Karnataka High Court
Ramesh S/O Adiveppa Ambigera vs The State Of Karnataka on 22 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 103102 of 2025
C/W CRL.P No. 103105 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103102 OF 2025
C/W
CRIMINAL PETITION NO. 103105 OF 2025
(439(CR.PC)/483(BNSS))
IN CRL.P. NO. 103102 OF 2025:
BETWEEN:
RAMESH S/O ADIVEAPPA AMBIGERA,
AGE. 22 YEARS, OCC. PRIVATE WORK,
R/AT: ANAND NAGAR, AMBEDKAR COLONY,
NEAR MAILARLINGESHWARA TEMPLE,
OLD HUBBALI, TQ. HUBBALLI,
DIST. DHARWAD-580 028.
... PETITIONER
(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)
AND:
Digitally signed
THE STATE OF KARNATAKA,
RAKESH
by RAKESH S
HARIHAR VIDYANAGAR POLICE STATION,
S Location: HIGH
COURT OF
HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR,
HARIHAR KARNATAKA
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD
BENCH
DHARWAD-580 011.
... RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
BNSS, (UNDER SECTION 439 OF CR.P.C.), PRAYING TO ENLARGE
THE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL IN C.C.
NO.3802/2025 PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND
JMFC, AT: HUBBALLI ARISING IN VIDYANAGAR POLICE CRIME
NO.11/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
189(2), 191(2), 191(3), 103(1), 61(2), 126(2), 249 R/W 190 OF
BNSS 2023, IN THE INTEREST OF JUSTICE.
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IN CRL.P. NO.103105 OF 2025:
BETWEEN:
1. ABHISHEK S/O VEERESH GODACHI,
AGE. 21 YEARS, OCC. TATA VEKAL,
R/O. ANAND NAGAR, LAST BUS STOP,
OLD HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580 020.
... PETITIONER
(BY SRI. HIRANKUMAR J. PATEL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
VIDYANAGAR POLICE STATION, HUBBALLI,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD-580 011.
... RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
BNSS, (UNDER SECTION 439 OF CR.P.C.), PRAYING TO ENLARGE
THE PETITIONERS/ACCUSED NO.5 AND 7 ON REGULAR BAIL IN
VIDYANAGAR POLICE CRIME NO.11/2025 PENDING ON THE FILE OF I
ADDL. CIVIL JUDGE AND JMFC, AT: HUBBALLI IN C.C. NO.3802/2025
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2),
191(3), 103(1), 61(2), 126(2), 249 R/W 190 OF BNSS 2023, IN THE
INTEREST OF JUSTICE.
THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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CRL.P No. 103102 of 2025
C/W CRL.P No. 103105 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused nos.4, 5 and 7 in Crime No. 11 of 2025
registered by Vidyanagar Police Station, Hubballi-Dharwad
District for offences punishable under Sections 189(2), 191(2),
191(3), 103(1), 61(2), 126(2) 249 and 190 of BNS 2023 are
before this Court in these two petitions filed under Section 439
of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No. 11 of 25 was registered by
Vidyanagar Police Station. Hubballi-Dharwad District, initially
for offences punishable under Section 189(2), 191(2), 193,
103, 162 and 190 of BNS 2023, against Abhishek and others,
based on the first information dated 28.01.2025 received from
Sri Parashuram Valmiki, who is the father of deceased Akash.
During the course of investigation, accused no.4 was arrested
on 30.01.2025, accused no.5 was arrested on 10.02.2025 and
accused no.7 was arrested on 04.02.2025. All the accused were
subsequently remanded to judicial custody. After completing
investigation, charge sheet has been filed against 8 persons
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and petitioners herein are arrayed as accused no. 4, 5 and 7 in
the charge sheet. Their bail application filed before the
jurisdictional Sessions Court was rejected. Therefore, accused
No.4 is before this Court in Crl.P.No.103102/2025 and accused
Nos.5 and 7 are before this Court in Crl.P.No.103105/2025.
4. Perusal of the material on record would go to show
that accused nos.1 to 4 had an ill will against deceased Akash.
Deceased Akash had earlier assaulted accused nos.4 and in
respect of the said incident, criminal case was registered
against the deceased. It is in this background, accused No.4
along with accused Nos.2, 3, 5 and 8 had conspired to commit
the murder of Akash. On 28.01.2025 accused no.4 had
received information that Akash was consuming alcohol in a bar
and restaurant. He allegedly instigated accused nos.1 to 3 to
commit the murder of Akash and thereafter, accused nos.1 to 3
allegedly went near the bar and restaurant, in which, Akash
was consuming alcohol. When Akash came out of the bar and
restaurant, after consuming alcohol along with CW21 and
CW22, accused Nos.1 to 3, who were armed with deadly
weapons, allegedly assaulted Akash with the said weapons and
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committed his murder. Undisputedly,, the other accused
persons named in the charge sheet were not present at the
spot of crime. Allegation against accused no.4 is that he had
conspired with the other accused persons to commit the
murder of Akash and after the murder was committed, he had
arranged for a room in God Gift Lodge at Darwad-Belur
Industrial Area and had harboured accused nos.6 to 8. Accused
nos.6 and 8 have been granted regular bail by the Co-ordinate
Bench of this Court in Criminal Petition No.102314 of 2025,
disposed of on 16.07.2025. Undisputedly, the petitioners herein
do not have any criminal antecedents.
5. Allegation as against accused nos.5 and 7 is similar
to the allegations found in the charge sheet against accused
nos.6 and 8, who have been granted bail. Insofar as accused
no.4 is concerned, the only additional allegation against him is
that he had conspired with the accused nos.1 to 3 to commit
the murder of the deceased. Undisputedly, he was not present
at the spot of crime. Under the circumstances, I am of the
opinion that prayer made by the petitioners for grant of bail
needs to be answered affirmatively.
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6. Accordingly, the following:-
ORDER
Criminal Petitions are allowed.
The petitioners are directed to be enlarged on bail in
Crime No. 11 of 2025 registered by Vidyanagar Police Station,
Hubballi-Dharwad District for offences punishable under
Sections 189(2), 191(2), 191(3), 103(1), 61(2), 126(2) 249
and 190 of BNS 2023, subject to the following conditions:
i. The petitioners shall execute personal
bond for a sum of Rs.1,00,000/- (one lakh
only) each with two sureties for the
likesum to the satisfaction of the
jurisdictional Court;
ii. The petitioners shall appear regularly on
all the dates of hearing before the Trial
Court unless the Trial Court exempts their
appearance for valid reasons;
iii. The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
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iv. The petitioners shall not involve in similar
offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS/CT:BCK
LIST NO.: 1 SL NO.: 35
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