[Cites 6, Cited by 0]
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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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.
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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
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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.
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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
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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
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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
