- 1 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102696 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. GURUBASAPPA S/O NAGAPPA ULLEGADDI, AGE: 28 YEARS, OCC: ARMY OFFICER, R/O: CHIKNANDIHHALLI, TAL: KITTUR, DIST: BELAGAVI-590 001. 2. NAGAPPA GURUBASAPPA ULLEGADDI, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: CHIKNANDIHHALLI, TAL: KITTUR, DIST: BELAGAVI-590 001. … PETITIONERS (BY SRI. V.M. SHEELVANT, ADVOCATE) AND: STATE OF KARNATAKA, BY PSI KITTUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONERS ON BAIL IN S.C. NO.80/2025 (KITTUR POLICE STATION CRIME NO.39/2025), PENDING ON THE FILE OF THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER 126(2), 103(1), 352 R/W 3(5) OF BNS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos. 1 and 2 in S.C.No.80/2025 pending before the Court of II Additional District and Sessions Judge, Belagavi arising out of Crime No.39/2025 registered by Kittur Police Station, Belagavi for offences punishable under Sections 126(2), 118(1), 103(1), 352 read with Section 3(5) of BNS 2023 are before this Court under Section 483 of the Bharatiay Nagarik Suraksha Sanhita, 2023 (BNSS 2023) is seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.39/2025 was registered by Kittur Police Station, Belagavi for the offences punishable under Sections 126(2), 118(1), 103(1), 352 read with Section 3(5) of BNS 2023 against the petitioners herein based on the first information dated 08.03.2025 received from Peerappa Basappa Kurabar, who is the neighbour of the petitioners herein. During the course of investigation, the petitioners who are arrayed as accused Nos. 1 and 2 in - 3 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 the FIR were arrested on 09.03.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. Their bail applications filed before the Jurisdictional Sessions Court in Crl.Misc.No.728/2025 was rejected on 26.06.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the petitioners had no intention or motive against the deceased and only in a spur of moment the incident in question had taken place. Petitioners do not have any criminal antecedent. The investigation of the case is completed and charge has been filed. Accordingly, prays to allow the petition. 5. Learned HCGP has opposed to the bail petition. She submits that CW1 and CW10 to 16 are the eyewitnesses to the incident in question. Deceased has suffered fatal injuries on his head as a result of assault - 4 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 made by the petitioners. He has suffered multiple fracture injuries on his head. Accordingly, she prays to dismiss the petition. 6. Petitioners herein are the elder brother and father of deceased Manjunath Ullegaddi. The material on record would go to show that though the marriage engagement ceremony of accused No. 1 and the deceased was performed by their parents, subsequently, marriage of accused No.1 was performed, but marriage of the deceased was not performed. In the charge sheet, it is alleged that the deceased had developed the habit of consuming alcohol and was abusing his parents and relatives for having not performed his marriage. On the alleged date of incident, deceased had come home at about 06.00 p.m. after consuming alcohol and was allegedly abusing his parents and relatives. At about 08.30 p.m. accused Nos.1 and 2 came out of the house and after abusing deceased, at about 08.45 p.m. they dragged him to the property bearing Survey No. 11/4, adjacent to their - 5 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 house and while accused No.2 held deceased, accused No.1 allegedly assaulted him with a brick on his head. CW1 and CW10 to CW16 are the alleged eyewitnesses to the aforesaid incident. They are the neighbours of the petitioners and the deceased. 7. The aforesaid eyewitnesses have said that when accused No.1 was assaulting the deceased with brick, they had tried to interfere and accused No.1 allegedly threatened them. Thereafter, accused No.1 once again went near the place where injured Manjunath was lying down and assaulted him on his head thrice with a brick. Allegation against accused No.2 is that he had held the deceased, while accused No.1 had assaulted him on his head with a brick. As stated earlier, when the eyewitnesses tried to interfere, the accused No.1 had threatened them and thereafter he had once again gone near the injured, who was lying down and assaulted him on his head thrice with a brick. Death is as a result of multiple injuries suffered by the deceased on his head as a - 6 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 result of injury sustained by blunt force impact. Under the circumstances, I am of the opinion that the prayer made by the accused No.1/ petitioner No.1 at this stage, for grant of regular bail, cannot be entertained. Insofar as the accused No.2, who is the father of the deceased, the only allegation against him is that he had held the deceased, when accused No.1 initially assaulted him. His prayer for grant of regular bail can be answered in the affirmative. Accordingly, the following: ORDER i. Petition is partly allowed. ii. Petition as against petitioner No.1/accused No.1 is dismissed. iii. Petition as against petitioner No.2/accused No.2 is allowed. He is directed to be enlarged on bail in S.C.No.80/2025 pending before the Court of II Additional District and Sessions Judge, Belagavi arising out of Crime - 7 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 No.39/2025 registered by Kittur Police Station, Belagavi for offences punishable under Sections 126(2), 118(1), 103(1), 352 read with Section 3(5) of BNS 2023, subject to the following conditions: a. The petitioner No.2/accused No.2 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; b. The petitioner No.2/accused No.2 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 No.2/accused No.2 shall not directly or indirectly - 8 - HC-KAR NC: 2025:KHC-D:9256 CRL.P No. 102696 of 2025 threaten or tamper with the prosecution witnesses; d. The petitioner No.2/accused No.2 shall not involve in similar offences in future. e. The petitioner No.2/accused No.2 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 28