- 1 - HC-KAR NC: 2025:KHC-D:10002 CRL.P No. 102875 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102875 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: SANGAYYA S/O SHEKHAYYA PUJAR, AGE. 20 YEARS, OCC. LABOUR, R/O. BASAPUR VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD- 581113. …PETITIONER (BY SRI. VINAYAKA R. BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA, BY KUNDGOL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO A. GRANT A REGULAR BAIL TO THE PETITIONER IN CRIME NO. 05/2025 OF KUNDGOL POLICE STATION, FOR THE OFFENCES UNDER SECTION 103, 115(2), 351(3) AND 352 OF THE BHARATIYA NYAYA SAMHITA, 2023, PENDING TRIAL IN SC NO. 5041/2025 BEFORE IST ADDL. SESSIONS JUDGE DHARWAD, SITTING AT HUBLI IN THE INTEREST OF JUSTICE AND EQUITY B. GRANT ANY OTHER RELIEF DEEMS FIT IN FAVOR OF THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10002 CRL.P No. 102875 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in S.C.No.5041/2025 pending before the Court of I Additional Sessions Judge, Dharwad, sitting at Hubli arising out of Crime No.5/2021 registered by Kundgol Police Station, for the offences punishable under Sections 103, 115(2), 351(3) and 352 of the Bharatiya Nyaya Samhita, 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.5/2021 was registered by Kundgol Police Station, for the aforesaid offences against the petitioner herein based on the first information dated 11.01.2025 received from Lakshmi W/o Mudayya Pujar. During the course of investigation, petitioner was arrested on 11.01.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in - 3 - HC-KAR NC: 2025:KHC-D:10002 CRL.P No. 102875 of 2025 Criminal Miscellaneous No.5299/2025 was rejected on 09.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is aged 20 years having no criminal antecedents. He is the sole bread winner of the family. The incident has taken place in a spur of moment. Accordingly, prays to allow the petition. 5. Learned HCGP has opposed the petition. She submits that death was as a result of petitioner kicking the testicles of the deceased. There are eye witnesses to the alleged incident. Accordingly, she prays to dismiss the petition. 6. From a reading of the material on record, it appears that house of the petitioner is situated adjacent to the house of the deceased Mudayya Pujar and his sister Prema. It appears that on 11.01.2025, the petitioner had fought with Nagaraj, son of Prema for the reason that Nagaraj had gone near the house of the petitioner to - 4 - HC-KAR NC: 2025:KHC-D:10002 CRL.P No. 102875 of 2025 attend the nature call. The parents of Nagaraj along with first informant and her husband Mudayya Pujar tried to intervene when the petitioner and aforesaid Nagaraj were quarrelling with each other. It is alleged that the petitioner after abusing Mudayya Pujar assaulted the him with his hands and also kicked him on his testicles. It is further alleged that the petitioner also assaulted Nagaraj and his mother Prema and thereafter, ran away from the spot. 7. In the alleged incident, Nagaraj and his mother Prema have suffered simple injuries. Mudayya Pujar was immediately shifted from the crime spot to the hospital. But, he was declared brought dead by the doctors in hospital. Post mortem report of the deceased would go to show that he has not suffered any grievous external injuries on his body. In the final opinion regarding cause of death of the deceased, it is mentioned that death was due to blunt trauma to the testicles. Incident in question had taken place after Nagaraj had gone near the house of the petitioner to attend the nature call. When Nagaraj and - 5 - HC-KAR NC: 2025:KHC-D:10002 CRL.P No. 102875 of 2025 petitioner were quarrelling with each other, the deceased and his relatives including the parents of Nagaraj tried to intervene and it is alleged that at that time, petitioner had assaulted the deceased with his hands and kicked him on his testicles. It appears that incident in question had taken place in a spur of moment. The allegation against the petitioner is that he assaulted the deceased with his hands and legs. 8. The petitioner is aged about 20 years and has no other criminal antecedent. Petitioner is in custody for the last more than 7 months. Continued detention of the petitioner in custody amongst hardcore criminals in jail would have an adverse impact on his future career and prospects. The trial in the case is yet to commence. The allegations found in the charge sheet is required to be proved against the petitioner. Under these circumstances, the prayer made by the petitioner in the application for grant of regular bail is required to be answered in the affirmative. Accordingly the following: - 6 - HC-KAR NC: 2025:KHC-D:10002 CRL.P No. 102875 of 2025 ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.5041/2025 pending before the I Additional Sessions Judge, Dharwad, sitting at Hubli arising out of Crime No.5/2021 registered by Kundgol Police Station, for the offences punishable under Sections 103, 115(2), 351(3) and 352 of the Bharatiya Nyaya Samhita, 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 7 - HC-KAR NC: 2025:KHC-D:10002 CRL.P No. 102875 of 2025 b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB List No.: 1 Sl No.: 20