Shekhar @ Rajashekhar Vs the State of Karnataka

THE STATE OF KARNATAKA, THROUGH NARONA POLICE STATION, TQ.ALAND, DIST. KALABURAGI, (REPRESENTING BY, LEARNED ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT KALABURAGI-585107).

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…RESPONDENT

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(BY SRI JAMADAR SHAHABUDDIN, HCGP)

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THIS CRL.P. IS FILED U/S 483 OF BNSS,2023 PRAYING TO ALLOW THE PETITION AND THEREBY KINDLY RELEASE THE PETITIONER ON BAIL IN CRIME NO. 78/2024 OF NARONA P.S TQ.ALAND, DIST. KALABURAGI, PENDING ON THE FILE OF II ADDL. DIST. AND SESSIONS JUDGE KALABURAGI IN SC NO. 233/2024, FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147, 148, 323, 324, 504, 506, 302, 120(b)(1) R/W SEC. 149 OF INDIAN PENAL CODE.

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NC: 2025:KHC-K:1523 CRL.P No. 200335 of 2025

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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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The petitioner who is arraigned as accused No.2 is before this Court seeking regular bail in Crime No.78/2024 of respondent - Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 302, 120(B)(1) r/w 149 of IPC in S.C No.233/2024 pending on the file of II Additional District and Sessions Judge, Kalaburagi.

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Brief facts of the case:

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It is the case of the prosecution that the complainant was the wife of the deceased. She stated in her complaint that her co-sister, namely, Jaibunabi was living with accused No.1 as husband and wife. The said Jaibunabi was having illicit relationship with accused No.1. The deceased used to advise her that she should not lead adultery life with accused No.1 she being a muslim woman. However, she did not heed his words and started living with accused No.1.

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NC: 2025:KHC-K:1523 CRL.P No. 200335 of 2025

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On 23.05.2024, around 9.30 p.m., the complainant had received a message stating that her husband was being beaten by unknown persons. Immediately, she went to the spot along with others and saw that accused No.1 and others were assaulting her husband. Though the quarrel was pacified by the intervention of public, her husband had sustained injuries. Immediately, the injured was shifted to the hospital for treatment, however, he succumbed to the said injuries. Hence, a case came to be registered against accused No.1 and others. The jurisdictional police after conducting investigation. submitted the charge sheet.

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Heard Sri.Suresh Chandrashekar Tengli, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent – State.

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It is the submission of the learned counsel for the petitioner that the allegations made against the petitioner was that he was assaulting the deceased with wooden stick on the forehead and also on stomach of the deceased. Even assuming that the incident had

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happened and the deceased was assaulted with the wooden stick on different parts of the body, the postmortem report would indicate that the deceased died due to hemorrhagic shock consequent upon blunt force trauma over liver.

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It is further submitted that the petitioner is arrayed as accused No.2. The overt-act attributed against the petitioner would indicate that he had assaulted the deceased with wooden stick on the eyebrow and stomach.

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It is further submitted that though the postmortem report would indicate that the death was due to injury caused to the liver by blunt weapon, the fact remains that, accused No.1 stated to have thrown the boulder stone on the stomach of the deceased and accused Nos.3 and 5 have also assaulted on the stomach along with other accused. Though the overt-act against each accused would indicate that all the accused have assaulted on the stomach, the fact remains that, who has caused the damage to the liver of the deceased has not been ascertained.

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It is further submitted that since the allegations are similar in nature against all the accused persons, it is appropriate to grant him bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition.

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Per contra, the learned HCGP vehemently opposed the said submission and he further submitted the accused No.1 is the younger brother of the petitioner. Accused No.1 had illicit relationship with the co-sister of the complainant. The incident had taken place with the intention to eliminate the deceased, therefore, all the accused have assaulted the deceased on the vital parts of the body and caused injuries. The postmortem report would indicate that the death was due to the injury caused to the liver.

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It is further submitted that the overt-act of each accused would indicate that all the accused have assaulted on the stomach including the petitioner, therefore, it is not appropriate to grant him bail. Making such submissions, the learned HCGP 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, it would indicate that the petitioner is arrayed as accused No.2. He stated to have assaulted the deceased with wooden stick on the stomach and other parts of the body. Though the fact remains that the death was due to the injury caused to the liver, all the accused stated to have assaulted on the stomach of the deceased. In fact, there is ambiguity in the postmortem report as to how the said injury was caused to the deceased.

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Without adverting to the merits of the case, having considered the postmortem report of the deceased, it is appropriate to grant him bail by imposing suitable conditions.

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Hence, I proceed to pass the following:

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ORDER

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i) The Criminal Petition is allowed.

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ii) The petitioner / accused No.2 is ordered to be enlarged on bail in Crime No.78/2024 of the respondent – Police in S.C No.233/2024 pending on the file of II Additional District and Sessions Judge,

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NC: 2025:KHC-K:1523 CRL.P No. 200335 of 2025

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Kalaburagi on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:

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