- 1 - HC-KAR NC: 2025:KHC-D:14050 CRL.P No. 104008 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104008 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NINGAREDDY GURAPPA MADOLLI, AGE. 32 YEARS, OCC. AGRICULTURE, R/O. MANTUR ROAD, MAITRA COLONY, PLOT NO.26, HUBBALLI-560020. …PETITIONER (BY SRI R.M.JAVED, ADVOCATE.) AND: STATE OF KARNATAKA, THROUGH BENDEGERI P.S. HUBLI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVAR, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CONNECTION WITH BENDEGERI P.S. HUBLI CRIME NO.74/2025 (NOW C.C.NO.9730/2025) PENDING BEFORE JMFC-III COURT, HUBBALLI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 105 READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, ON SUCH TERMS AND CONDITIONS THAT THIS Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14050 CRL.P No. 104008 of 2025 COURT MAY BE PLEASED TO IMPOSE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner, who is arraigned as accused No.1, is before this Court seeking regular bail, in Bendigeri P.S. Hubballi Crime No.74/2025 (now C.C.No.9730/2025), pending on the file of JMFC-III Court, Hubballi. 2. It is the case of prosecution that petitioner is accused No.1. Accused No.2 is his father. They spent ₹5,000/- for cultivating the land presuming that the said land would be given to them on lease by the owner of the said land. However, it was given to the deceased for a sum of ₹55,000/- by the owner of the said land. The deceased and other persons were cultivating the land. On 09.06.2025 around about 09.30 a.m., accused Nos.1 and 2 restrained them by saying that ₹5,000/- had to be given to them as they have spent for cultivating the land. There was - 3 - HC-KAR NC: 2025:KHC-D:14050 CRL.P No. 104008 of 2025 altercation taken place between the accused and the deceased. Accused No.1 kicked on the chest of the deceased, accused No.2 instigated accused No.1 to take away the life. Immediately the deceased was taken to hospital for treatment, however, he died in the hospital. A case came to be registered against accused Nos.1 and 2, the respondent police proceeded with the investigation and submitted the charge sheet for the offences punishable under Section 105, 54 read with section 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged offences. The incident had occurred due to sudden provocation. He had no intention to commit any injuries to the deceased. In fact, a single kick resulted in causing the death of the deceased. 4. It is further submitted that, the petitioner is an agriculturist and aged about 32 years and permanent - 4 - HC-KAR NC: 2025:KHC-D:14050 CRL.P No. 104008 of 2025 resident of Hubballi. He is the earning member of the family and he will abide the conditions imposed by this Court in the event of his release on bail. 5. Per contra, the learned HCGP vehemently submitted that the deceased was aged about 65 years and he was suffering from ailments. The petitioner knowingly that there is a likelihood of causing harm and which leads to the death of the said person, assaulted on the vital part of the body and caused the death of the deceased. As he has committed heinous offence, it is not appropriate to grant any relief as prayed for. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears in the record that the incident had occurred at a spur of moment without any premeditation. As the intention was absent to commit murder of the deceased, the petitioner may be enlarged on bail by imposing suitable conditions that would take care of the - 5 - HC-KAR NC: 2025:KHC-D:14050 CRL.P No. 104008 of 2025 apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Bendigeri P.S. Hubballi Crime No.74/2025 (now C.C.No.9730/2025), pending on the file of JMFC-III Court, Hubballi, on executing a personal bond for a sum of ₹1,00,000/- along with one surety for the like sum, to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Court on all hearing dates without trial. iv) The petitioner shall not threaten the prosecution witnesses. v) The petitioner shall not commit similar or any other criminal offences till disposal of the case. Sd/- (S.RACHAIAH) JUDGE MRK/ CT: UMD List No.: 2 Sl No.: 9