- 1 - HC-KAR NC: 2025:KHC-D:18057 CRL.P No. 104249 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104249 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: VITTAL S/O. MAHADEV BABALYAGOL, AGE. 20 YEARS, OCC. STUDENT, R/O. KHANADAL, TQ. RAIBAG, DIST. BELAGAVI, PIN CODE-590001. …PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HARUGERI Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18057 CRL.P No. 104249 of 2025 POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, GRANT A REGULAR BAIL TO THE PETITIONER/ACCUSED NO.3 IN HARUGERI POLICE STATION IN CRIME NO.25/2025 DATED 07.02.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49, 61(2), 126(2), 103(1) R/W, 190 OF BNS PENDING ON THE FILE OF VII ADDL. DIST. AND SESSIONS JUDGE BELAGAVI SIT, AT CHIKKODI AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18057 CRL.P No. 104249 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.3 is before this Court seeking for grant of regular bail in Crime No.25/2025 of respondent-police for the offences punishable under Sections 49, 61(2), 126(2), 103(1) r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS 2023’). Factual matrix of the case: 2. The case of the prosecution is that, Smt.Sima Lakkappa lodged a complaint stating that she is a resident of Kanadala Village living along with her family. It is further stated that, there was a dispute between the family of the accused and the family of the complainant in respect of land bearing Sy.No.123 of Kanadala Village and Sy.nos.151, 150/3(a) of Hidakal Village. It is also further stated that, on 06.02.2025, at about 9.00 a.m., her husband Lakkappa Ramappa had been to the city on his work stating that he would be returned in the evening, however, he did not return. She has called herhusband around 5.00 p.m. Her husband has received a call and told her that he was coming on the way. Again, around 6.00 - 4 - HC-KAR NC: 2025:KHC-D:18057 CRL.P No. 104249 of 2025 p.m., she has received a phone call from the phone number of her husband by unknown person stating that her husband had sustained injuries and asked her to come immediately to the spot. 3. It is further stated that the complainant along with her relatives, went to the spot and found that her husband had sustained injuries. He was shifted to the hospital for treatment. Thereafter, she lodges a complaint. 4. As per the averments of the complaint, he was taking treatment in Lake View hospital at Belagavi. However, her husband died on 15.02.2025. Thereafter, Section 103(1) of BNS, 2023 was inserted in the charge sheet. 5. Heard Sri.Mahantesh S.Hiremath, learned counsel for the petitioner and Sri.Praveen Y.Devareddiyavara, learned High Court Government Pleader for the respondent – State. 6. It is the submission of learned counsel for the petitioner that the petitioner is arraigned as accused No.3. Though, it is stated that accused Nos.1 to 3 in furtherance of common intention to commit murder of the deceased, wrongfully confined the deceased and assaulted and caused injuries. Later, he died due to the said injury. It is alleged in the complaint that, - 5 - HC-KAR NC: 2025:KHC-D:18057 CRL.P No. 104249 of 2025 accused No.3 is stated to have assaulted with the rod on the head and hands of the deceased. Similarly, accused No.2 also assaulted with steel rod on the same area. However, as there was no eyewitnesses to the incident, the overt-act of each accused cannot be assessed without the statement of the co- accused. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader for the respondent – State vehemently submitted that the prosecution has established motive, preparation and also the overt-act of accused No.3. When all the circumstances have been proved thoroughly, it is not appropriate to grant the relief as prayed for. Making such submissions, the learned High Court Government Pleader for the respondent - State prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also on perusal of the averments of the complaint, it appears from the record that, the petitioner is stated to have - 6 - HC-KAR NC: 2025:KHC-D:18057 CRL.P No. 104249 of 2025 assaulted the injured on the ring finger of the deceased and caused injuries. However, the postmortem report would indicate that the deceased died due to head injury sustained by blunt force trauma. On considering the said postmortem report, it is appropriate to grant him bail by imposing suitable conditions. 9. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.25/2025 of respondent-police for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:18057 CRL.P No. 104249 of 2025 (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE ASN/UN CT: UMD List No.: 2 Sl No.: 23