT OF DISTRICT BELAGAVI.
KARNATAKA ...RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
(U/SEC. 483 OF BNSS, 2023) PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL IN CONNECTION WITH NO.
0185/2022 REGISTERED BY YAMAKANMARDI POLICE STATION, FOR
THE OFFENCE P/U/SC. 143, 147, 148, 120(B), 302, 504, 506, 201,
149 OF IPC R/W SEC.25(1)(a) OF INDIAN ARMS ACT 1959.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2025:KHC-D:9972
CRL.P No. 101836 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in S.C.No.5107/2022 pending before the Court of VII Additional District & Sessions Judge Belagavi sitting at Chikkodi arising out of Crime No.185/2022 registered by Yamakanmardi Police Station, Belagavi District for offences punishable under Sections 143, 147, 148, 120B, 302, 504, 506, 201, 149 of IPC and Section 25(1A) of the Indian Arms Act, 1959 is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.185/2022 was filed by Yamakanmardi Police Station, Belagavi District initially for offences punishable under Section 143, 147, 148, 109, 120B, 302, 504, 506 and 149 of IPC against Basavaraja Bharamappa and others, based on the first information dated 16.07.2022 received from Smt. Ashwini Halakarni, wife of deceased Parashuram. During the course of investigation of the case, petitioner who was arraigned as accused no.2 in the FIR was arrested on 21.07.2022. After completing investigation, charge -3- NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025 HC-KAR sheet has been filed against eleven persons and the petitioner is arraigned as accused no.2 in the charge sheet. His bail application filed before the Jurisdiction Sessions Court was rejected and therefore he had approached this Court in Crl.P.No.100942/2023, which was dismissed as withdrawn with liberty to file a fresh petition vide order dated 13.07.2023. Thereafter, petitioner had filed a fresh bail application before the trial Court in Crl.Misc.No.5075/2025, which was rejected on 22.02.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application.
4. Learned counsel for the petitioner submits that, except the petitioner all the other accused in the present case have been granted regular bail. The petitioner is in custody from 21.07.2022 onwards. Trial in the case is yet to commence. Considering the health condition of the petitioner, this Court has granted interim bail to the petitioner by order dated 29.05.2025. The petitioner who has undergone treatment for his kidney stone is advised to undergo an operation for his heart ailment. He accordingly prays to allow the petition. -4-
NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025 HC-KAR
5. Per contra, learned HCGP has opposed the petition. She submits that petitioner and accused no.10 are the persons who have assaulted the deceased with talwar and had committed his murder. There are eye witnesses to the incident in question. Accordingly, she prays to dismiss the petition.
6. Perusal of the material on record would go to show that accused no.1 had ill-will against the deceased Parashuram and he had conspired with accused nos.1, 2, 5, 8, 9 and 10 to commit the murder of Parashuram. In furtherance of said conspiracy, on 15.07.2022, the aforesaid accused armed with two talwars, dashed the car in which they were travelling against the motorbike of Parashuram and when he fell down, accused nos.2 and 10 assaulted him with the talwars and committed his murder. Accused no.10, Suresh S/o Appayya Shivapure has been granted regular bail by the coordinate bench of this Court in Crl.P.No.103865/2022, disposed of on 15.12.2022. Undisputedly, the petitioner has no other criminal antecedents. He is in custody in the present case from 21.07.2022. Till date, trial in the case has not commenced. -5-
NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025 HC-KAR
7. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA - (2024) 9 SCC 813 in paragraph 17 has observed as follows "17. If the State or any prosecuting agency including the Court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime."
8. Material on record would go to show that the petitioner is suffering from kidney stone and certain heart ailments and considering the same, this Court has granted him interim bail on 29.05.2025. It is brought to the notice of this Court that the petitioner has undergone treatment for his kidney stones and he is now advised to undergo operation for his heart ailment.
9. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. -6-
NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025 HC-KAR
10. Accordingly, the following:
ORDER Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.5107/2022 pending before the Court of VII Additional District & Sessions Judge Belagavi sitting at Chikkodi arising out of Crime No.185/2022 registered by Yamakanmardi Police Station, Belagavi District for offences punishable under Sections 143, 147, 148, 120B, 302, 504, 506, 201, 149 of IPC and Section 25(1A) of the Indian Arms Act, 1959, subject to the following conditions:
i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court;
ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;-7-
NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025 HC-KAR iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
iv. The petitioner shall not involve in similar offences in future.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE NMS/CT:ANB