- 1 - HC-KAR NC: 2025:KHC-D:7438 CRL.P No. 101829 of 2025 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. 101829 OF 2025 (439 OF Cr.PC)/483 OF BNSS) BETWEEN: ANIL S/O. MOTIRAM POLA, AGE. 36 YEARS, OCC. COOLIE, R/O. BASAVESHWAR PLOT, KULALI VILLAGE, MUDHOL TQ, BAGALKOT DIST-587113. …PETITIONER (BY SRI. JAMBANAGOUD BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH MUDHOL P.S.), R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH CRIME NO 305/2024 OF MUDHOL P.S FOR THE OFFENCE U/S.189(2), 191(2), 191(3), 127(2), 115(2), 118(1), 109, 103(1), 352, 351(3) R/W 190 OF BNSS 2023 PENDING ON HE FILE OF IST ADDL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI IN S.C NO.5026/2025 (CRL.MIS NO 5057/2025) PENDING TRIAL OF THE CASE IN SO FAR AS THE PETITIONER IS CONCERNED AND IN THE INTEREST 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:7438 CRL.P No. 101829 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) This petition is filed under Section 439 of Cr.P.C. [Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023] for grant of regular bail in Crime No.305/2024 [S.C. No.5026/2025] pending on the file of the I Additional District and Sessions Judge, Bagalkote, sitting at Jamkhandi] for the offences punishable under Sections 183(2), 191(2), 191(3), 103, 352, 351(3) read with Section 190 of BNSS 2023m by the petitioner [accused No.6]. 2. As per the case of prosecution, on 15.11.2024 at about 02:00 a.m. when the first informant’s son Sunil went to attend nature call, accused Nos.1 and 2, his neighbours picked up quarrel alleging that he was peeping into their house. Other accused also joined and assaulted the victim. When victim was being taken to some other place, the petitioner – accused No.6, the brother of the victim, came out of house with knife and stabbed the - 3 - HC-KAR NC: 2025:KHC-D:7438 CRL.P No. 101829 of 2025 victim on his chest. Victim fell down and died. Based on the complaint lodged by victim’s mother, accused Nos.1 to 6 were arrested on 11.11.2024 and subsequently remanded to judicial custody. 3. Learned counsel for the petitioner contended that the petitioner is innocent, has not committed any offence and has been falsely implicated in this case. It is contended that accused Nos.1 to 5 had assaulted the victim throughout the night, and the only allegation made against the petitioner – accused No. 6 is that, he suddenly came out of the house and stabbed the deceased with a knife, and it was on grave and sudden provocation. In light of this, the learned counsel for the petitioner prayed that the petition be allowed. 4. Learned High Court Government Pleader, referring to the statement of objections, contended that the deceased died due to a stab injury to the chest, and the case is based on the evidence of eyewitnesses. The - 4 - HC-KAR NC: 2025:KHC-D:7438 CRL.P No. 101829 of 2025 material collected during the investigation is sufficient to establish the offence against the petitioner. As per the postmortem report, there are 33 external injuries on the body of the deceased, and the Doctor who conducted the postmortem examination has opined that the cause of death was due to shock resulting in hemorrhage and peritonitis consequent to the wounds sustained. Accordingly, the learned High Court Government Pleader prayed for dismissal of the petition. 5. Perused the materials available on record. 6. As per the prosecution case, accused Nos.1 to 5 assaulted the victim throughout the night by confining him to an electric pole. Accused No.6 is alleged to have come from his house with a knife and stabbed the deceased on the chest, which resulted in his death. CWs.6 to 12 are cited as eyewitnesses to the incident and in their statements, they have clearly stated the overt act of the petitioner. The postmortem report indicates that the cause - 5 - HC-KAR NC: 2025:KHC-D:7438 CRL.P No. 101829 of 2025 of death was due to shock resulting in hemorrhage and peritonitis, consequent to the wounds sustained. At this stage, there exists a prima facie case against the petitioner. 7. Although accused Nos. 1 to 5 were granted bail by this Court in Criminal Petition No.100133/2025, the allegations made against accused No.6 are of a graver nature and not on the same footing. Therefore, the petitioner is not entitled to bail. Furthermore, CWs.6 to 12, who are eyewitnesses to the incident, have categorically stated before the Investigating Officer regarding the involvement of the petitioner – accused No.6 in the offence. The postmortem report clearly establishes that the injury caused by the petitioner was directly responsible for the death of the deceased. Accordingly, the petition is dismissed. However, liberty is reserved to the petitioner, as sought by the learned counsel, to seek appropriate relief in - 6 - HC-KAR NC: 2025:KHC-D:7438 CRL.P No. 101829 of 2025 accordance with law after the examination of the eyewitnesses to the incident, namely CWs.6 to 12. Note: The observations made in this order are only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 15