- 1 - NC: 2025:KHC-K:2420 CRL.P No. 200619 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200619 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALAPPA S/O SHIVARAYA KANTIKAR, AGE:19 YEARS, OCC: AGRICULTURE, R/O. PATTAN VILLAGE, TQ. AND DIST. KALABURAGI-585105. …PETITIONER (BY SRI RAJESH DODDAMANI, ADVOCATE) AND: THE STATE OF KARNATAKA, SUB URBAN POLICE STATION, KALABURAGI, NOW REPRESENTED BY THE ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH – 585105. …RESPONDENT (BY SRI G.B. YADAV, HCGP) THIS CRL.P. IS FILED U/SEC 483 OF BNSS,2023 PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ A-3 (AS PER CHARGE SHEET) ON BAIL IN CONNECTION WITH CRIME NO.240/2024 OF SUB URBAN POLICE STATION FOR THE OFFENCE PUNISHABLE U/SEC 189(2), 191(2), 191(3), 126(2), 61, 140(1), 49, 103(1), 238, 352, 351(2) R/W 190 OF BNS 2023 AND THE SAME IS NOW PENDING ON THE FILE OF THE HON'BLE VTH ADDITIONAL CJ (JD) AND JMFC, KALABURAGI IN .C.C NO. 424/2025. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2420 CRL.P No. 200619 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) The petitioner who is accused No.3 has approached this Court seeking regular bail in C.C.No.424/2025 (arising out of Crime No.240/2024) registered by Sub Urban Police Station, Kalaburagi, for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 61, 140(1), 49, 103(1), 238, 352, 351(2) r/w 190 of BNS, 2023. 2. Factual matrix of the case are that, The complainant who is the wife of the deceased- Somanatha, lodged a complaint stating that she is the resident of Kalaburagi and she was staying along with her husband and children and she is running grocery store for her livelihood. Prior to five to six months to lodge a complaint, Siddu S/o Sharanappa Tugadi who is accused No.4 (as per charge sheet) had quarreled with her husband. In that connection, her husband was arrested and he was - 3 - NC: 2025:KHC-K:2420 CRL.P No. 200619 of 2025 sent to judicial custody. After releasing on bail, he had come to house. On 12.11.2024 at about 3.00 a.m., she received an information from Rachanna S/o Basavaraj Malipatil that her husband was assaulted by the accused persons. On hearing the said news, she went to the spot and found that her husband who is the deceased in this case died at the spot due to injuries. Therefore, she lodged complaint on 12.11.2024 at about 10.30 a.m. Based on the said complaint, the respondent-Police registered the case, conducted investigation and submitted the charge sheet. 3. Heard Sri Rajesh Doddamani, learned counsel for the petitioner and Sri Gopalkrishna B. Yadav, learned High Court Government Pleader for the respondent/State. 4. It is the submission of the learned counsel for the petitioner that though the petitioner is arraigned as accused No.3 in the charge sheet, initially, his name was not there in the FIR or in the complaint. The overt-act attributed against the petitioner would indicate that he assaulted the deceased, - 4 - NC: 2025:KHC-K:2420 CRL.P No. 200619 of 2025 not on the vital parts of the body. The post mortem report would indicate that the death was due to head injury. Considering the overt-act of the petitioner, he may be enlarged on bail by imposing suitable conditions. 5. It is further submitted that the petitioner is aged about 19 years and he is an agriculturist and the resident of Pattan village. He will abide the conditions that may be imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that even though the overt-act would indicate that he assaulted the deceased not on the vital parts of the body, the fact remains that, he was also one of the associates or syndicate who conspired to eliminate the deceased. Therefore, the respondent/police have invoked Section 149 of IPC. Hence, at this stage, the petitioner is not entitled for any relief as prayed for. - 5 - NC: 2025:KHC-K:2420 CRL.P No. 200619 of 2025 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears that the name of the petitioner was not mentioned either in the complaint or in the FIR. During the investigation, his name finds a place in the charge sheet. As per the averments of the charge sheet, the petitioner, being accused No.3 assaulted with wooden stick on hands, legs and also back of the deceased. The post mortem report would indicate that the death is due to head injury. 8. Having considered the nature and gravity of the offences and also the overt-act of the petitioner, I am of the considered opinion that the petitioner has made out a case to grant him bail. It is needless to say that at the time of granting bail, it is not appropriate to mention the reasons for granting bail or appreciate the case on merits. 9. Hence, I proceed to pass the following: ORDER The Criminal Petition is allowed. - 6 - NC: 2025:KHC-K:2420 CRL.P No. 200619 of 2025 The petitioner is ordered to be enlarged on bail in Crime No.240/2024 of Sub-Urban Police Station for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 61, 140(1), 49, 103(1), 238, 352, 351(2) read with Section 190 of BNS, 2023, pending on the file of the V Additional CJ (JD) and JMFC, Kalaburagi, in C.C.No.424/2025, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: i. The petitioner shall not threaten or tamper the prosecution witnesses. ii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. Sd/- (S RACHAIAH) JUDGE NB/RSP List No.: 1 Sl No.: 16/ CT:PK