- 1 - NC: 2025:KHC-K:2725 CRL.P No. 200801 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200801 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SRI SRINIVAS S/O SANNA ANJINEYYA, AGE: 24 YEARS, OCC: AGRICULTURE, 2. SRI ANJINAYYA @ SANNA ANJINEYYA S/O SANNA RAMAYYA, AGE: 62 YEARS, OCC: AGRICULTURE, BOTH ARE R/O LINGANAKHANDODDI VILLAGE, TQ. & DIST. RAICHUR-584 110. …PETITIONERS (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE SHO, IDAPANUR POLICE STATION, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 102. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2725 CRL.P No. 200801 of 2025 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO ALLOW THIS BAIL PETITION AND THEREBY RELEASE THE PETITIONERS ON BAIL IN SC NO.36/2025 (ARISING OUT OF CRIME NO. 95/2024) PENDING ON THE FILE OF II ADDL. DIST. AND SESSIONS JUDGE RAICHUR, FOR THE COMMISSION OF ALLEGED OFFENCES PUNISHABLE U/SEC. 103(1), 115(2), 118(1), 352, 351(3) R/W 3(5) OF BNS, 2023, REGISTERED BY THE RESPONDENT/IDAPANUR POLICE STATION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) 1. This petition is filed by the accused/petitioners under Section 483 of BNSS, 2023, praying to grant regular bail in Crime No.95/2024 dated 15.12.2024 registered against them by the Idapanur Police Station, Raichur District, for the offences punishable under Sections 103(1), 115(2), 118(1), 118(2), 352, 351(3), 3(5) of BNS-2023. 2. The factual matrix of the case is that, on 14.12.2024 at about 9.00 p.m., when the complainant was in his house, he heard quarrel sound in front of his house, - 3 - NC: 2025:KHC-K:2725 CRL.P No. 200801 of 2025 hence, he rushed to the spot and saw that the accused persons were abusing his brother-in-law Ramesh with regard to construction of bathroom adjacent to the house of Ramesh and as it was opposed by Ramesh, the deceased in this case. As such, all of a sudden petitioner No.1/accused No.1 picked up a wooden club and assaulted on the head of the deceased, due to the same, he suffered bleeding injuries. Petitioner No.2/Accused No.2 said to have assaulted by hand on the deceased. Later the injured was shifted to RIMS hospital, Raichur. However, after three days the injured succumbed to the injuries. Though initially FIR was registered for the offences punishable under Section 307 of IPC, subsequently after the death of the deceased Section 302 was invoked in the case. The petitioners were arrested on 16.12.2024 and ever since then they are in judicial custody. Hence, they preferred a bail petition before the II Additional District and Sessions Judge at Raichur in Crl.Misc. No.200/2025, but the same was rejected vide order dated 15.04.2025. Hence, the present petition. - 4 - NC: 2025:KHC-K:2725 CRL.P No. 200801 of 2025 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State. 4. The primary contention of the learned counsel for the petitioners is that due to dispute in respect of construction of bathroom in the land adjacent to the house of the deceased, a quarrel has been taken place. The prosecution has failed to specifiy, who was aggressor and the manner in which the incident was taken place. Further, the investigation is completed and charge-sheet has been filed, in such circumstances, he prays to enlarge to the petitioners on bail. 5. Per contra, learned counsel High Court Government Pleader for the respondent-State opposed the bail petition relying on the statement of the complainant who is an eyewitness to the incident. 6. I have carefully perused the entire material on record. The post mortem report issued by the Doctor and the subsequent FSL report state that the death is due to - 5 - NC: 2025:KHC-K:2725 CRL.P No. 200801 of 2025 intracranial hemorrhage as a result of head injury, that is after four days from the date of incident. 7. As rightly contended by the learned counsel for the petitioners the incident was caused due to a sudden fight. In such circumstances, without expressing any opinion on the merits of the case, it is suffice to hold that the petitioners to be enlarged on bail by imposing certain conditions since the further incarceration of the petitioners does not call for. Accordingly, the petition deserves to be allowed. Hence, the following: ORDER The petition filed under Section 483 of BNSS-2023 is allowed. Consequently, the petitioners/accused Nos.1 and 2 shall be released on bail in connection with Crime No.95/2024 pending on the file of the Court of the II Additional District and Sessions Judge, Raichur, for the offences punishable under Sections 103(1), 115(2), 118(1), 118(2), 352, 351(3), 3(5) of BNS-2023 on the following conditions: - 6 - NC: 2025:KHC-K:2725 CRL.P No. 200801 of 2025 i) The petitioners shall execute their personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioners shall mark their attendance once in a week on every Sunday between 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. iii) The petitioners shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. iv) The petitioners shall attend the jurisdiction Court regularly on all dates of hearing and shall cooperate with the Investigation Authority. - 7 - NC: 2025:KHC-K:2725 CRL.P No. 200801 of 2025 v) The petitioners shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE SBS List No.: 1 Sl No.: 13 CT: AK