- 1 - HC-KAR NC: 2025:KHC-D:15984 CRL.P No. 103814 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 103814 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: BASAVARAJ S/O. HEMAPPA @ HEMANNA AKKI, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. GUDISALAGERI ONI, HAVERI, TQ. AND DIST. HAVERI- 581110. …PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH HAVERI TOWN POLICE STATION, REPTD. BY ADDL. SPP HIGH COURT OF KARNATAKA Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:15984 CRL.P No. 103814 of 2025 DHARWAD BENCH, AT DHARWAD- 580011. …RESPONDENT (BY SRI. PRAVEEN Y. DEVARADDIYAVAR, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN S.C.NO. 47/2025 (HAVERI TOWN P.S. OF CRIME NO. 52/2025) PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, AT HAVERI FOR THE OFFENCE P/U/SEC. 103(1), 109, 118(1), 181(2) AND 352 OF BNS, SO FOR IT RELATES TO ACCUSED IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. 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:15984 CRL.P No. 103814 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.52/2025 of respondent- police for the offence under Sections 103(1) 109, 118(1), 118(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be filed by Sri.Mahesh Akki S/o Uliveppa stating that the accused is a relative. The petitioner and the injured had partitioned the property bearing Sy.No.33 measuring 16 acres at Totada Yallapura village. There was a dispute in respect of the road to reach the land. Both the petitioner and the complainant filed a complaint jointly before the Tahasildar in respect of the right of way. However, the injured alone used to go to the office of the Tahasildar repeatedly. It is further alleged that the injured asked the accused to approach the Tahasildar to get the - 4 - HC-KAR NC: 2025:KHC-D:15984 CRL.P No. 103814 of 2025 work done at the earliest. Being aggrieved by the said advice, on 25.03.2025 at about 7.15 a.m to 7.20 a.m., near Ganapati Temple, M.G.Road, the accused abused the complainant’s father, who is aged about 78 years in a filthy language and assaulted him with a sickle on his head and other parts of the body and caused grievous injuries. The injured was taken to the hospital at Haveri and thereafter, the injured was shifted to KIMS hospital. The injured died in the said hospital on 28.03.2025 at about 12.30 p.m. Hence, this complaint. 3. Based on the complaint, the respondent-police have registered a case in Crime No.52/2025 for the offences stated supra. After conducting investigation, submitted the charge sheet. 4. Heard Sri. Naveen Chatrad, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent - State. 5. It is the submission of the learned counsel for the petitioner that, the alleged incident had occurred due to - 5 - HC-KAR NC: 2025:KHC-D:15984 CRL.P No. 103814 of 2025 sudden provocation. The petitioner had no intention to commit the murder of the deceased. The deceased is none other than the relative of the petitioner. There was a dispute between the deceased and the petitioner in respect of the right of way and the matter was pending before the Tahasildar for adjudication. Even assuming that the petitioner had committed the offence, it will not attract the ingredients under Section 103(1) of BNS, 2023. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent – State vehemently submitted that the petitioner has committed a heinous offence which is punishable with death or imprisonment for life. Therefore, the petitioner is not entitled for any relief as prayed for. Making such submissions, the learned High Court - 6 - HC-KAR NC: 2025:KHC-D:15984 CRL.P No. 103814 of 2025 Government Pleader for respondent No.1 prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the charge sheet. The averments of the charge sheet would indicate that the petitioner is none other than a relative of the deceased. The petitioner and the deceased had filed an application for the right of way before the Tahasildar. The deceased had been to the Tahasildar twice to get his work done, however, the accused was not showing any interest to go to the Tahasildar office. The deceased having came to know that the petitioner had not gone to the office of the Tahasildar to get the work done, scolded the petitioner that he should go to the office of the Tahasildar to get his work done. Being aggrieved by the said scolding, the petitioner had assaulted the deceased with a sickle. Consequently, the deceased has sustained injuries and he was hospitalised, thereafter, he died due to said injuries. There are eyewitnesses to the incident. The manner in which the petitioner had assaulted - 7 - HC-KAR NC: 2025:KHC-D:15984 CRL.P No. 103814 of 2025 the deceased would indicated its gravity. Therefore, it is not appropriate to grant him bail. 8. Hence, I proceed to pass the following: ORDER The petition stands rejected. Sd/- (S.RACHAIAH) JUDGE UN List No.: 1 Sl No.: 26