- 1 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101775 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: KALLAPPA S/O LAXMAN YALAMANI AGE: 55 YEARS, OCC: LABOURER, R/A. PADAGANUR, DEVARAHIPPARGI, DIST. VIJAYAPUR-586115. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBLI RURAL POLICE STATION, DIST. DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C. NO.5004/2024 (CRIME NO.143/2023 HUBLI RURAL P.S) PENDING ON THE FILES OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI FOR THE OFFENCE PUNISHABLE U/S. 323, 324, 302 R/W. 34 OF IPC 1860, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Gouri Shankar Mot, learned counsel for the petitioner and Sri Jairam Siddi, learned High Court Government Pleader for the respondent – State. 2. The petitioner/accused No.1 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant regular bail in S.C.No.5004/2024 (Hubli Rural P.S. Crime No.0143/2023), pending on the file of learned I-Additional District and Sessions Judge, Dharwad, Sitting at Hubballi, for the offences punishable under Sections 323, 324, 302 R/w Section 34 of IPC, 1860. 3. Brief facts of the prosecution case is as under; On 16.06.2023, the petitioner (Accused No.1) and his son (Accused No.2) picked up quarrel with Vasanth (Deceased) for coolie work for construction of tank at Byahatti village along with CW.12 (Prakash Bhovi) and - 3 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 CW.13 (Sunil Khadri). On the same day at 11:30 p.m. in Byahatti village, accused Nos.1 and 2 in furtherance of common intention again picked up quarrel with deceased Vasanth and CW.12 (Prakash Bhovi) and they demanded to repay a sum of Rs.130/- given to deceased Vasanth and Rs.250/- given to CW.12 (Prakash Bhovi) and thereby, assaulted with hands and kicked them. Accused No.2 (Viresh Yalamali) assaulted the deceased Vasanth on his head, forehead with iron rod and caused severe injuries, he also assaulted CW.12 (Prakash Bhovi) on his left ear with iron rod and caused injuries and thereby, committed murder of deceased Vasanth and also caused simple injuries to CW.12, who is an eye witness to the incident. Hence, the first informant lodged complaint against the accused persons, which led to registration of the FIR and initiation of investigation. During the course of investigation, accused No.1 was arrested and in turn, he was remanded to judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 4. Learned counsel for the petitioner contended that petitioner is innocent, he has been falsely implicated in this case, there are no overt act alleged against him and nothing is recovered from his possession. The only allegation against the petitioner is that the petitioner assaulted the deceased Vasanth with his hands and legs. However, it is accused No.2, who caused injury on the head and face of deceased Vasanth with iron rod and nothing has been recovered from the possession of accused No.1. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, counsel prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader opposes the bail petition contending that petitioner is involved in the offence punishable under Section 302 of IPC and there is a prima facie case against him, he also assaulted the deceased with his hands and legs and if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and - 5 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 gravity of offences, the petitioner is not entitled for bail. Hence, prayed for rejection of petition. 6. Perused the material available on record. 7. The Investigating Officer after completion of investigation has filed the charge-sheet. As per the charge-sheet material, on 16.06.2023, accused Nos.1 and 2 took quarrel with deceased Vasanth and CW.12 in respect of return of amount. Thereby, accused No.1 voluntarily caused hurt by his hands and legs on deceased Vasanth and accused No.2, who is none other than the son of accused No.1, voluntarily caused hurt with iron rod and club on the head of deceased Vasanth as well as CW.12. 8. Upon perusal of the statements of CW.12 (Prakash Bhovi) and CW.13 (Sunil Khadri) recorded under Section 164 Cr.P.C., as well as their statements recorded under Section 161 Cr.P.C., it is evident that the said statements are self-contradictory. According to CW.12, accused No.1 assaulted with his hands and legs to the - 6 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 deceased. However, as per the statement of CW.13, accused No.1 also assaulted with iron rod and caused death of deceased. As per the post mortem examination report, the deceased Vasanth sustained in all 15 injuries. However, as per the opinion of doctor, the cause of death is due to head injury sustained. Therefore, on perusal of the entire prosecution papers except the allegation that accused No.1 assaulted the deceased with his hands and legs on his chest and other parts of the body, there are no material against the petitioner to attract Section 302 of IPC at this juncture. The main allegation is against accused No.2, who assaulted the deceased with iron rods and club. 9. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering of the prosecution - 7 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 witnesses, the petitioner is entitled for grant of regular bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner/accused No.1 is ordered to be enlarged on regular bail in S.C.No.5004/2024 (Hubli Rural P.S. Crime No.0143/2023), pending on the file of learned I-Additional District and Sessions Judge, Dharwad, Sitting at Hubballi, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of trial Court, subject to the following conditions: i) The petitioner shall not threaten or tamper the prosecution witnesses either directly or indirectly; ii) The petitioner shall appear before the trial Court regularly without fail; - 8 - HC-KAR NC: 2025:KHC-D:7699 CRL.P No. 101775 of 2025 iii) The petitioner shall not involve himself in similar or any other offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE AM/-. CT-AN List No.: 1 Sl No.: 28