Sunil S/O Maruti Kuntenor Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH, Digitally signed by RENUKA BAGDAL POLICE STATION, Location: HIGH BIDAR RURAL CIRCLE, COURT OF DIST: BIDAR – 585401, KARNATAKA REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH.

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…RESPONDENT

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(BY SRI JAMADAR SHAHABUDDIN, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023, PRAYING TO, ALLOW THE PETITION, THERE BY ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN C.C. NO.1882/2024, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR. DN.) AND CJM COURT, BIDAR ARISING OUT OF CRIME NO.75/2024 REGISTERED BY BAGDAL POLICE STATION, DISTRICT BIDAR AND CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 329(4), 3(5) OF BNS, 2023.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S RACHAIAH)

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This petition is filed by the accused No.2 seeking for

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regular bail in Crime No.75/2024, registered by the Bagdal Police Station for the offences punishable under Sections 103(1), 329(4), 3(5) of BNS, 2023.

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The case of the prosecution is that the father of

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the complainant stated to have done black magic against the family members of the petitioner, for which, the relatives of the petitioner stated to have died. Being enraged by the said act of the deceased, it is stated that the accused Nos.1 and 2 have assaulted the deceased. The

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accused No.1 stated to have pushed the deceased on the ground and also assaulted him. Consequently, the deceased sustained injuries. Though the injured was shifted to the hospital for treatment, he died due to the head injury. Based on the complaint, the FIR came to be registered in Crime No.75/2024 for the offences punishable under Sections 109, 117(2), 115(2), 126(2), 329(4), 351, 352, 3(5) of BNS, 2023. After completing the investigation, the investigating officer submitted the charge sheet for the offences punishable under Sections 103(1), 329(4), 3(5) of BNS, 2023.

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It is the submission of the learned counsel for the petitioner that the petitioner is arrayed as accused No.2. The overt act attributed against the petitioner is that he has assaulted the deceased with his hands. However, the post mortem report would indicate that the death is due to head injury. The intention to commit murder or injury is absent. Even assuming that the petitioner has committed an offence, it would not come

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within the purview of Section 103 of BNS, 2023. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions.

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It is further submitted that the petitioner is aged about 34 years and he is the earning member of the family and the permanent resident of Bairnalli village, Bidar Taluk and District and he will abide by the terms and 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.

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Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the petitioner being accused No.2 had assaulted the deceased and caused injuries. Both the accused Nos.1 and 2 had intention to commit the murder of the deceased. Hence, assaulted and caused injuries. Moreover, the deceased died due to the said injuries. Hence, the petitioner is not entitled for bail. Making such submissions, he prays to dismiss the petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, the overt-act attributed against the petitioner would indicate that he assaulted the deceased with his hands and accused No.1 had pushed the deceased on the ground. Consequently, the deceased sustained head injuries. On reading of the overt-act of the petitioner, I am of the considered opinion that the petitioner had made out a case to grant him bail. Without adverting to the merits of the case, it is appropriate to grant bail by imposing suitable conditions.

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Hence, I proceed to pass the following: ORDER

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(i) The criminal petition is allowed.

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(ii) The petitioner is enlarged on bail in C.C.No.1882/2024, pending on the file of the Additional Civil Judge (Sr.Dn.) and CJM Court, Bidar, arising out of Crime No.75/2024 registered by the Badgal Police Station for the

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