- 1 - HC-KAR NC: 2025:KHC-D:14709 CRL.P No. 104143 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104143 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. MALLIKARJUN S/O. BASAVANNEPPA @ KEMPBASAPPA AVARI, AGE. 58 YEARS, OCC. AGRICULTURE, 2. SHARAVVA W/O. MALLIKARJUN AVARI, AGE. 58 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, BOTH ACCUSED R/O. KADAPATTI, TQ. KUNDGOL, DIST. DHARWAD-581113. …PETITIONERS (BY SRI. GOURISHANKAR S.MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, KUNDAGOL POLICE STATION, DIST. DHARWAD REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONERS/ACCUSED NO.2 AND 3 ON REGULAR BAIL IN KUNDAGOL P.S. CRIME NO.104/2025 CURRENTLY PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR. DN) AND CJM COURT, KUNDAGOL, DHARWAD FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103, 115(2), 75, 352, 351(2), R/W 3(5) OF BNS, 2023, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14709 CRL.P No. 104143 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners are before this Court seeking to enlarge them on bail in Crime No.104/2025 for the offences punishable under Sections 103, 115(2), 75, 352, 351(2) r/w. Section 3(5) of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; A complaint came to be registered by Fakkiravva W/o. Rudrappa Avari stating that on 09.08.2025 in the evening Rudrappa who is her husband was sitting on the dais of her brother-in-law Gurushiddappa. At that time, Mudeppa and Shivaputrappa in furtherance of their common intention, came to the spot and quarrelling with her saying that he was talking with Sujata who was her relative. When the complainant and her brother-in-law interfered and asked as to why they were scolding Rudrappa, accused No.1 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14709 CRL.P No. 104143 of 2025 however, assaulted the deceased Rudrappa with brick on his head and caused injuries. Immediately, the husband of the complainant become unconscious and fell down on the ground. Accused No.2 assaulted on his hands and also dragged the complainant. The accused No.3 assaulted the complainant. When she screamed for help, her brother-in- law and others came and rescued her and thereafter, the deceased was shifted to Hospital for treatment. However, he died due to the injuries. The investigation is in progress, the petitioners are before this Court seeking regular bail. 3. It is the submission of the learned counsel for the petitioners that they assaulted the complainant. However, no wound certificate is produced. The allegations are not attracted for the offence punishable under Section 103 of BNS, 2023 against these petitioners. The petitioners are the husband and wife and they are aged about 58 years and were doing agricultural works. They are the permanent residents of Kadapatti, Kundgol Taluk, Dharwad District. They will abide by the conditions imposed by this Court in - 4 - HC-KAR NC: 2025:KHC-D:14709 CRL.P No. 104143 of 2025 the event of their release on bail. Hence, he prays to allow the petition. 4. Per contra, the learned High Court Government Pleader vehemently submitted that, the petitioners are arrayed as accused Nos.2 and 3. In furtherance of their common intention, they assaulted the deceased and killed. Since, the petitioners have committed heinous offence, there may be chances of committing similar offence if they are enlarged on bail. Therefore, it is not appropriate to grant bail. 5. Having considered the learned counsel for the parties and also perused the averments of the complaint, it appears from the record that, the accused No.1 assaulted the deceased with brick and caused bleeding injury. The postmortem report would indicate that the death is due to head injury. Having considered the overt-act of these petitioners, it is appropriate to grant bail. 6. Hence, I proceed to pass the following; - 5 - HC-KAR NC: 2025:KHC-D:14709 CRL.P No. 104143 of 2025 ORDER i) The Criminal Petition is allowed. ii) The petitioners are ordered to be enlarged on bail in Crime No.104/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] each with 1 surety each for likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioners shall not involve in similar or in any other criminal cases till disposal of the present case. b) The petitioners shall not threaten the prosecution witnesses. - 6 - HC-KAR NC: 2025:KHC-D:14709 CRL.P No. 104143 of 2025 c) The petitioners shall appear before the Trial Court on all hearing dates. d) The petitioners shall co-operate with the investigation as and when required till filing of the charge-sheet. In case, if the petitioners violate any of the conditions enumerated above, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 11