- 1 - HC-KAR NC: 2025:KHC-D:18122 CRL.P No. 104713 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104713 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. BASAVARAJ SOMALINGA PANTED, AGE. 19 YEARS, OCC. STUDENT, R/O. SUTAGATTI, TAL. SAUNDATTI, DIST. BELAGAVI-591126. 2. RAGHAVENDRA SOMALINGA PANTED, AGE. 18 YEARS, OCC. STUDENT, R/O. SUTAGATTI, TAL. SAUNDATTI, DIST. BELAGAVI-591126. …PETITIONERS (BY SRI. RAMESH S.GUDODAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SAUDATTI POLICE, DIST. BELAGAVI, REP BY HCGP, HIGH COURT OF DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING THAT THE PETITIONER/ACCUSED NO.1 AND 2 MAY BE RELEASED ON BAIL IN SAUNDATTI P.S. CRIME NO.186/2025 IN (S.C.NO.145/2025) OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 118(1), 103(1), 352 AND 3(5) OF BNS, CASE IS PENDING BEFORE THE VI ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI, AT. BELAGAVI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18122 CRL.P No. 104713 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) 1. The petitioners are before this Court seeking for grant of regular bail in Crime No.186/2025 of respondent/Police for the offence under Sections 115(2), 118(1), 103(1), 54 and 352 r/w. Section 3(5) of Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that, a complaint came to be registered on 31.05.2025 stating that when the complainant was on his way to his house, he had witnessed that, some students were playing game (Thilli Ata) near Huli Ajja Temple, around about 6:30 PM, the complainant heard the hue and cry. Immediately, he went near the Temple and saw that his son was being beaten by Venkatesh @ Basu 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:18122 CRL.P No. 104713 of 2025 Panted and his brother Raghu Panted. It is further stated that, Venkatesh @ Basu stated to have assaulted his son Venkatesh with knife on his neck. Immediately, the complainant went to the place and put the injured on his lap and shifted him to Saundatti Government Hospital. However, the Doctor has declared him as dead. Thereafter, he lodges a complaint against the petitioners. 3. On the basis of the complaint, the respondent/Police have registered the case and started investigation. After completion of the investigation, submitted the charge-sheet. 4. Heard Sri.Ramesh S. Gudadagi, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 5. It is the submission of the learned counsel for the petitioners that, the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. The complainant is not eye-witness to the alleged incident. - 4 - HC-KAR NC: 2025:KHC-D:18122 CRL.P No. 104713 of 2025 However, the charge-sheet indicates that, the complainant is the eye-witness to the incident. In fact, the complainant initially lodges a complaint against three persons. Subsequently, he made in his further statement before the Police. In the said statement he did not disclose the presence of accused No.3. Hence, accused No.3 was dropped in the charge-sheet. Such being the position, it is not appropriate to rely on the statement of the complainant that, the petitioners have committed the murder of the deceased. Hence, the petitioners may be enlarged on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that the petitioners while playing the game with the son of the complainant, assaulted and stabbed with knife. Consequently, the deceased died. There is a statement of eye-witness that, the petitioners had killed the deceased. Therefore, it is not appropriate to grant the bail. Making - 5 - HC-KAR NC: 2025:KHC-D:18122 CRL.P No. 104713 of 2025 such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears from the record that, petitioners and deceased were playing game. In the said game, there was a mischief stated to be made by the parties. It is further stated that, they were quarrelling with each other, in the said scuffle, the deceased was killed. 8. Be that as it may, complainant in his further statement has denied the overt-act of the accused No.3, in my considered opinion, it is appropriate to consider the petition. It is needless to state the merits of the case. Hence, the petitioners may be enlarged on bail by imposing suitable conditions. 9. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:18122 CRL.P No. 104713 of 2025 ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.186/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioners shall appear before the Trial Court on all hearing dates without fail. (c) The petitioners shall not involve in any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:18122 CRL.P No. 104713 of 2025 In case, if the petitioners violates any of the bail conditions as stated above, 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.: 8