Karnataka High Court
Shri Rohit Prashant Pathade vs State Of Karnataka on 16 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4086
CRL.P No. 103591 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO. 103591 OF 2025
(439 OF CR.PC/483 OF BNSS)
BETWEEN:
SHRI ROHIT PRASHANT PATHADE,
S/O. LATE PRASHANT PATAHDE,
AGED ABOUT 24 YEARS,
RESIDING AT: HOUSABAI SAWANT COLONY,
SAKHARWADI, NIPANI-591237.
...PETITIONER
(BY SRI GANESH GONDHALI, ADVOCATE.)
AND:
STATE OF KARNATAKA,
BY NIPANI TOWN P.S.,
Digitally signed by
MALLIKARJUN REPRESENTED BY THE
RUDRAYYA
KALMATH STATE PUBLIC PROSECUTOR,
Location: High
Court of Karnataka,
Dharwad Bench
HIGH COURT BUILDING, DHARWAD-580001.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (SECTION
439 OF THE CODE OF CRIMINAL PROCEDURE, 1973), PRAYING
TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON REGULAR
BAIL IN NIPANI TOWN POLICE STATION CRIME NO.61/2024,
PENDING ON FILE OF VII ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BELAGAVI, SITTING AT CHIKODI, IN S.C.NO.5002/2025
REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
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NC: 2026:KHC-D:4086
CRL.P No. 103591 of 2025
HC-KAR
189(2), 191(2), 191(3), 61(2)(A) READ WITH SECTION 103, 190
OF BHARATIYA NYAYA SANHITA, 2023 AND ETC.,.
THIS PETITION COMING ON FOR ORDER THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri Ganesh Gondhali, learned counsel for petitioner and Sri Abhishek Malipatil, learned High Court Government Pleader for the respondent State.
2. This petition is filed by the petitioner/accused No.4 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of the Criminal Procedure Code, 1973), praying to enlarge the petitioner/accused No.4 on regular bail in Nipani Town Police Station Crime No.61/2024, pending on file of VII Additional District and Sessions Judge, Belagavi, Sitting at Chikodi, in S.C.No.5002/2025 registered for the offence punishable under sections 189(2), 191(2), 191(3), 61(2)(a) read with section 103, 190 of Bharatiya Nyaya Sanhita, 2023. -3-
NC: 2026:KHC-D:4086 CRL.P No. 103591 of 2025 HC-KAR
3. It is the brief case of prosecution that on 04.04.2022 one Abhishek Dattawade was murdered by the deceased in the present case and by others. To retaliate, the accused persons with a common intention to eliminate the deceased, on 02.10.2024 have murdered the deceased by using the weapons like talwar, etc.,. Therefore, crime is registered against the accused persons in this case. Therefore, accused is foisted for the aforesaid offence as in detail stated in the charge sheet.
4. Learned counsel for petitioner/accused No.4 in the charge sheet submitted that the accused is in custody since 03.10.2024 and for more than 1½ years he is in custody. It is further submitted that the petitioner is not named in the complaint and is not made as accused in the FIR. Subsequently the petitioner was made as accused No.4 in the charge sheet. Further submitted that there is no overt-act against the petitioner and the only allegation in the charge sheet that the petitioner was holding talwar and except this there is no overt-act or accusation against the -4- NC: 2026:KHC-D:4086 CRL.P No. 103591 of 2025 HC-KAR petitioner that he has committed any offence. Therefore, prays to enlarge the petitioner on bail.
5. The learned HCGP has vehemently objected for grant of bail to the petitioner and prays to reject the bail petition.
6. The petitioner/accused No.4 is in custody since 03.10.2024. It is submitted that the petitioner was present before the police station at Nippani, but the police have wrongly shown that the petitioner was absconded at Maharashtra. Therefore, in this regard just to foist the appellant/accused No.4, he has been falsely charge sheeted. Upon considering the FIR and complaint, there is no serious overt-act of accusation against the appellant/accused No.4 in the complaint and also he is not named in the FIR. As per the prosecution, during the course of investigation upon the confession by co-accused persons, this petitioner's name has appeared in the charge sheet. -5-
NC: 2026:KHC-D:4086 CRL.P No. 103591 of 2025 HC-KAR
7. Upon considering the gist in the charge sheet, the only overt-act alleged against the petitioner is that he was holding talwar MO-13. Except this, nothing is adduced the overt-act of the petitioner that he has used talwar to commit murder of the deceased. Therefore, considering the gravity of the offence alleged against the petitioner and also considering the fact that the petitioner is in custody since 03.10.2024, the petitioner is required to be enlarged on bail. Therefore, without expressing any opinion on merits involved in the case, the petitioner is enlarged on bail. The investigation is completed and charge sheet is filed. Therefore, upon imposing conditions, the petitioner may be released on bail. Hence, I proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioner/accused No.4 is ordered to be enlarged on bail in Nippani Town Police Station Crime No.61/2024, pending on file of VII Additional District and -6- NC: 2026:KHC-D:4086 CRL.P No. 103591 of 2025 HC-KAR Sessions Judge, Belagavi, Sitting at Chikodi, in S.C.No.5002/2025 registered for the offence punishable under sections 189(2), 191(2), 191(3), 61(2)(a) read with section 103, 190 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions.
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- along with one surety for the like sum to the satisfaction of the trial Court.
b) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court.
c) The petitioner shall not tamper and threaten the prosecution witnesses in any manner.
d) The petitioner shall mark his attendance before the concerned police station -7- NC: 2026:KHC-D:4086 CRL.P No. 103591 of 2025 HC-KAR on every Saturday between 11.00 a.m. to 02.00 p.m.
e) The petitioner shall attend the Court regularly during the trial without fail. If not attend for consecutive two times it entails cancellation of bail.
iii) Violation of any of the conditions imposed would entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE MRK CT-AN List No.: 1 Sl No.: 10