- 1 - NC: 2025:KHC-K:2283 CRL.P No. 200441 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200441 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHIVARAJ S/O MANOHAR BANSODE, AGE: 25 YEARS, OCC: TIPPER DRIVER, R/O ARJANAL VILLAGE, TQ. INDI, DIST. VIJAYAPUR-586209. …PETITIONER (BY SRI SANTOSHKUMAR B. BIRADAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BASAVAKALYAN RURAL POLICE, DIST. BIDAR-585227, REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC 483 OF THE BNSS, 2023 PRAYING TO, ALLOW THIS PETITION Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2283 CRL.P No. 200441 of 2025 AND RELEASE THE PETITIONER/ACCUSED ON BAIL, IN CRIME NO.133/2024 REGISTERED BY THE BASAVAKALYAN RURAL POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 352 OF BNS, 2023 AND IN C.C. NO.1073/2024 ON THE FILE THE SENIOR CIVIL JUDGE AND JMFC COURT, BASAVAKALYAN. 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 under Section 439 of Cr.P.C. seeking to release him on regular bail in Crime No.133/2024, registered by the Basavakalyan Rural Police Station, for the offences punishable under Sections 103(1) and 352 of BNS, 2023 and in C.C.No.1073/2024, pending on the file of the Senior Civil Judge and JMFC, Basavakalyan. 2. Factual matrix of the case are as under: - 3 - NC: 2025:KHC-K:2283 CRL.P No. 200441 of 2025 It is the case of the prosecution that the father of the deceased lodged a complaint stating that on 08.09.2024 at about 10-00 p.m., he called his son and asked him to come for dinner. He replied that he would come for dinner later. However, at about 10-45 p.m., he received a message stating that his son was assaulted by the petitioner, as a result of which, he died. Immediately, he went to the spot and saw that his son Srinivas had sustained injuries and died. Hence, he lodged a complaint against the petitioner herein. 3. The respondent/police have registered a case in Crime No.133/2024, for the offences punishable under Sections 103(1), 281, 352, of BNS, 2023. Thereafter, the Investigating Officer after conducting the investigation submitted the charge sheet for the offences punishable under Sections 103(1) and 352 of BNS, 2023. 4. It is the submission of the leaned counsel for the petitioner that the petitioner has committed the act in a sudden provocation without any premeditations. - 4 - NC: 2025:KHC-K:2283 CRL.P No. 200441 of 2025 Moreover, he had no intention to commit the murder of the deceased. The petitioner is the sole earning member of the family and having old age parents. He was working as a Tipper driver and is a resident of Arjanal village and he will abide the conditions that may be imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader submitted that the weapon of which the petitioner had used to commit murder, would indicate that he had intention to commit murder. Therefore, the jurisdictional police have rightly conducted investigation. Since, the offences are heinous in nature, he is not entitled for bail. Making such submissions, he prays to dismiss the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, without adverting to the merits of the case, it can be inferred that prima facie for the purpose of granting bail, due to sudden provocation, the incident had - 5 - NC: 2025:KHC-K:2283 CRL.P No. 200441 of 2025 occurred. Therefore, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 7. Hence, I proceed to pass the following order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is enlarged on bail in Crime No.133/2024, registered by the Basavakalyan Rural Police Station, for the offences punishable under Sections 103(1) and 352 of BNS, 2023 and in C.C.No.1073/2024, pending on the file of the Senior Civil Judge and JMFC, Basavakalyan, by executing personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or tamper the prosecution witnesses. - 6 - NC: 2025:KHC-K:2283 CRL.P No. 200441 of 2025 b. The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 26 CT:PK