- 1 - NC: 2025:KHC-K:1398 CRL.P No. 200418 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE K NATARAJAN CRIMINAL PETITION NO.200418 OF 2025 BETWEEN: SRI. MUTTANNA RAVAJAPPA MADARI S/O RAVAJAPPA MADARI, AGED ABOUT 44 YEARS, R/AT NO.MAHANTESH NAGAR, MUDDEBIHAL, BIJAPUR DISTRICT-586212. …PETITIONER (BY SRI SANMUKH REDDY, ADVOCATE) AND: STATE OF KARNATAKA BY MUDDEBIHAL P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA KALABURAGI – 585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO ALLOW THIS CRIMINAL PETITION AND TO PASS AN ORDER DIRECTING THE PETITIONER (ACCUSED NO.1) TO BE ENLARGED ON BAIL IN C.C.NO.2643/2024 WHICH IS PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AT MUDDEBIHAL FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1398 CRL.P No. 200418 of 2025 302, 504, 506, 120B READ WITH SECTION 149 OF IPC REGISTERED BY THE MUDDEBIHAL PS. CRIME NO.117/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN ORAL ORDER Learned High Court Government Pleader takes notice for respondent – Sate. 2. This petition is filed by the petitioner under Section 483 of BNSS for granting bail to the petitioner/ accused No.1 in Crime No.117/2024 for the offences punishable under Sections 143, 147, 148, 341, 326, 307, 504, 506 read with Section 149 of IPC by Muddebihal Police Station and charge sheeted for the offence punishable under Sections 143, 147, 148, 341, 302, 504, 506, 120(B) read with Section 149 of IPC for the death of the injured. - 3 - NC: 2025:KHC-K:1398 CRL.P No. 200418 of 2025 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. The case of the prosecution is that on 26.05.2024 one Ramangouda Biradar father of the deceased filed a complaint to the police that he received information through one Beeresh Pattar that his son Rahul was admitted in Biradar hospital in Muddebihal due to burn injuries which was said to be caused by the present petitioner and other accused persons. Immediately, he went to the hospital and heard that accused No.3 brother of accused No.1 asked the deceased to come to the house of the accused to discuss about the love affair of the deceased and accused No.5 – Aishwarya, who is the younger daughter of accused No.3. When the deceased went to the house of accused No.3, there was quarrel between them. At that time, accused persons assaulted the deceased with iron rod and poured petrol and lit fire. During the investigation, the deceased died. Hence, the - 4 - NC: 2025:KHC-K:1398 CRL.P No. 200418 of 2025 offence under Section 302 has been made out against the accused and charge sheet came to be filed. 5. Previously these accused persons approached the Trial Court as well as this Court for anticipatory bail which came to be rejected and now the petitioner is said to have surrendered before the police and he is in custody. 6. Learned counsel for the petitioner contends that this Court has granted bail to accused Nos.3 and 4 in Criminal Petition No.201493/2024, to accused No.5 in Criminal Petition No.200878/2024 and to accused No.6 in Criminal Petition No.201136/2024. Most of the accused persons are already granted bail except the present petitioner. The petitioner is said to have surrendered voluntarily as per the order sheet produced before the Court. Learned counsel for the petitioner has also produced photographs which reveals that the petitioner has also sustained serious burn injuries in the incident and is admitted in the hospital as per the medical records he requires urgent medical treatment. - 5 - NC: 2025:KHC-K:1398 CRL.P No. 200418 of 2025 7. Per contra, learned High Court Government Pleader objected the bail petition contending that the accused committed the murder of the deceased with regard to love affair and he should not be granted bail. 8. The police has investigated the matter long back and charge sheet has been filed. There is nothing remains for investigation by the police. Death was due to septicemia as a result of burn injuries sustained by the deceased. Looking to the photographs produced by the learned counsel for the petitioner, the petitioner has also sustained serious burn injuries. Injuries sustained by the petitioner and even by other accused persons are not notified by the prosecution in the charge sheet. When all the accused persons are granted bail, keeping this petitioner in judicial custody will not serve any purpose except for trial. The petitioner is said to be aged person and therefore, required medical treatment. Keeping the petitioner in jail will cause further complication in his health condition. Therefore, to enable the petitioner to - 6 - NC: 2025:KHC-K:1398 CRL.P No. 200418 of 2025 take further treatment in any private hospital, this Court deems it fit to grant bail to the petitioner/accused No.1 as well. Accordingly, I pass the following: ORDER The petition is allowed. The Trial Court is directed to release the petitioner – accused No.1 on bail, in Crime No.117/2024 of Muddebihal Police Station, for the offences punishable under Sections 143, 147, 148, 341, 302, 504, 506, 120(B) read with Section 149 of IPC, pending on the file of the Civil Judge and JMFC, Muddebihal, subject to the following conditions:- (i) Petitioner shall execute personal bond for a sum of Rs.5,00,000/- [Rupees Five Lakh only] with two sureties for the likesum to the satisfaction of the Trial Court; - 7 - NC: 2025:KHC-K:1398 CRL.P No. 200418 of 2025 (ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; (iii) Petitioner shall not leave the jurisdiction of the Court without prior permission of the Trial Court except for any further treatment in any super specialty hospital; (iv) Petitioner shall not indulge in similar offence strictly. If any of the bail conditions is violated, the prosecution is at liberty to file an application for cancellation of bail. Sd/- (K NATARAJAN) JUDGE SWK List No.: 2 Sl No.: 2 CT:SI