- 1 - NC: 2025:KHC:16913 CRL.P No. 5370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5370 OF 2025 BETWEEN: MR. DHANANJAYA S/O. YALLAPPA AGED ABOUT 53 YEARS R/O. KADIVANAKATTE VILLAGE HOSADURGA TALUK CHITRADURGA - 577 527. …PETITIONER (BY SRI K.V. SATEESHCHANDRA, ADV.) AND: STATE BY HOSADURGA POLICE STATION HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 52, REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C NO.135/2024 (CR.NO.72/2024) OF HOSADURGA POLICE STATION, FOR THE ALLEGED O/P/U/S 143, 147, 148, 323, 324, 114, 302, 504 R/W SECTION 149 OF IPC, ON THE FILE OF COURT OF SPECIAL 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND DIRECT THE PETITIONER BE RELEASED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16913 CRL.P No. 5370 of 2025 ORAL ORDER 1. Accused No.1 in SC No.135/2024 pending before the Court of Special, II Addl. District and Sessions Judge, Chitradurga, arising out of Crime No.72/2024 registered by Hosadurga Police Station, Chitradurga, for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 302, 114 and 149 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.72/2024 was registered by Hosadurga Police Station, Chitradurga, initially for the offences punishable under Sections 504, 143, 147, 148, 149, 307, 323 and 324 of IPC, against petitioner and others based on the first information dated 26.02.2024 received from Prabhakar, brother of deceased Keshavappa. During the course of investigation, petitioner herein was arrested on 27.02.2024 and subsequently, remanded to judicial custody. Injured Keshavappa subsequently died on 27.02.2024. Thereafter, Section 302 of IPC was invoked and after completing investigation, charge sheet has been filed against 12 persons. - 3 - NC: 2025:KHC:16913 CRL.P No. 5370 of 2025 Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in SC No.135/2024 was rejected on 27.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that all other accused except the petitioner herein have been enlarged on bail. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition and submits that allegation of assaulting the deceased with a machete is as against the petitioner. He accordingly, prays to dismiss the petition. 6. The material on record would go to show that there was a civil dispute between the parties and the incident in question took place on 26.02.2024 after the disputed gomal land was surveyed. In respect of the alleged incident that had taken place on 26.02.2024, there is a case and counter case registered in Crime No.74/2024 and Crime No.72/2024 by the very same police station and it appears that as against - 4 - NC: 2025:KHC:16913 CRL.P No. 5370 of 2025 deceased Keshavappa, abated charge sheet has been filed in Crime No.74/2024. In the charge sheet, which is filed in Crime No.74/2024, it is alleged that deceased Keshavappa and other accused had gone near the house of Smt. Rajeshwari on 26.02.2024 and they fought with her family members and in the said incident, some of the accused in Crime No.72/2024 were injured. The allegation of assaulting deceased Keshavappa is found in the charge sheet against accused Nos.1 and 3. Accused No.3 has been granted regular bail by this Court in Crl.P.No.12070/2024 disposed of on 14.02.2025. It is not in dispute that other accused persons are all granted regular bail in the present case. Petitioner who has no other criminal antecedents is in custody from 27.02.2024. The trial in the case is yet to commence. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.135/2024 pending before the Court of Special, II Addl. District and Sessions Judge, Chitradurga, arising out of Crime No.72/2024 registered by Hosadurga Police - 5 - NC: 2025:KHC:16913 CRL.P No. 5370 of 2025 Station, Chitradurga, for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 302, 114 and 149 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN