- 1 - NC: 2025:KHC-D:5054 CRL.P No. 100891 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100891 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MADAN Y. BHAJANTRI S/O. YALAPPA BHAJANTRI, AGE: 23 YEARS, OCC. DAILY WAGES (LABOUR), RESIDENT OF VEERAPUR ONI, NEAR KARIYAMMA TEMPLE, TQ. HUBBALLI, DIST. DHARWAD-580029. …PETITIONER (BY SRI AVINASH M. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH GHANTIKERI POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS, 2023 (U/SEC. 439 OF CR.P.C.) SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN SC NO. 5061/2024 ARISING OUT OF CRIME NO. 0012/2024 PENDING ON THE FILE OF V ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, SITTING AT HUBBALLI FOR THE OFFENCES P/U/SECTIONS 302, 341, 323, 504, 506 R/W. 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.20 10:37:10 +0530 - 2 - NC: 2025:KHC-D:5054 CRL.P No. 100891 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Avinash M. Angadi, learned counsel for the petitioner and Smt.Girija Hiremath, learned High Court Government Pleader for the State/respondent. 2. Present petition is filed by accused No.2 under Section 439 of Cr.P.c. with the following prayer: “WEHREFORE, the petitioner/accused No.2 humbly prays that this Hon’ble Court be pleased to allow this petition and enlarge the petitioner/accused No.2 on regular bail in SC No.5061/2024 arising out of Crime No.0012/2024 pending on the file of V Addl. District and Sessions Judge, Dharwad, sitting at Hubballi for the offences punishable 302, 341, 323, 504, 506 read with Section 34 of IPC in the interest of justice.” 3. Facts in brief which are utmost necessary for disposal of the petition are as under: 3.1. Based on the complaint lodged by Smt.Chandbi Hosamani, Ghantikeri Police registered a case in Crime No.12/2024 on 07.04.2024 for the offences punishable under Section 341, 323, 504, 506 read with Section 34 of IPC at the first instance. Later on, since the injured - 3 - NC: 2025:KHC-D:5054 CRL.P No. 100891 of 2025 succumbed to injury in KIMS Hospital, offence under Section 302 of IPC is invoked by the investigation agency. 3.2. Complaint averments would reveal that on 04.04.2024 at about 10:30 p.m. near Sindagi Complex Parking Lot, at Hubballi, deceased being a watchman, was discharging his work. After finishing the dinner, complainant proceeded towards the parking lot and noted that one Ashif and three unknown persons had picked up the quarrel with her husband. Among them, one person assaulted the husband of the complainant near the left ear and because of a said blow, husband of the complainant fell down. Immediately, all of them abused the complainant and her husband and they left the place. Complainant with great difficulty, took her husband to the house and they slept at night. 3.3. On 05.04.2024, husband of the complainant was taken to the KIMS Hospital and admitted there for treatment. Despite best treatment, husband of the complainant died after 15 days of the incident. - 4 - NC: 2025:KHC-D:5054 CRL.P No. 100891 of 2025 4. Police after investigation, filed the charge sheet against the petitioner and another accused namely Shankara Madival inter alia arrested the present petitioner on 22.04.2024. 5. Case is now committed to V Additional District Judge, Hubballi and matter is now pending at the stage of framing of charges. 6. Request made by the petitioner seeking grant of bail is turned down by the learned Trial Judge. 7. Thereafter, petitioner is before this Court seeking grant of bail. 8. Having heard the arguments of both the sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, it is crystal clear that the present petitioner did not assault but he has been proceeded by the prosecuting agency with the aid of Section 34 of IPC. Allegations are against accused - 5 - NC: 2025:KHC-D:5054 CRL.P No. 100891 of 2025 No.1 who assaulted the deceased near the left ear resulting in deceased falling down on the spot. 10. Taking note of the fact that the incident has occurred at the spur of the moment, gravity of the offence is also reduced to a considerable extent so as to exercise the special power vested in this Court under Section 439 of Cr.P.C. 11. It is settled principles of law and no requires no emphasis that Courts at the time of considering the bail request; need not hold a mini trial as the same may prejudice the case of the parties during the trial one way or the other. 12. Accordingly, without holding the mini trial, material on record is assessed to entertain the request of the petitioner. Prime facie materials on record would not disentitle the petitioner from obtaining an order of grant of bail. - 6 - NC: 2025:KHC-D:5054 CRL.P No. 100891 of 2025 13. Apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 14. Accordingly, following: ORDER i. Bail Petition is allowed. ii. Petitioner is directed to be enlarged on bail by executing a bond in a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the Trial Court. iii. Petitioner shall not tamper the prosecution witnesses in any manner. iv. Petitioner shall attend the Court regularly. v. Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE KAV/CT:PA/LIST NO.: 1 SL NO.: 18