- 1 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 105006 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAJU S/O BASAPPA ALIAS BASAVANNEPPA BUDDANNANAVAR AGE: 55 YEARS, OCC: AGRICULTURE, R/O: BILLAHALLI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI, PIN CODE – 581 208. …PETITIONER (BY SRI. VEERABHADRAPPA M BANAKAR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HALAGERI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD – 580 011. …RESPONDENT (BY SRI. PRAVEENA Y DEVAREDDIYAVARA , HCGP) --- THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED 1 ON REGULAR BAIL IN CONNECTION WITH HALAGERI PS CRIME NO. 100/2024, PENDING IN SC NO 7/2025 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR REGISTERED FOR THE OFFENCES PUNISHABLE U/S 302, 324, 307, 504, 506, R/W 34 OF IPC AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arraigned as accused No.1 in Crime No.100/2024 filed by the respondent police for the offences punishable under Sections 302, 324, 307, 504, 506 r/w 34 of IPC in S.C No.7/2025 pending on the file of II Additional District and Sessions Judge, Haveri, Sitting at Ranebennur. 2. The present petitioner had filed a petition in Crl.P No.102229/2024. The said petition was dismissed as withdrawn with a liberty to file fresh petition. Factual matrix of the case: 3. The case of the prosecution is that a complaint came to be registered by Siddanna Gowda S/o Shivanna Gowda, stating that the petitioner had married the daughter of the cousin brother of the complainant and it was a love marriage. The petitioner and the family of the complainant were quarreling frequently. On 25.04.2024, around 5.30 p.m., accused Nos.1 to 4, with the intention to commit murder of the cousin brother of the - 4 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 complainant, assembled in front of the house of the cousin brother. The petitioner and others were scolding him by using filthy language. When the sister-in-law of the complainant came out of the house to ask as to why they were scolding them, accused No.1 had assaulted on the face and head of the brother of the complainant with a club, accused No.2 had assaulted the brother of the complainant with an iron rod and accused No.3 had assaulted the deceased on his head with a cart peg. Further, it is stated that accused No.4, who is the daughter of the deceased, flushed chilli powder on the face of her mother. Immediately, they shifted the injured to the hospital at Ranebennur. The Doctor advised them to shift to a different hospital. Thereafter, the injured was shifted to SSI hospital, Davanagere. After that, the deceased was shifted to Yenepoya Medical College Hospital at Mangaluru for better treatment. Again, the deceased was shifted to Mcgann Hospital at Shivamogga. The deceased died in Shimogga hospital on 12.05.2024. Hence, the complaint. - 5 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 4. Heard Sri.Veerabhadrappa M.Banakar, learned counsel for the petitioner and Sri.Praveena Y.Devareddiyavara, learned High Court Government Pleader for the respondent - State. 5. It is the submission of learned counsel for the petitioner that the petitioner is arraigned as accused No.1 and similarly placed other accused have been enlarged on bail by imposing suitable conditions. The petitioner is also standing on the same footing. Therefore, the petitioner may be enlarged on bail on parity. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for the respondent – State vehemently submitted that the petitioner had the intention to commit the murder of the deceased. In fact, the petitioner married accused No.4, who is the daughter of the deceased. There was a rift between the two families. The intention to commit the murder has been clearly established by filing the charge sheet. Since the petitioner has committed a heinous offence, it is not appropriate to grant him bail. Making - 6 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 such submissions, learned High Court Government Pleader for the respondent – State prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it would indicate that the petitioner being accused No.1, had assaulted the deceased on the head and face with a cart peg. Though, it is stated that the deceased had sustained grievous injuries, the fact remains that, the alleged incident had taken place on 25.04.2024. The deceased died on 12.05.2024. Thus, there was a long gap between the incident and the death of the deceased. As per the version of the learned counsel for the petitioner, if the deceased had been given better treatment, he would have survived. The said version has to be accepted for the reason that the complainant and his family members have shifted the injured from one hospital to another hospital, almost they have changed four hospitals till his death. 8. Having considered the facts and circumstances of the case, without adverting to the merits of the case, it is appropriate to grant bail to the petitioner. - 7 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in No.100/2024 of respondent police for the offences stated supra in S.C No.7/2025 pending on the file of II Additional District and Sessions Judge, Haveri, Sitting at Ranebennur, 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. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2025:KHC-D:18622 CRL.P No. 105006 of 2025 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/UN List No.: 1 Sl No.: 56