- 1 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102123 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: HULIGESH S/O. PARASHURAMA, AGE: 26 YEARS, OCC: LABOURER, R/O. 9TH WARD, 2ND CROSS, NEAR CHITTI HOTEL, SL CHOWKI, HOSAPETE, VIJAYANAGAR DIST-583201. …PETITIONER (BY SHRI ANWAR BASHA B., ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HOSAPETE TOWN P.S.), REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580001. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C. NO.5016/2025 IN CONNECTION WITH CRIME NO. 140/2024 REGISTERED BY TOWN P.S. HOSAPETE FOR THE OFFENCES PUNISHABLE U/S.103(1) OF BNS PENDING TRIAL OF THE SAID CASE BEFORE III ADDL. DIST AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri. Anwar Basha B., learned counsel for petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 2. The petitioner/accused has filed this petition under Section 439 of the Criminal Procedure Code (Cr.P.C.) seeking bail in Crime No.140/2024, registered by the Hosapete Town Police Station, pending on the file of the learned Principal Senior Civil Judge and JMFC, Hosapete in C.C. No.529/2024 and S.C. No. 5016/2025, for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The brief facts of the prosecution case are as under: On 24.09.2024, at around 03:45 p.m., the complainant was informed by his friend Roshan that the complainant’s brother, Shantakumar (deceased), was - 3 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 involved in a quarrel with the petitioner/accused near Meer Allam Talkies Road, in front of Majestic Petrol Bunk, Hosapete. The quarrel reportedly arose because the accused demanded money from the deceased for the purchase of alcohol. When the deceased refused to give him money, the accused became aggressive, assaulted the deceased by striking his neck with his hands, and caused him to fall to the ground. The accused then allegedly delivered further blows to the deceased's chest and abdomen, resulting in severe injuries. As a result of the assault, the deceased became unconscious and was immediately shifted to the hospital for treatment. However, despite medical efforts, he succumbed to his injuries and died on the same day while undergoing treatment. Based on this incident, the complainant lodged a formal complaint, leading to the registration of an FIR and initiation of investigation. During the course of the investigation, the petitioner/accused was arrested and subsequently, remanded to judicial custody. - 4 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 4. The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He has been falsely implicated in the present case. No incriminating material has been recovered from the petitioner. The only allegation against him is that he had a quarrel with the deceased and demanded money to purchase alcohol. When the deceased refused to pay, the petitioner allegedly assaulted him with his hands and legs. The incident occurred on 24.09.2024, while the deceased passed away on 25.09.2024. There was no intention on the part of the petitioner to cause the death of the deceased. At the most, the alleged act may attract the provisions of Section 304 of IPC, as it appears to have occurred due to sudden provocation and without premeditation. The petitioner is ready and willing to abide by any conditions that may be imposed by this Hon’ble Court. On these grounds, the learned counsel prayed for grant of bail. - 5 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 5. Per contra, the learned High Court Government Pleader appearing for the respondent-State contended that the petitioner is involved in the commission of an offence punishable under Section 302 of IPC, and that there is prima facie material against him. He submitted that CWs.16 and 17 have categorically deposed before the Magistrate under Section 164 of Cr.P.C., detailing the specific overt acts committed by the accused against the deceased. The prosecution further contends that if the petitioner is released on bail, there is a likelihood that he may threaten or influence the prosecution witnesses, thereby hampering the ongoing investigation and the fair conduct of the trial. Considering the nature and gravity of the offence, the petitioner is not entitled to the relief of bail. Accordingly, the learned Government Pleader prayed for dismissal of the bail petition. 6. Perused the materials available on record. It is noted that the Investigating Officer has completed the investigation and filed the charge sheet. - 6 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 7. As per the charge sheet material, it is revealed that the case is primarily based on circumstantial evidence. Although CWs.16 and 17 have been cited as eyewitnesses to the incident, their statements were recorded nearly two months after the date of the alleged occurrence, and the prosecution has not provided any explanation for this delay. The contents of the complaint and the statements of other witnesses indicate that the incident arose due to the petitioner demanding money, which led to a sudden provocation. There appears to be no premeditated intention on the part of the petitioner to cause the death of the deceased. 8. Furthermore, the Investigating Officer has not recovered any incriminating articles from the petitioner. According to the post-mortem examination report, the cause of death is "head and neck injuries sustained as a result of blunt force trauma." However, no blunt object has been recovered in connection with the alleged incident. - 7 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 9. Having regard to the facts and circumstances of the case, including the nature of the allegations against the petitioner, the gravity of the offence, the severity of the potential punishment, the risk of the petitioner absconding or evading justice if released on bail, his character and antecedents, and the possibility of tampering with prosecution witnesses, this Court is of the view that the petitioner is entitled to be released on bail. Accordingly, this Court proceeds to pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Crime No.140/2024 of respondent – Police Station on he executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: - 8 - HC-KAR NC: 2025:KHC-D:8010 CRL.P No. 102123 of 2025 i. Petitioner/accused shall not tamper the prosecution witnesses and threaten the complainant. ii. He shall appear before the Jurisdictional Court regularly without fail. iii. He shall not commit similar offences. Violation of any of these conditions would entail for cancellation of bail. Ordered accordingly. Note:-The above observations are made only for the purpose of disposal of this case. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 7