- 1 - NC: 2025:KHC-D:1819 CRL.P No. 100217 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100217 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. PRAKASH S/O. BHIMAPPA MADAR AGE. 37 YEARS, OCC. AGRICULTURE, R/O. NINGAPUR, TQ. MUDHOL, DIST. BAGALKOTE-587313. 2. YAMANAPPA S/O. BHIMAPPA MADAR AGE. 31 YEARS, OCC. AGRICULTURE, PRESENT ADDRESS: R/O. LAKAMAPUR, TQ. NARGUND, DIST. BAGALKOTE-587313. …PETITIONERS (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADVOCATES) AND: THE STATE OF KARNATAKA THROUGH LOKAPUR P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO GRANT REGULAR BAIL TO THE PETITIONERS/ACCUSED NO.1 TO 2 IN LOKAPUR P.S. CRIME NO. 44/2024 REGISTERED FOR THE OFFENCE P/U/SEC. 448, 323, 304, 504, 506 R/W SEC. 34 OF IPC, PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS COURT, BAGALKOTE, SITTING AT JAMAKHANDI IN S.C.NO. 5047/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 14:20:33 +0530 - 2 - NC: 2025:KHC-D:1819 CRL.P No. 100217 of 2025 ORAL ORDER Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent – State. 2. The case of the prosecution is that there was a dispute between the injured – Vittal Salamantapi and accused No.1 in relation to selling of liquor in Ningapur village. In this background, on 1.4.2024 at 11.45 p.m., when the injured – Vittal Salamantapi was in his house at Ningapur village, accused No.1 trespassed into the house and dragged the injured out of the house abusing him in filthy language, and accused No.2 also abused the injured in filthy language, and both the accused persons assaulted the injured causing injuries on his head. When the deceased, Tayavva came to pacify the quarrel, accused No.1 pulled Tayavva on the ground, and abused in filthy language, and also assaulted Tayavva on the chest and body, as a result of which, Tayavva died. 3. Accused Nos.1 and 2 assaulted Tayavva when she was came to pacify the quarrel. 4. Section 304 of IPC deals with punishment for culpable homicide not amounting to murder and states that whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years. Whether the assault made on Tayavva was premeditated is not, which matter requires to be considered only at the time of trial. - 3 - NC: 2025:KHC-D:1819 CRL.P No. 100217 of 2025 5. The petitioners are in custody since 7.4.2024, and the investigation having been completed, they are not required for further interrogation, and prolong pre-trial detention is anathema to the concept of liberty as envisaged under Article 21 of the Constitution of India. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) Petitioners-accused Nos.1 and 2 are enlarged on bail in Crime No.44/2024 registered by the Lokapur Police Station, Bagalkot, for the offences under Sections 448, 323, 304, 504, 506 read with Section 34 of IPC, which is now registered as CC No.565/2024 pending on the file of the learned I Additional District and Sessions Court and Bagalkote, subject to the following conditions: (a) Petitioners/accused Nos.1 and 2 shall furnish a personal bond each for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) They shall appear before the Court as and when required. (c) They shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) They shall not get involved in similar offences. (e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 9