- 1 - NC: 2025:KHC-K:2230 CRL.A No. 200077 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 APPEAL NO. 200077 OF 2025 (U/S 14 (A)(2)) BETWEEN: SRI MADHUSUDHAN REDDY S/O BASAVAREDDY @ BASAREDDY SERIKAR, AGE:36 YEARS, OCC: AGRICULTURE, R/O. SALEBIRANAHALLI VILLAGE, TQ. CHINCHOLI, DIST. KALABURAGI …APPELLANT (BY SRI GANESH NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH CHINCHOLI POLICE STATION, DIST. KALABURAGI, IT’S REPRESENTED BY, ADDL. SPP HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH DIST. KALABURAGI-585103. 2. SMT. RADHIKA W/O RAVI BHOVI, AGE:23 YEARS, OCC: LABOURER, R/O. SALEBIRANAHALLI VILLAGE, TQ. CHINCHOLI, DIST. KALABURAGI-460330. …RESPONDENTS (BY SRI GOPALKRISHNA B.YADAV, HCGP FOR R1 R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2230 CRL.A No. 200077 of 2025 THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE IMPUGNED BAIL REJECTION ORDER DATED 25-02-2025 PASSED BY THE II-ADDL. DISTRICT AND SESSIONS JUDGE, AT KALABURAGI, IN CRL.MISC NO.231/2025, BY ALLOWING THIS APPEAL AND CONSEQUENTLY THEREBY ENLARGE THE APPELLANT ON BAIL IN CRIME NO.23/2025 (PENDING ON THE FILE OF THE II- ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI) REGISTERED BY THE CHINCHOLI POLICE STATION, FOR OFFENCES PUNISHABLE U/SEC. 103, 352 OF BNSS AND SEC. 3(1)(r) AND 3(2)(v) OF SC/ST (PA) AMENDMENT ACT -2015. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S RACHAIAH) This appeal is filed by the appellant/accused seeking to set aside the order dated 25.02.2025 passed in Criminal Miscellaneous No.231/2025 by II-Additional District and Sessions Judge, Kalaburagi, and to enlarge the appellant on regular bail in Crime No.23/2025 registered by Chincholi Police Station, for the offences punishable under Sections 103, 352 of BNS and Sections 3(1)(r) and 3(2)(v) of the SC/ST (POA) Act. Brief facts of the case are: - 3 - NC: 2025:KHC-K:2230 CRL.A No. 200077 of 2025 2. The complaint came to be lodged by the wife of the deceased-Ravi Bovi stating that on 09.02.2025 in the morning, all her family members had been to coolie work. The deceased-Ravi had also gone to the coolie work. On the same day, in the evening at about 5.30 p.m., when she was returning home, she found her husband was lying on the ground with injuries. When she enquired with her relative, namely, Venkat about the incident and the injury found on her husband, she was informed that the deceased wanted to unload the paving stones and requested the driver of the lorry to give the work. When the driver has refused to give him work, he stated to have pulled the bamboo which was placed in the said lorry. Consequently, one of the paving stones fell down on the ground and broke. 3. Immediately, the said fact was informed to the petitioner. The petitioner after seeing the broken stone, assaulted the deceased and also kicked him. Consequently, the deceased fell down on the ground and - 4 - NC: 2025:KHC-K:2230 CRL.A No. 200077 of 2025 sustained injuries. Thereafter, the complainant and her family members took the deceased to the house and on the following day at about 4.00 a.m., the deceased-Ravi Bhovi died. 4. Based on the complaint, the jurisdictional police have registered a case in Crime No.23/2025 for the offences stated supra. The investigation is still under progress. 5. Heard learned counsel Sri.Ganesh Naik, for the appellant and Sri Gopalkrishna B.Yadav, learned High Court Government Pleader for respondent No.1. Respondent No.2 is served and unrepresented. 6. It is the submission of the learned counsel for the appellant that the appellant had no intention either to cause injury or to commit murder of the deceased. Due to provocation, after seeing the broken stone, he assaulted the deceased. - 5 - NC: 2025:KHC-K:2230 CRL.A No. 200077 of 2025 7. It is further submitted that the appellant is the permanent resident of Salebiranahalli village, Chincholi Taluk and he is the only earning member in the family. The appellant is also ready to abide by any conditions that may be imposed by this Court. Making such submissions, he prays to allow the appeal. 8. Per contra, learned High Court Government Pleader has vehemently submitted that the manner in which the appellant assaulted the deceased would indicate that he had intention to commit murder of the deceased. Therefore, he is not entitled for bail. Moreover, investigation is under progress and the petitioner is required for investigation. 9. Having heard the learned counsel for respective parties and also perused the averments of the complaint, it appears from the record that on 09.02.2025 around 5.00 p.m., the appellant is said to have assaulted on the head of the deceased-Ravi due to which, he died. Prima facie, it appears from the records that the incident had - 6 - NC: 2025:KHC-K:2230 CRL.A No. 200077 of 2025 occurred due to sudden provocation without any intention. Hence, I am of the considered opinion that the appellant has made out a case to grant bail. 10. Accordingly, I proceed to pass the following: ORDER The appeal is allowed. The impugned order dated 25.02.2025 passed in Crl.Misc.No.231/2025 by II-Additional District and Sessions Judge, Kalaburagi, is set aside. The appellant is ordered to be enlarged on bail in Crime No.23/2025 registered by Chincholi Police Station, for the offences punishable under Sections 103, 352 of BNS and Sections 3(1)(r) and 3(2)(v) of the SC/ST (POA) Act, subject to the following conditions: a) The appellant shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. - 7 - NC: 2025:KHC-K:2230 CRL.A No. 200077 of 2025 b) The appellant shall not threaten or tamper the prosecution witnesses. c) The appellant shall not hamper the Court proceedings. d) The appellant shall co-operate with investigation and he shall appear before the Investigating Officer as and when required. e) The appellant shall appear before the Trial Court after filing of the charge sheet on all the hearing dates without fail. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 13 CT:PK