Shankar Basavaraj Madiwalara S/O Basavaraja Madiwalara Vs State of Karnataka

SHANKAR BASAVARAJA MADIWALARA S/O. BASAVARAJA MADIWALARA, OCC: LABOR, RESIDENT OF VEERAPUR ONI, NEAR KARIYAMMA TEMPLE, T/Q. HUBBALLI, DIST. DHARWAD, PIN CODE-580029.

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…PETITIONER

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(BY SRI. AVINASH M. ANGADI, ADVOCATE)

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AND:

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Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

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STATE OF KARNATAKA, THROUGH GHANTIKERI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001.

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(BY SRI. JAIRAM SIDDI, HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C.NO.5061/2024 PENDING ON THE FILE BEFORE V ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI ARISING OUT OF COMPLAINT, FIR IN CRIME NO.0012/2024 AND CHARGE SHEET REGISTERED BY THE RESPONDENT GHANTIKERI POLICE STATION HUBBALLI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 341, 323, 504, 506 R/W. 34 OF IPC, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:8777 CRL.P No. 102338 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard Sri.Avinash M. Angadi, learned counsel

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for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State.

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Petitioner/accused No.1 has filed this petition under Section 439 of the Criminal Procedure Code (for short, ‘the Cr.P.C.) / 483 of the Bharatiya Nagarika surksha Sanhita, (for short, ‘the BNSS’), 2023, to enlarge him on bail in connection with Crime No.12/2024 of Ghantikeri Police Station, Dharwad, on the file of the V Additional District and Sessions Judge, Dharwad, sitting at Hubballli, in S.C.No.5061/2024.

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The brief facts of the prosecution case are as

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under:

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HC-KAR

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On 07.04.2024, the de facto complainant lodged a complaint, alleging that one Ashif and three other persons assaulted and murdered her husband. Hence, the case was registered in Crime No.12/2024 for the offences punishable under Sections 302, 341, 323, 504 and 506 read with Section 34 of the Indian Penal Code (for short, ‘the IPC’).

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During the course of investigation, it revealed that, on 04.04.2024 at about 10.15 p.m., all the accused persons were standing near Sindagi Complex, in parking area and were smoking cigarettes. At that time, the de facto complainant and deceased-Mardansab objected the accused persons. Hence, the accused persons picked a quarrel with Mardansab and the de facto complainant. Accused No.1 assaulted with his hand on the left ear of the Mardansab causing him to fall down. Further, the accused persons also intentionally insulted him to provoke a breach

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NC: 2025:KHC-D:8777 CRL.P No. 102338 of 2025

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HC-KAR

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of peace and also made criminal intimidation to eliminate him.

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On 05.04.2024, injured-Mardansab was shifted to hospital for treatment. He was in the hospital till 10.04.2024 and again on 11.04.2024, he was shifted to KIMS Hospital, Hubballi, for treatment and on 17.04.2024 he succumbed to the injuries. Hence, the investigating officer has incorporated Section 302 of the IPC.

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During the course of the investigation, petitioner/accused No.1 was arrested the by respondentPolice and in turn, he was remanded to judicial custody.

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Learned counsel for the petitioner/accused No.1 contended that the petitioner is innocent and he has been falsely implicated in this case. As per the charge sheet material, there was a scuffle between the deceased and the accused persons and nothing was recovered from the petitioner. The only allegation is that this petitioner voluntarily caused hurt with his right hand near left ear of

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HC-KAR

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the deceased. Hence, he fell down and succumbed to the injuries on 17.04.2024. Hence, the ingredients of Section 302 of the IPC / 103 of the BNSS would not be attracted. Now, the investigation is completed and the Investigating Officer has filed a charge sheet against the accused persons. Petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prayed to allow the petition.

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Per contra , learned High Court Government Pleader for respondent-State contended that the petitioner is involved in the offence punishable under Section 103 of the BNSS. There is a prima facie case against him, if he is released on bail, he may tamper with the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner/accused No.1 is not entitled for bail. Hence, he prayed for rejection of the petition.

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Perused the materials available on record.

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HC-KAR

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The Investigating Officer after completion of

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investigation, has filed a charge sheet. The charge sheet materials revealed that on 04.04.2024, there was a scuffle between accused Nos.1 to 3 and deceased-Mardansab regarding smoking of cigarettes near Sindagi Complex, in the parking area. Hence, accused No.1 voluntarily caused hurt with his hands and assaulted on the left ear of the deceased-Mardansab. Hence, deceased fell down and on the following day of the incident, he was shifted to hospital for treatment, he was impatient for 6 days i.e, till 10.04.2024 and on 10.04.2024 and he was discharged from the hospital. On 11.04.2024, again injured was shifted to KIMS Hospital Hubballi, for treatment and on 17.04.2024, deceased-Mardansab succumbed to the injuries. During this period, the Investigating Officer has not made any efforts to record his statement.

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The Learned counsel for the petitioner vehemently contended that the ingredients of Section 304

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HC-KAR

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of the IPC, are attracted and there was no intention to commit murder of accused No.1. As per the charge sheet materials, it shows that accused No.1 voluntarily caused hurt with his hands. As per the post mortem examination report, there is a fractured end of bone showing blood extravasation, the injuries are antemortem in nature and the cause of death is due to respiratory failure as a result of head injury sustained.

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Learned counsel for the petitioner further contended that at the time of alleged incident, the deceased-Mardansab was alcoholic.

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From the perusal of post mortem examination report, it reveals that abdomen of the deceased contained 50 ML green color fluid and as per the discharge summary, issued by KIMS hospital, Hubballi,. It is observed that "left fronto parietal contusion with C diffuse axonal injury". Thus, deceased was alcoholic.

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HC-KAR

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Having regard to the facts and circumstances of

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the case, looking into the nature of injuries and nature of assault made by accused No.1 and gravity of offence, the date of incident and the date of death has to be taken into consideration and at the most, it amounts to culpable homicide not amounting to murder. Hence, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, I proceed to pass the following:

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ORDER

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The petition filed under Section 439 of Cr.P.C., is

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allowed .

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The petitioner is ordered to be enlarged on bail in Crime No.12/2024 of respondent Police Station on his executing a personal bond in a sum of Rs.2,00,000/- with two surety for the like sum to the satisfaction jurisdictional

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Court, subject to the following conditions:

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