- 1 - NC: 2025:KHC-K:2254 CRL.P No. 200308 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200308 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: BASAVARAJ S/O KALLAPPA BALOOTI, AGE:29 YEARS, OCC: DRIVER, R/O. KOLHAR, DIST. VIJAYAPURA-586119. …PETITIONER (BY SRI GANESH NAIK, ADVOCATE) AND: 1. THE STATE THROUGH THE PSI, KOLHAR POLICE STATION, DIST. VIJAYAPURA, REPRESENTED BY, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 103. 2. MARUTI S/O ANANDAPPA KAMBAR, AGE:44 YEARS, OCC: AGRICULTURE, R/O. KOLHAR, DIST. VIJAYAPURA-586119 …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/SEC 482 OF BNSS, PRAYING TO, PLEASED TO ALLOW THE PETITION THERE BY DIRECTING THE RESPONDENT PSI KOLHAR POLICE STATION, VIJAYAPURA TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2254 CRL.P No. 200308 of 2025 ARREST IN CRIME NO.03/2025 REGISTERED FOR THE OFFENCE UNDER SECTION 103, 115(2), 118, 118(2), 189(2), 191(2), 191(3), 351(2), 352 R/W 190 OF BNS, 2023 ON THE FILE PENDING BEFORE THE HON’BLE COURT OF THE II ADDL. DISTRICT AND SESSIONS JUDGE VIJAYAPURA. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused No.6 seeking anticipatory bail in Crime No.03/2025, registered by Kolhar police station, Vijayapur, for the offence punishable under Sections 103, 115(2), 118, 118(2), 189(2), 191(2), 191(3), 351(2), 352 read with Section 190 of BNS, 2023. 2. It is the case of the prosecution that the complainant is none other than the uncle of the deceased – Raghavendra. It is further stated that the brother of the complainant had died 8 years ago and his sister-in-law was working as a Teacher at Kolhar. The deceased was working as a driver by profession. The deceased was loving the daughter of accused No.5. The family members - 3 - NC: 2025:KHC-K:2254 CRL.P No. 200308 of 2025 of accused No.5 have learnt that the deceased was loving the daughter of accused No.5. On 07.01.2025 around 3.00 p.m., the complainant learnt that his brother’s son was being assaulted by the accused persons. Immediately, he along with others rushed to the spot and saw that his brother’s son was being assaulted by the accused persons. The matter was pacified and the injured was shifted to the hospital. However, he died due to the said injuries. Hence, he lodged a complaint before the respondent – police. The respondent – police after registering the case, submitted the charge sheet. 3. Heard the learned counsel for the petitioner Sri Ganesh Naik and learned High Court Government Pleader Sri Jamadar Shahabuddin for the respondent No.1 – State. The respondent No.2 served and unrepresented. 4. It is the submission of learned counsel for the petitioner that the petitioner is arrayed as accused No.6. There is no specific overt-act against the petitioner that he assaulted the deceased and as a result of which, the - 4 - NC: 2025:KHC-K:2254 CRL.P No. 200308 of 2025 deceased died. However, there are omnibus allegations made against the accused including the petitioner. The petitioner has been falsely implicated in this case, the name of the petitioner is neither mentioned in the complaint nor in the FIR. However, during the course of investigation, his name has been included in the charge sheet on the strength of the statement made by the co- accused. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent No.1 vehemently opposed the said submissions and he further submitted that the petitioner and others had common intention to commit the murder of the deceased, restrained him and started assaulting him with sticks and hands. As a result of which, the deceased died in the hospital. 6. It is further submitted that there are specific allegations against the petitioner and also the police have - 5 - NC: 2025:KHC-K:2254 CRL.P No. 200308 of 2025 invoked the provision under Section 149 of IPC. Therefore, it is not appropriate to grant bail to the petitioner as he is involved in a heinous offence. Therefore, the petition filed by the petitioner has to be rejected. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and charge sheet, it appears from the records that the petitioner stated to be one of the participants of the alleged incident that had taken place on 07.01.2025. As per the averments of the complaint, the complainant and the accused persons were known to each other. However, the name of the petitioner was not found in the complaint. Having considered the facts and circumstances of the case, without adverting to the merit of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions, it would take care of the apprehension of the prosecution. - 6 - NC: 2025:KHC-K:2254 CRL.P No. 200308 of 2025 8. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The respondent - police are directed to release the petitioner/accused No.6 in the event of his arrest in Crime No.03/2025, registered by Kolhar police station, Vijayapur, for the offence punishable under Sections 103, 115(2), 118, 118(2), 189(2), 191(2), 191(3), 351(2), 352 read with Section 190 of BNS, 2023, on the file of II Additional District and Sessions Judge, Vijayapur, subject to the following conditions: a) The petitioner shall appear before the Trial Court within a period of one month from today to execute the bail bond and also furnish the surety. b) The petitioner shall cooperate with the investigation and he shall appear before - 7 - NC: 2025:KHC-K:2254 CRL.P No. 200308 of 2025 the Investigating Officer as and when it is required. c) The petitioner shall not threaten or tamper the prosecution witnesses. d) The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 16 CT:PK