- 1 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 103517 OF 2024 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. SHRI ASHOK S/O. JAGADEV CHOUGALA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. MALABAD, TQ. ATHANI, DISTRICT: BELAGAVI. 2. SHRI PRAKASH S/O. JAGADEV CHOUGALA, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. MALABAD, TQ. ATHANI, DISTRICT: BELAGAVI. 3. SHRI PRAVEEN S/O. ASHOK CHOUGALA, AGE: 24 YEARS, OCC: AGRICULTURE, R/O. MALABAD, TQ. ATHANI, DISTRICT: BELAGAVI. …PETITIONERS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY. THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH ATHANI POLICE STATION, BELAGAVI. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO GRANT REGULAR BAIL IN CC NO. 2152/2024 (ATHANI P.S. CR. NO. 142/2024) FOR OFFENSES U/S.307, 302, 504 AND 506 R/W SEC. 34 OF IPC PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC-ATHANI AND THE PETITIONERS/ACCUSED NO. 1 TO 3 MAY BE RELEASED ON BAIL IN THE ENDS OF JUSTICE. THIS PETITION, 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:7452 CRL.P No. 103517 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Vittal S.Teli, learned counsel for the petitioners and Sri.Abhishek Mali Patil, learned HCGP for respondent-State. 2. This petition is filed by the petitioners under Section 483 of the BNSS-2023 arising out of Athani Police Station Crime No.142/2024, pending in CC No.2152/2024 on the file of Prl. Civil Judge and JMFC., Athani, for the offences punishable under Sections 307, 302, 504 and 506 r/w Section 34 of IPC. 3. The brief facts of the prosecution are as under: The complainant/first informant performed marriage of his sister with accused No.2 ten years ago. After the marriage, their relationship was cordial and they got two mail children from their wedlock. The sister of first informant came to his house four years ago by leaving - 3 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 accused No.2 as she was not cordial with accused No.2. Hence, the elders of the village conducted panchayath and instructed her to stay along with accused No.2. Thus, she went to her matrimonial house and stayed there. 4. On 16.04.2024 at around 3 p.m. the first informant had been to the house of his sister and requested the elders to send her to the festival for four days. However, accused No.1 refused to send his sister for the festival. On the same day evening again, he brought to the notice of elders and requested to send her sister for festival. The village elders asked accused No.1 to come to Vittobha Temple and elders advised him to send first informant’s sister for festival. Accused No.1 abused and annoyed the first informant and elders. However, it was pacified by the elders and all were sent to their respective houses. The elders of village asked first informant to come to the village on the following day, but, on the same day he came at 11.45 p.m. the complainant reached the house his sister and asked to send her sister for festival and - 4 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 accused refused to send during mid night and abused them, at that time, the sister came out of the house and she was about to sit on the motor bike of complainant, at that time, accused all together came out of the house. Accused No.1-Ashok assaulted with sickle Kashinath Ramgonda Hagalambi on head, Prakash-accused No.2 assaulted the informant on head with knife, Ashok-accused No.1 assaulted Gaudesh on his chest with sickle, Praveen- accused No.3 assaulted with bat on the head and back of the first informant. Hence, a complaint came to be lodged with respondent –Police. After investigation Athani Police registered the case in Crime No.142/2024 against accused Nos.1 to 3-petitioners. Accused No.1 also registered a complaint in Crime No.147/2024 against complainant party. 5. Learned counsel for the petitioner contended that the investigation has been completed and investigation officer has filed charge sheet. The petitioners/accused are in custody for lost 1 ½ years. - 5 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 There is a case and counter case between the parties and accused No.1 has also sustained head injury in the incident. Accused No.2 is suffering from 78% hearing impairment. As per post mortem report, there are only three injuries. Death is due to injuries sustained to the chest of the deceased. Hence, there are contradictions in the opinions as well as in the statement made by the eye witnesses. Thus, the allegations of prosecution witnesses with regard to Section 302 are not attracted against accused Nos.1 to 3. More so, petitioners are ready to abide by the conditions imposed by this Court. Therefore, prays to allow the petition. 6. Learned counsel for the petitioners has relied on the order of Co-ordinate Bench of this Court in Crl.P.No.754/2018 between Siddesha Vs. State of Karnataka and the below mentioned judgments of the Hon’ble Apex Court. - 6 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 1) Nikesh Tarachand Shah Vs. Union of India and another1. 2) Re-Inhuman conditions in 1382 prisons, Writ petition(C )No.406/2013 3) Sukumaran Vs. State represented by the Inspector of Police.2 4) Darshan Singh Vs. State of Punjab and another.3 5) Amit Bajpai Vs.State of U.P.Thru.Prin.Secy.Home LKO and others.4 6) Dr.Rajesh Pandy Vs. State of U.P.5 7. Per contra, learned HCGP opposes the bail petition. There are five eye witnesses to the incident. Their statement clearly discloses the specific overt acts of the petitioners in assaulting the deceased on his chest and it is a clear case of murder. If at this stage, bail is granted, petitioners will not appear before the Court and there are 1 (2018) 11 SCC 1 2 (2019) 15 SCC 117 3 (2010) 2 SCC 333 4 2024 SCC online All 3842 5 2013 SCC Online All 790 - 7 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 chances of witnesses being threatened by the accused and hence, prays to dismiss the bail petition. 8. Having heard both sides and perusal of the material available on record, as per Column 10 of the first information and column 17 of the charge sheet and as per the statement of CWs.12 to 15, on the day of incident, accused No.1-Ashok assaulted the deceased Gaudesha with sickle on his chest. So also, accused No.2-Prakash assaulted the deceased with knife on his chest. Accused No.3-Praveen also assaulted with bat on the head of the complainant-CW.1 and accused No.4 assaulted with iron road on the legs of the deceased. Admittedly, Coordinate Bench of this Court granted bail to accused No.4 in Crl.P.No.101981/2024 dated 09.07.2024. 9. From the perusal of the postmortem report, the doctor is of the opinion that cause of death is due to respiratory failure caused by the injuries as a result of stab injury to the chest. - 8 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 10. The statement made by the CWs.12 to 15 and the injuries caused stands corroborated and there is a prima facie material against accused Nos.1 and 2 who assaulted the deceased with sickle and knife on the chest of the deceased Gaudesha. Insofar as the allegations made against accused No.3 is concerned, he has assaulted the deceased on his hip. Therefore, the allegations made against accused No.3 and accused No.4 stands on the same footing. Thus, on the ground of parity also accused No.3 is entitled for grant of bail. Insofar as, allegations against accused Nos.1 and 2 are concerned, there are prima facie materials against them. The question regarding intention, who is aggressor, right of private defence is a matter of trial and at this juncture, the Court cannot hold a mini trial and pursue the entire prosecution papers. Therefore, accused Nos.1 and 2 are not entitled for grant of bail. Hence, their bail petition is rejected. - 9 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 11. Accordingly I proceed to pass the following: ORDER (i) The petition is allowed in part. (ii) The bail request of accused Nos.1 and 2 is rejected. (ii) The bail request of accused No.3 is allowed. (iii) The petitioner / accused No.3 is ordered to be enlarged on bail in Crime No.142/2024 of Athani Police registered for the offences punishable under Sections 307, 302, 504 and 506 r/w Section 34 of IPC., on the following conditions. (a) The petitioner / accused No.1 shall execute a personal bond in a sum of Rs.2,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. (b) The petitioner shall not tamper the prosecution witnesses. - 10 - HC-KAR NC: 2025:KHC-D:7452 CRL.P No. 103517 of 2024 (c) The petitioner shall attend the jurisdictional Court regularly. (d) The petitioner shall not involve in the similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (VENKATESH NAIK T) JUDGE HMB /CT-AN List No.: 1 Sl No.: 6