- 1 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102319 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. VASANT S/O. HANUMANTAPPA HIREBIDARI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. MALANAYAKANAHALLI, TQ. RANEBENNUR, DIST. HAVERI-581110. 2. SHRI HOLEBASAPPA S/O. HANUMANTHAPPA HIREBIDARI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. MALANAYAKANAHALLI, TQ. RANEBENNUR, DIST. HAVERI-581110. 3. SHRI MADHU W/O. SURESHAPPA HITTALAMANI, AGE: 27 YEARS, OCC: GOUNDI, R/O. MALANAYAKANAHALLI, TQ. RANEBENNUR, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 DIST. HAVERI-581110. …PETITIONERS (BY SHRI SHRIKANT T. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HALAGERI POLICE STATION, (KUMARAPATNAM CIRCLE), REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD, PIN CODE-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THIS CRIMINAL PETITION FILED UNDER SECTION 483 OF BNSS, 2023 BY GRANTING THE REGULAR BAIL TO THE PETITIONERS HEREIN WHO ARE ARRAYED AS ACCUSED NOS.1 TO 3 IN HALAGERI P.S. CRIME NO.01/2025 NOW SESSION CASE NO.29/2025 WHICH IS PENDING ON THE FILE OF IIND ADDL. DISTRICT AND SESSIONS JUDGE, AT HAVERI, SITTING AT RANEBENNUR, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 103, 352, 351(2) R/W. SECTION 3(5) OF BNS, 2023, BY IMPOSING BY CONDITIONS, AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.Shrikant T. Patil, learned counsel for the petitioners and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 2. Petitioners/accused Nos.1 to 3 have filed this petition under Section 483 of the Bharatiya Nagarik Surksha Sanhit, 2023 (for short, ‘the BNSS’) seeking to enlarge them on bail in connection with Crime No.01/2025 on the file of the Halageri Police Station. 3. The brief facts of the prosecution case are as under: A complaint came to be lodged by Lalitha W/o. Karabasappa Chatnalli, which was registered by Halageri Police in Crime No.1/2025 for the offences punishable under Sections 115(2), 103, 352, 351(2) and 3(5) Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). 4. Gist of the complaint averments would reveal that on 01.01.2025 at about 5:00 pm, all the accused persons including the present petitioners picked up a - 4 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 quarrel with the husband of C.W.1 in respect of the land dispute. When the matter stood thus, on 02.01.2025 at about 7:30 pm, when the husband of the complainant tried to enquire with the accused persons, as to why they were obstructing the enjoyment of the land. At that time, all the accused persons including the present petitioner picked up a quarrel with the husband of the complainant. Accused Nos.1 and 2 initially they assaulted with hands and later on, accused Nos.3 and 4 also joined accused Nos.1 and 2 and assaulted the husband of the complainant with their hands. Accused No.4 also assaulted CW.1 with hands and pulled her hairs. Accused Nos.1 and 2 assaulted the deceased on his chest and pushed him. Thus, deceased fell on a concrete road. He suffered a serious head injury, resulting in death of husband of complainant. Hence, de facto complainant lodged a complaint. This led registration of the FIR and investigation. - 5 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 5. During the course of the investigation, these petitioners were arrested by respondent-Police and remanded to judicial custody. 6. Sri Shrikant T. Patil, learned counsel for petitioners, reiterating the grounds urged in the petition vehemently contended that taking note of the fact that individual overt act has been spelt out by the complainant himself in the complaint, the request of the petitioners needs to be granted. 7. Learned counsel for the petitioners further contended that there was no intention on the part of the petitioners/accused Nos.1 to 3 to commit murder of deceased. The petitioners have been falsely implicated in this case. The petitioners are agriculturists by profession. They are ready and willing to abide by any conditions that may be imposed by this Court and prayed to allow the petition. - 6 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 8. Learned HCGP for respondent-State contended that the petitioners are involved in the heinous offences and there is a prima facie material against these petitioners for the offence punishable under Section 103 of the BNSS. If they are released on bail, they may tamper with the prosecution witnesses and hamper the trial. Hence, he prayed for rejection of the petition. 9. Perused the materials available on record, it shows that there was a land dispute between family of accused persons and the deceased. When the deceased tried to enquire as to why they are obstructing the enjoyment of the land, all the accused persons picked up quarrel with the deceased. Initially accused Nos.1 and 2 assaulted with hands and later, accused Nos.3 and 4 also joined accused Nos.1 and 2 assaulted the deceased with their hands and later accused Nos.1 and 2 assaulted deceased on his chest and forcibly pushed him. Thus, he fell on the concrete road. Hence, he sustained head injury and succumbed to the head injury on the same day. - 7 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 10. Later on, other accused persons assaulted the husband of the complainant on his chest and forcibly pushed him, whereby husband of the complainant fell on the concrete road and there was a serious head injury resulting in death of husband of the complainant. 11. Taking note of the fact that individual overt act has been attributed to accused No.4-Smt.Pushpa, the Co- ordinate Bench of this Court has granted bail in favour of accused No.4 in Crl.P.No.101351/2025, who also assaulted the deceased with his hands and pulled his nail. Hence, the allegation made against accused No.4 also stands on the same footing as those made against accused No.3. Therefore, petitioner/accused No.3 is entitled for bail on the ground of parity. 12. Insofar as allegations made against accused Nos.1 and 2 are concerned, it is alleged that they assaulted the deceased with their hands and legs on the deceased and forcibly pushed him, whereby the husband - 8 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 of the complainant fell on the concrete road and therefore, he sustained serious head injury. 13. On perusal of the charge sheet material and more particularly the statements of CWs.6, 7, 8, in their statements, they have clearly stated the role played by accused Nos.1 and 2. They have clearly stated that accused Nos.1 and 2 with an intention to commit murder, assaulted on the chest and forcibly pushed him and hence, he fell down on the concrete road and sustained the head injury. Hence, there is prima facie material against accused Nos.1 and 2 showing their involvement in the offence punishable under Section 103 of the BNSS. Accordingly, I proceed to pass the following: ORDER i. The criminal petition is partly allowed. ii. The bail petition filed by petitioners/accused Nos.1 and 2 is hereby rejected. Insofar as accused No.3 is concerned his bail petition is allowed. - 9 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 iii. The petitioner/accused No.3 is directed to join the investigation by appearing before the investigating officer on 31.07.2025 at 10.00 a.m. iv. The Investigating Officer is at liberty to take the petitioner/accused No.3 to custody and complete the investigation on the same day before 5.00 p.m. and thereafter enlarge her on bail, by taking a bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. v. The petitioner/accused No.3 shall co-operate with the Investigating Agency in all respects. vi. He shall mark her attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till the final report is filed. vii. He shall not tamper with the prosecution witnesses in any manner. viii. He shall attend the Court regularly. ix. He shall not leave the jurisdiction of Haveri District without prior permission. - 10 - HC-KAR NC: 2025:KHC-D:8819 CRL.P No. 102319 of 2025 Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Note: The observations made in this petition are only for the purpose of disposal of this petition. It is made clear that accused Nos.1 and 2 is at liberty to prefer similar bail petition soon after the examination of material witnesses more particularly, CW.1, 6 and 7. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 31