- 1 - HC-KAR NC: 2025:KHC-D:14572 CRL.P No. 103798 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103798 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MANJAPPA S/O. BASAVANNEPPA BUDDANNANAVAR, AGE. 35 YEARS, OCC. AGRICULTURE, RESIDENT OF BILLAHALLI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI CODE-581208. …PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HALAGERI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, DHARWAD BENCH AT DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CONNECTION WITH HALAGERI PS CRIME NO.100/2024, PENDING IN SC NO.7/2025 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 324, 307, 504, 506, R/W 34 OF IPC, TO MEET THE ENDS OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14572 CRL.P No. 103798 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.2 is before this Court seeking for grant of regular bail in Crime No.100/2024 of Halageri Police Station for the offences under Sections 302, 324, 307, 504, 506 read with Section 34 of Indian Penal Code, 1860, pending in SC No.7/2025 before the II Additional District and Sessions Judge, Haveri1. Factual matrix of the case: 2. Case of the prosecution is that accused No.1 married accused No.4, who is the daughter of the deceased. There was a love marriage and his family members are not happy about the marriage. There was a rift between the family of the deceased and the family of accused No.1. 3. On 25.04.2024 at about 5.30 p.m., all the accused went near the house of the deceased and started abusing them in a filthy language. On hearing the said 1 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:14572 CRL.P No. 103798 of 2025 abuses, the deceased and his wife came out of the house and requested not to quarrel with them. At that time, the accused No.1 and others started assaulting the deceased brutally. As a result of which, he sustained injuries. He was shifted to the Government Hospital, Ranebennur. On 10.05.2024, he died. The respondent-police after conducting investigation, submitted the charge sheet. 4. Heard Sri. V. M. Banakar, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is arrayed as accused No.2. The overt acts against the petitioner are that he assaulted the deceased with iron rod on his head, right wrist etc. Though, there are similar allegations made against the accused No.1, the Investigating Officer has not yet secured the report regarding the cause of death, even after submitting the charge sheet. The assault made by the petitioner cannot be the reason for the death of the - 4 - HC-KAR NC: 2025:KHC-D:14572 CRL.P No. 103798 of 2025 deceased. In fact, the family members of the deceased got him discharged from the hospital. 6. It is further submitted that, the petitioner is innocent of the alleged offences and he is the permanent resident of Billalli village, Ranebennur Taluk and he is the earning member of the family. He is having deep root in the society, therefore, he may be on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 7. Per contra, High Court Government Pleader for respondent-State learned vehemently submitted that, both accused Nos.1 and 2 assaulted with iron rode on the vital part of the body of the deceased. Consequently, he died due to the said injuries. There are seven eyewitnesses to the incident. Their evidence is not yet completed. There is a threat to the life of the witnesses. Therefore, it is not appropriate grant bail to the petitioner/accused No.2. Making such submissions, he prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:14572 CRL.P No. 103798 of 2025 8. Having heard the learned counsel for the respective parties and perused the averments of the charge sheet, it appears from the record that, the petitioner has arrayed as accused No.2, who is the brother of accused No.1. There was a rift between two families as the accused No.1 married the daughter of the deceased and she is arrayed as accused No.4 and she was not allowed to join the family of the deceased. A quarrel had ensued between the families. In that, the deceased died due to assault made by the accused persons. 9. As per the submission made by the learned counsel for the petitioner, the incident had occurred on 25.04.2025 at about 5.30 p.m. The death might have occurred due to various reasons and that it cannot be conclusively established that the death occurred as a result of assault. 10. The said submission in my considerable view has to be accepted for the reason that, while shifted to various hospitals, the family members of the deceased got him - 6 - HC-KAR NC: 2025:KHC-D:14572 CRL.P No. 103798 of 2025 discharged from the hospital as against the advice of the doctor. 11. Having considered the facts and circumstances of the case and also considered that, the petitioner is earning member of the family, it is appropriate to grant him bail by imposing suitable conditions. 12. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.100/2024 of Halageri Police Station for the offences under Sections 302, 324, 307, 504, 506 read with Section 34 of Indian Penal Code, 1860, pending in SC No.7/2025 before the II Additional District and Sessions Judge, Haveri, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2025:KHC-D:14572 CRL.P No. 103798 of 2025 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioner shall appear before the Trial Court on all dates of hearing without fail. In case, if the petitioner 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 SMM/CT: UMD List No.: 1 Sl No.: 46