- 1 - NC: 2025:KHC-D:2869 CRL.P No. 100133 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100133 OF 2025 [439(CR.PC)/483(BNSS)] BETWEEN: 1. PARAMANAND @ NANDAPPA S/O. SHANKAR SONANE, AGE: 38 YEARS, OCC. LABOURER. 2. SMT. MAHADEVI W/O. PARAMAND SONANE, AGE: 32 YEARS, OCC. LABOURER. 3. RAVI S/O. BHARAMJI SHINDHE, AGE: 36 YEARS, OCC. LABOURER. 4. PARAMANAND S/O. BHAROMAJI SHINDHE, AGE: 28 YEARS, OCC. LABOURER. 5. SMT. CHANDRAVVA W/O. BHARAMJI SHINDHE, AGE: 55 YEARS, OCC. LABOURER. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.14 16:46:22 +0530 - 2 - NC: 2025:KHC-D:2869 CRL.P No. 100133 of 2025 ALL ARE R/O. BASAVESHWAR PLOT, KULALI VILLAGE, MUDHOL TQ., BAGALKOTE DIST.-587113. … PETITIONERS (BY SRI J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH MUDHOL P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 SEEKING TO ALLOW THIS PETITION, GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH CR.NO.305/2024 OF MUDHOL P.S., FOR THE OFFENCES UNDER SECTIONS 189(2), 191(2), 191(3), 103, 352, 351(3) READ WITH SECTION 190 OF BNS 2023 PENDING ON THE FILE OF ADDITINAL CIVIL JUDGE AND J.M.F.C. COURT, MUDHOL, BAGALKOTE DISTRICT PENDING INVESTIGATION AND TRIAL OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2869 CRL.P No. 100133 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.305/2024 by Mudhol Police Station, Bagalakote district for offences punishable under Sections 103, 189 (2), 190, 191 (2), 191 (3), 351 (3) and 352 read with section 190 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) by accused no.1 to 5 (petitioners). 2. As per prosecution case on 15.11.2024 at about 2:00 a.m. when complainant’s son Sunil went to attend nature call, accused no.1 and 2 his neighbours picked up quarrel alleging that he was peeping into their house. Other accused also joined and assaulted victim. When victim was being taken to some other place, accused no.6 – Anil who was brother of victim, came out of house with knife and stabbed victim on his chest. Victim fell down and died. Based on complaint by victim’s mother, petitioners were arrested on 15.11.2024 in Crime no.305/2024 (supra) for offences as mentioned above. - 4 - NC: 2025:KHC-D:2869 CRL.P No. 100133 of 2025 3. It was submitted since death was apparently as a result of stab injuries sustained by victim due to assault with knife by accused no.6, petitioners could not be alleged to have committed offence of murder and other offences were not punishable either with death or imprisonment for life. It was submitted petitioners were law abiding citizens, without any criminal antecedents and permanent residents of Kulali village of Mudhol taluk. Since charge sheet was already filed, they would not be required for custodial interrogation. On above ground sought for grant of bail. 4. Sri Jairam Siddi, learned High Court Government Pleader on other hand referring to statement of objections filed, opposed petition. It was submitted offences alleged against accused were forming unlawful assembly and rioting apart from murder, which were heinous in nature. It was submitted investigation was completed and prosecution after recording statements of 32 witnesses had filed charge sheet on 18.01.2025, wherein CWs.6 to 12 were cited as eyewitnesses. Therefore material collected during investigation was sufficient to establish offences. It was submitted, postmortem report would indicate 33 external injuries and Doctor who conducted - 5 - NC: 2025:KHC-D:2869 CRL.P No. 100133 of 2025 postmortem examination had opined that death was due to shock as a result of hemorrhage and peritonitis consequent to wounds sustained. On above ground sought for dismissal. 5. Heard learned counsel. 6. From above, point that would arise for consideration is: “Whether petitioners are entitled for grant of regular bail on conditions? 7. This petition is for regular bail by accused no.1 to 5 in Crime no.305/2024 (supra) for offences punishable under Sections 103, 189 (2), 190, 191 (2), 191 (3), 351 (3) and 352 read with section 190 of BNS, which would be heinous in nature. 8. Prosecution case is that accused assaulted victim resulting in his death and that CWs.6 to 12 were eyewitnesses, opinion as to cause of death in postmortem report namely ‘death was due to shock as a result of hemorrhage and peritonitis consequent to wounds sustained’, when considered in light of fact that accused no.6 had stabbed victim with knife on his chest would raise question whether death of victim was - 6 - NC: 2025:KHC-D:2869 CRL.P No. 100133 of 2025 as a direct result of injuries sustained. Normally it is for prosecution to establish offences during trial forming any opinion or definite conclusion about cause of death, at stage of consideration of bail petition would not be appropriate. 9. Since accused were arrested and were in custody, while investigation is completed and charge sheet is filed, presence of petitioners for custodial interrogation would not be necessary. Prosecution concerns about accused being neighbours of complainant and possibility of they intimidating complainant and prosecution witnesses would appear to carry substance, same could be addressed by imposition of appropriate conditions. Under above circumstances, point for consideration is answered in affirmative. Consequently following: ORDER Petition is allowed. Petitioners - accused no.1 to 5 are ordered to be enlarged on bail in Crime no.305/2024 of Mudhol Police Station for offences punishable under Sections 103, 189 (2), 190, 191 (2), 191 (3), 351 (3) and 352 read with section 190, subject to following conditions: - 7 - NC: 2025:KHC-D:2869 CRL.P No. 100133 of 2025 a) Petitioners – accused no.1 to 5 shall execute a personal bond in a sum of Rs.1,00,000/- each with one sureties for likesum to satisfaction of trial Court. b) They shall not attempt to contact, threaten or induce complainant or any other prosecution witnesses either directly or indirectly. c) They shall be regular in attending Court proceedings. d) They shall not involve or commit in any other criminal activities. e) They shall forthwith inform any change of residence to Investigating Officer. f) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 10