Parasaqppa S/O. Basapppa Somannavar Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, SEEKING TO ENLARGE THE PETITIONERS ON BAIL IN BYADGI POLICE STATION CRIME NO.49 OF 2025 FOR THE ALLEGED OFFENCES UNDER SECTIONS 103, 109, 115(2), 118(2), 351(2) AND 352 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, ON THE FILE OF CIVIL JUDGE AND J.M.F.C. COURT, BYADGI.

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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL ORDER

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This petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in connection with Crime No.49 of 2025 of Byadgi Police Station, Haveri, registered for the offences punishable under Sections 103, 109, 115(2), 118(2), 351(2) and 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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The brief facts of the prosecution case are that, there was monetary transaction between accused No.1 and son of the deceased, i.e. CW8. In this regard, accused Nos.1 and 2 demanded money from the deceased. As the deceased refused to pay, on 4-3-2025 at

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3 - NC: 2025:KHC-D:8068 CRL.P No. 101825 of 2025

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HC-KAR

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11.30 a.m., accused Nos.1 and 2 took quarrel with the deceased, assaulted him with their hands and legs and caused injuries. Hence, he was shifted to Byadgi General Hospital and thereafter, he was shifted to Haveri District Hospital and again on 8-3-2025, he was shifted to KIMS Hospital, Hubballi, for further treatment. However, on 9-3-2025 at 12:20 p.m., he succumbed to injuries. Hence, the first informant lodged a complaint, which led to registration of First Information Report and investigation. During the course of investigation, the Police have arrested the petitioners and in turn, remanded them to judicial custody.

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Heard Sri A.M. Gundawade, learned counsel for the petitioners, and Smt. Kirtilata Patil, learned High Court Government Pleader for the respondent-State.

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Learned counsel for the petitioners has contended that the petitioners are innocent of the alleged offences and they have been falsely implicated in the case. Though the incident occurred on 4-3-2025, the complaint was

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HC-KAR

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lodged on 9-3-2025. Soon after the incident, the injured, or his family members have not lodged the complaint and the Police have not recorded the statement of the injured.

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CWs.9 to 15 are planted eyewitnesses. Now, the investigation has been completed and charge-sheet has been filed. The petitioners are ready to abide by any of the conditions to be imposed by this Court. Hence, he prayed to allow this petition.

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Per contra , the learned High Court Government

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Pleader has contended that the petitioners are involved in the offence under Section 302 of the Indian Penal Code, 1860, and there is prima-facie material against them. The prosecution case is based on eyewitnesses, i.e. CWs.9 to 15. If the petitioners are released on bail, they may tamper with the prosecution witnesses and hamper trial. Thus, he prayed for rejection of the petition.

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Perused the material available on record. Charge-

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sheet material clearly reveals that on 4-3-2025, the alleged incident occurred on the way to the house near

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HC-KAR

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Bus Stand of Angaragatti Village, Byadgi, and accused Nos.1 and 2 took quarrel with the deceased and assaulted the deceased with hands and legs.

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As per Post-Mortem report, contusion measuring 5 cm x 4 cm present over outer aspect and back of elbow joint on right side. On dissection, blood extravasation extends into muscle deep, right elbow joint is dislocated and left thigh bone (femur) is fractured and displaced at its upper one third. Further, as per more detailed description of injury or disease, it shows that all injuries are ante mortem in nature. As per the opinion of the Doctor, the death is due to pulmonary thrombo-embolism as a consequence of injury sustained.

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Learned counsel for the petitioners has contended that incident occurred on 4-3-2025. However, no complaint has been lodged either by the injured, or his family members till the death of the injured. Though the matter was reported to the jurisdictional Police, by way of M.L.C. intimation, they have not registered the case and

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6 - NC: 2025:KHC-D:8068 CRL.P No. 101825 of 2025

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HC-KAR

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only after the death of the injured, the case has been registered.

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As per the case of the prosecution, there are six eyewitnesses to the incident, but these eyewitnesses have not taken action against the petitioners in lodging the complaint against the petitioners. Now, investigation is completed and charge-sheet is filed. Having regard to the facts and circumstances of the case, nature of allegations made against the petitioners and the gravity of offence, in the interest of justice, the petitioners are entitled for bail by imposing certain conditions. Accordingly, the following:

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O R D E R

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Criminal petition is allowed .

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The petitioners are ordered to be released on bail in Crime No.49 of 2025 registered by the respondent-Byadgi Police Station, Haveri, registered for the offences punishable under Sections 103, 109, 115(2), 118(2), 351(2) and 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

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7 - NC: 2025:KHC-D:8068 CRL.P No. 101825 of 2025

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HC-KAR

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i. The petitioners shall execute a personal bond in a sum of Rs.2,00,000/- each (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the trial Court;

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ii. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iii. The petitioners shall appear before the trial Court on all dates of hearing; and

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iv. The petitioners shall not indulge in any similar offences.

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It is made clear that the above observations made herein are only for disposal of the present petition and the trial Court shall decide the matter without being influenced by any observations made herein.

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Sd/(VENKATESH NAIK T) JUDGE

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KVK List No.: 1 Sl No.: 21

Parasaqppa S/O. Basapppa Somannavar v. State of Karnataka

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Parasaqppa S/O. Basapppa Somannavar v. State of Karnataka

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