Shri. Basappa Shivanappa Pavadi Vs the State… — Murder and Culpable Homicide | Karnataka HC (2025)

Shri. Basappa Shivanappa Pavadi Vs the State… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner ordered to be enlarged on regular bail in Crime No.93/2025 of Bailhongal Police Station on executing a personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court, subject to conditions (no threatening/tampering with witnesses or hampering of proceedings; no leaving the Court's jurisdiction till disposal; appearance before the Trial Court on all hearing dates), with liberty reserved to the prosecution to seek cancellation of bail on violation.

Issue for consideration

Whether the petitioner/accused (Basappa Shivannappa Pavadi), facing trial for an offence punishable under S.103(1) BNS in Crime No.93/2025 of Bailhongal Police Station, pending in SC No.130/2025 before the VI Additional District and Sessions Judge, Belagavi, is entitled to be released on regular bail.

Court's answer

Having heard the parties and considered the facts and circumstances of the case, the Court held it appropriate to grant the petitioner bail by imposing suitable conditions.

Ratio / Principle

Bail granted subject to conditions: the petitioner shall not threaten or tamper with prosecution witnesses nor hamper Court proceedings; shall not leave the jurisdiction of the Court till disposal of the case; and shall appear before the Trial Court on all hearing dates without fail. On violation of any condition, liberty is reserved to the prosecution to apply for cancellation of bail.

Detailed headnote1 paragraphs

ALLOWED — REGULAR BAIL GRANTED. High Court of Karnataka (Dharwad Bench), S. Rachaiyah J., CRL.P No. 104297 of 2025, decided 07.11.2025 (NC: 2025:KHC-D:15278). Petition under S.439 Cr.P.C. (S.483 BNSS) by Basappa Shivannappa Pavadi, a driver aged 34 years and stated to be the cousin brother of the deceased, for regular bail in Crime No.93/2025 of Bailhongal Police Station — offence punishable u/s 103(1) BNS — pending as SC No.130/2025 before the VI Additional District and Sessions Judge, Belagavi. Prosecution case: the deceased had illicit relationship with the petitioner's wife; on learning of it the petitioner bore ill-will and threatened to eliminate the deceased; CW7, working at the Shivshakthi Stone Crusher unit, is alleged to have witnessed the murder; the complainant (brother of the deceased) identified the petitioner through a photograph shown before lodging the complaint, and an identification parade was thereafter conducted before the Taluka Executive Magistrate in which CW7 identified the accused; the State relied on recovery at the petitioner's instance of weapons containing blood stain and on motive proved through the complainant's statement, contending the offence was heinous. The petitioner's counsel urged that the eyewitness did not immediately inform the police or the crusher owner, casting doubt on his presence, and that the petitioner was the sole earning member with fixed abode at Hanabaratti. Considering the facts and circumstances, the Court held it appropriate to grant bail with suitable conditions: enlargement on a personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court; no threatening or tampering with prosecution witnesses nor hampering of Court proceedings; no leaving the Court's jurisdiction till disposal; appearance before the Trial Court on all hearing dates; liberty reserved to the prosecution to seek cancellation of bail on violation of any condition.