- 1 - NC: 2025:KHC-K:2300 CRL.P No. 200469 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200469 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: DHARAMARAJ S/O YANKAPPA RATHOD, AGE:25 YEARS, OCC: ENGINEERING STUDENT, R/O. GONAWATLA TANDA, TQ. LINGASUGUR, DIST. RAICHUR-584122. …PETITIONER (BY SRI GANESH NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, LINGASUGUR, POLICE STATION, REPRESENTING BY LEARNED ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF BNSS PRAYING TO ALLOW THE PETITION AND RELEASE THE ACCUSED/ PETITIONER ON BAIL IN S.C.NO.44/2021 ON FILE PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS JUDGE, AT RAICHUR SITTING AT SINDHANUR (CRIME NO. 211/2020 OF LINGASUGUR POLICE STATION DIST. RAICHUR) OFFENCES P/U/SEC. 353, 324, 307, 504, R/W 34 OF IPC. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2300 CRL.P No. 200469 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the petitioner/accused No.2 seeking for regular bail in S.C.No.44/2021, arising out of Crime No.211/2020, registered by the Lingasugur Police Station, Raichur, for the offences punishable under Sections 353, 324, 307, 504 read with Section 34 of IPC. Brief facts of the case: 2. The averments of the complaint would indicate that accused Nos.1 and 2 are the real brothers and they are resident of Gonawatla Tanda, Lingasugur taluka. The complainant being the Panchayat Development Officer (PDO) was discharging his official duty. He is stated to have been threatened by the accused persons for the reason that he has not allowed the petitioners to give false - 3 - NC: 2025:KHC-K:2300 CRL.P No. 200469 of 2025 information about the labours in respect of the work carried under the MGNREGA scheme. On 04.09.2023, the complainant along with his staff went to the spot where the work being carried out under the scheme for the purpose of conducting inspection about the workers who stated to be worked under the scheme. At that time, the accused persons came to the spot by holding clubs and assaulted the complainant with a rod. Accused No.2 assaulted him with club and caused injuries. Therefore, a complaint came to be lodged by the complainant before the respondent – police. The respondent – police after registering the case, conducted investigation and submitted the charge sheet against the accused for the offences stated supra. 3. Heard Sri Ganesh Naik, learned counsel for the petitioner and Sri Gopal Krishna B. Yadav, learned High Court Government Pleader for the respondent - State. 4. It is the submission of the learned counsel for the petitioner that the petitioner is an engineering student - 4 - NC: 2025:KHC-K:2300 CRL.P No. 200469 of 2025 and he had no criminal antecedents. He has been falsely implicated in this case in order to give him trouble. 5. It is further submitted that even assuming that the incident had taken place, the fact remains that, the nature of assault alleged to have caused would not attract the ingredients of Section 307 of IPC. Moreover, it is stated in the compliant that the petitioner had assaulted the complainant with wooden club. When the intention to commit murder is not established, the ingredients of Section 307 of IPC cannot be sustained. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that the complainant being a PDO, he was harassed by the petitioner and his brother consistently. The complainant was obstructed in discharging his official duties peacefully in his jurisdiction. 7. It is further submitted that since the petitioner has assaulted the official and also caused injuries to him, it - 5 - NC: 2025:KHC-K:2300 CRL.P No. 200469 of 2025 is not appropriate to grant him bail and he cannot take shelter as a engineering student in order to screen his offence. Making such submissions, he prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the records that the petitioner and his brother stated to have threatened the complainant and used to obstruct him from discharging his official duties. 9. The petitioner and his brother were trying to give false information about the workers who actually worked under the MGNREGA scheme. After having considered that, the petitioner and his brother had given false information about the work and workers, the complainant being a PDO had been to the place to conduct inspection about the work and also actual workers worked in the area. The petitioner and his brother having learnt that PDO had been to the spot to conduct inspection, they went to the place and - 6 - NC: 2025:KHC-K:2300 CRL.P No. 200469 of 2025 assaulted the complainant, in order to deter him from discharging his official duties and also caused injuries. 10. Be that as it may, the nature of overt-act attributed against the petitioner would indicate that he is stated to have assaulted the complainant with a club not on vital part of the body. Therefore, it is appropriate to grant him bail by imposing suitable conditions. 11. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is enlarged on bail in S.C.No.44/2021 arising out of Crime No.211/2020, registered by the Lingasugur Police Station, Raichur, for the offences punishable under Sections 353, 324, 307, 504 read with Section 34 of IPC, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court, on the following conditions: - 7 - NC: 2025:KHC-K:2300 CRL.P No. 200469 of 2025 a) The petitioner shall not threaten or hamper the proceedings of the Court. b) The petitioner shall appear before the Trial Court on all hearing dates without fail. c) The petitioner shall not involve in any other criminal cases or such similar cases in future till disposal of the present case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 17 CT:PK