- 1 - NC: 2025:KHC-K:1416 CRL.P No. 200370 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200370 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. MAHESH S/O BASAVARAJ @ BASSAPPA, AGE:26 YEARS, OCC:HARVESTING MACHINE OPERATOR AND AGRICULTURE, R/O. 3RD MILE CAMP, TQ. SINDHANUR, DIST. RAICHUR-584101. 2. PARASHURAM S/O BASSAPPA@ BASAVARAJ, AGE:19 YEARS, OCC: HARVESTING MACHINE OPERATORAND AGRICULTURE, R/O. 3RD MILE CAMP, TQ. SINDHANUR, DIST. RAICHUR-584101. …PETITIONERS (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585102, (THROUGH SINDHANUR TOWN P.S, SINDHANUR TOWN PS-584101 …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1416 CRL.P No. 200370 of 2025 THIS CRL.P. IS FILED U/S 483 OF BNSS, 2023, PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER / ACCUSED NO. 1 AND 2 IN S.C.NO. 5005/2024 (CRIME NO. 141/2024 OF SINDHANUR PS) FOR THE OFFENCES PUNISHABLE U/SEC. 103(1), 115(2), 352, 3(5) OF BNS, 2023, PENDING ON THE FILE OF LEARNED III ADDL. SESSIONS JUDGE RAICHUR SITTING AT SINDHANOOR. 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 petitioners seeking to release them on bail in Crime No.141/2024 for the offences stated supra. 2. It is the case of the prosecution that on 07.09.2024 at about 8.30 p.m., the children were taking the Ganesha idol for the purpose of immersion. The said procession was proceeding in the main road with dancing and singing by the youths. When the said procession reached the house of accused No.2, he asked the children to dance in front of his house. However, the complainant told the children that they should proceed swiftly as it has - 3 - NC: 2025:KHC-K:1416 CRL.P No. 200370 of 2025 already delayed and proceeded further without hearing the request of the accused. Being insulted by the act of the complainant, the accused Nos.1 to 3 came to the house of the complainant and started abusing by using filthy language and also threatened him that they would eliminate him. In the mean time, the father of the complainant came and tried to pacify the matter and consoled accused Nos.1 to 3. By that time, all the accused assaulted the father of the complainant and caused injuries. Consequently, he died. Therefore, a complaint came to be registered against accused. The jurisdictional police after conducting investigation submitted charge sheet. 3. It is the submission of learned counsel for the petitioners that the petitioners were not having any intention to commit the murder of the deceased. When the petitioners were in intoxicating state of mind, stated to have pushed the deceased and consequently, he died. Even though the offence of murder has been registered - 4 - NC: 2025:KHC-K:1416 CRL.P No. 200370 of 2025 against the petitioners, as the intention was not there, the ingredient of Section 103 of BNS, 2023 would not be attracted. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. 4. It is further submitted that the petitioners are the permanent residents of Third Mile Camp and aged about 19 years and 26 years respectively. Both are the earning members of their family. They would abide by conditions imposed by this Court in the event of their release on bail. Making such submission, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the said bail petition by submitting that the offence is heinous in nature. The petitioners have committed the murder of father of the complainant. There are eyewitnesses to the incident. If the petitioners are enlarged on bail, there would be threat to the prosecution witnesses. Therefore, their application has to be rejected. - 5 - NC: 2025:KHC-K:1416 CRL.P No. 200370 of 2025 6. Having heard the learned counsel for the respective parties and perused the averments of the complaint and charge sheet, without adverting to the merits of the case, it can be gathered from the records that the incident had taken place when the accused were in intoxicating state of mind. On perusal of the postmortem report and opinion thereof would indicate that death was due to vasovagal shock. Therefore, I am of the considered opinion that the petitioners have made out a case for bail. 7. Hence I proceed to pass the following: ORDER The criminal petition is allowed. The petitioners are enlarged on bail by executing personal bonds for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioners shall not threaten the prosecution witnesses. - 6 - NC: 2025:KHC-K:1416 CRL.P No. 200370 of 2025 b. The petitioners shall not hamper the Court proceedings. c. The petitioners shall not leave the jurisdiction of the Court till its disposal. d. The petitioners shall not involve in any other criminal cases or such similar cases in future till disposal of the present case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 12 CT:PK