- 1 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14975 OF 2025 BETWEEN: BASAVARAJU, S/O. YELESIDDAPPA, AGED ABOUT 42 YEARS, R/AT GIREGOWDANAHALLI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMAKURU - 572 175. …PETITIONER (BY SRI. MAHESH S., ADVOCATE) AND: STATE OF KARNATAKA BY KODIGENAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.PUSHPALATHA.B, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS ARRAIGNED AS ACCUSED NO. 1 IN SC NO 5051/20205 (CC NO 94/2025) FOR THE OFFENCES PUNISHABLE UNDER SEC. 190, 74, 189 (2), 351 (2), 352, 109, 103 (1) OF BHARATIYA NYAAYA SANHITA, 2023 BY RESPONDENT KODIGENAHALLI POLICE PENDING ON THE FILE OF HONBLE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.5051/2025 pending before the Court of IV Additional District and Sessions Judge, Tumakuru sitting Madhugiri, arising out of Crime No.57/2025 registered by Kodigenahalli Police Station, Tumakuru, for offences punishable under Sections 190, 74, 189(2), 351(2), 352, 109, 103(1) of BNS, 2023 is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.57/2025 was registered by Kodigenahalli Police Station, Tumakuru, initially for offence punishable under Sections 189(2), 109, 352, 351(2), 190 of BNS 2023 against Elesiddappa and four others, based on the first information dated 21.05.2025 received from Krishnamurthy, who is the alleged eye-witness to the incident in question that had taken place at about 05.45 p.m. on 21.05.2025. - 3 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 4. During the course of investigation petitioner herein who was arraigned as accused No.2 in the FIR was arrested on 22.05.2025 and remanded to judicial custody. After completing investigation, charge sheet is now filed against five persons and petitioner is arraigned as accused No.1 in the charge sheet. At crime stage, petitioner had approached this Court in Crl.P.No.8990/2025 which was rejected on 08.07.2025. After filing of charge sheet, petitioner had filed a fresh bail application before the Trial Court in Crl.Misc.No.5288/2025 which was rejected on 17.10.2025. It is under these circumstances, petitioner is before this Court in this successive bail petition. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is a agriculturalist having no other criminal antecedents. There is a civil dispute between the family of the accused and the family of the deceased, who are all close relatives. In the first information which was submitted by the son of the deceased, he has not made - 4 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 allegation against the petitioner about he assaulting the deceased with a bamboo stick on her head. In view of the civil dispute between the parties, subsequently an improvement is made, alleging that the petitioner had assaulted the deceased on her head with a bamboo stick. Accordingly, he prays to allow the petition. 6. Per contra, learned Additional State Public Prosecutor has opposed the prayer made in the petition. She submits that there are eye-witnesses to the incident in question and petitioner is the person who has assaulted the deceased on her head with a bamboo stick. Death is as a result of the said assault. Therefore, she prays to dismiss the petition. 7. Perusal of the material on record would go to show that there is certain civil dispute between the family of the accused persons and the family of the deceased. In the first information, it is alleged that in the background of the civil dispute between the parties, on 21.05.2025 at about 05.45 p.m., Elesiddappa, who was arraigned as - 5 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 accused No.1 in the FIR along with the other accused persons, including the petitioner herein, had come near the house of the first informant and had raised a quarrel and thereafter, petitioner herein allegedly had assaulted the first informant on his knee with a bamboo stick causing blood oozing injury. When the mother of the first informant namely Chowdamma tried to intervene, she was pushed and as a result, she fell down and suffered injury on her head. He further alleged that accused Nos.4 and 5 named in the FIR namely Meenakshi and Ashwathamma had assaulted Manjula, wife of the first informant and had caused injuries. Accused No.3 in the FIR namely Dadalurappa had pulled the mother of the complainant and had pushed her and as a result she had suffered injury on her head and had lost her conscious. Thereafter, the accused persons threatened the first informant and his relatives and had left the place. 8. During the course of investigation, petitioner herein was arrested on 22.05.2025. After completing - 6 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.1 in the charge sheet. 9. Material record would go to show that after the registration of the FIR, the further statement of the first informant was recorded and in the said statement he has made an allegation that in the alleged incident, petitioner had assaulted his mother Chowdamma with the bamboo stick and as a result she suffered injury and fell down on the ground. Other alleged eye-witnesses also have subsequently made similar allegation against the petitioner. Charge sheet is now filed with an allegation that petitioner had assaulted deceased Chowdamma on her head when she tried to intervene when the petitioner was assaulting her son, who is the first informant in the case. 10. In the first information which was submitted by the son of the deceased at about 11.45 p.m, in respect of the alleged incident that had taken place at about 05.45 - 7 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 p.m, he has clearly stated that his mother was pushed and as a result she fell down and had suffered injury on her head. A specific allegation of pushing his mother is made by the first informant in the first information as against Dadalurappa who was arraigned as accused No.3 in the FIR and accused No.2 in the charge sheet. He has been granted regular bail by this Court in Crl.P.No.8990/2025. It is only based on the subsequent statement of the first informant and other witnesses, an allegation is now made against the petitioner in the charge sheet that he had assaulted deceased Chowdamma on her head with the bamboo stick, when she tried to intervene when the petitioner was assaulting her son. Such an allegation is not found in the first information, which was filed after about six hours from the time of incident. It is relevant to note here that, there is a serious civil dispute between the parties and they have been fighting against each other in the said background. Petitioner is an agriculturist aged about 42 years having no criminal antecedents. He is said to be a married man having family. Investigation of the - 8 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 case is completed and charge sheet has been filed citing 44 charge sheet witnesses. Trial in the case is yet to commence. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5051/2025 pending before the Court of IV Additional District and Sessions Judge, Tumakuru sitting Madhugiri, arising out of Crime No.57/2025 registered by Kodigenahalli Police Station, Tumakuru, for offences punishable under Sections 190, 74, 189(2), 351(2), 352, 109, 103(1) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 9 - HC-KAR NC: 2025:KHC:49555 CRL.P No. 14975 of 2025 Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner 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 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner 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 KVR List No.: 1 Sl No.: 9