Karnataka High Court
Aroli Bheemanna vs The State Of Karnataka on 27 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:1325
CRL.P No. 200360 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.200360 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SRI AROLI BHEEMANNA S/O NAGAPPA,
AGE: 41 YEARS, OCC: AGRICULTURE.
2. SRI TAYAPPA S/O BHEEMAPPA
@ PILIMUKKA BHEEMAYYA,
AGE: 37 YEARS, OCC: AGRICULTURE,
BOTH ARE R/O. MIRJAPURU VILLAGE,
TQ. AND DIST. RAICHUR - 584101
...PETITIONERS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
Digitally signed
by AND:
SHIVAKUMAR
HIREMATH THE STATE OF KARNATAKA,
Location: HIGH THROUGH THE SHO,
COURT OF
KARNATAKA IDAPANUR POLICE STATION, DIST. RAICHUR,
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585102
...RESPONDENT
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), PRAYING TO ALLOW THIS BAIL PETITION AND
THEREBY RELEASE THE PETITIONER ON BAIL IN
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NC: 2025:KHC-K:1325
CRL.P No. 200360 of 2025
C.C.NO.5222/2024 (ARISING OUT OF CRIME NO.67/2024)
PENDING ON THE FILE OF HON'BLE III ADDL. SENIOR CIVIL
JUDGE AND JMFC RAICHUR FOR THE COMMISSION OF
ALLEGED OFFENCES PUNISHABLE U/SEC. 189(2), 191(2),
191(3), 61(2)(a), 118(1), 118(2), 109(1), 103(1), 352, 351(3),
R/W 190 OF BNS REGISTERED BY THE RESPONDENT
IDAPANUR POLICE STATION DIST. RAICHUR.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.9 and 10 in Crime No.67/2024 registered by Idapanur Police Station, Raichur for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 118(1), 118(2), 109(1), 103(1), 352, 351(3) read with Section 190 of BNS, 2023, are before this Court under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.67/2024 was registered by Idapanur Police Station, Raichur for the aforesaid offences against one Kari Bheemanna and 21 others on the basis of -3- NC: 2025:KHC-K:1325 CRL.P No. 200360 of 2025 the first information dated 15.09.2024 received from Amaresh S/o. Bheemanna, who is one of the injured witness in the present case. During the course of investigation, petitioners were arrested on 16.09.2024 and 18.09.2024 respectively and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against 21 accused persons. The petitioners herein are arrayed as accused Nos.9 and 10 in the charge sheet. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.33/2025 was rejected on 01.02.2025. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that the allegation as against the petitioners herein is of assaulting deceased on his legs. The death of the deceased was as a result of assault made on his head. All other accused persons except the petitioners herein and accused No.2, have been enlarged on bail in the present case. The accused persons, who allegedly assaulted -4- NC: 2025:KHC-K:1325 CRL.P No. 200360 of 2025 CW.12 to CW.14, who also had suffered grievous injuries, have been granted regular bail. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that the petitioners are the persons with criminal antecedents and they are facing one more criminal case for the offence punishable under Section 307 of IPC. Accordingly, he prays to dismiss the petition.
6. Perusal of the first information dated 15.09.2024 submitted by injured eyewitness Amaresh S/o. Bheemanna would reveal that there is some serious dispute between the two parties and case and counter cases are pending between the parties. The accused persons in the present case allegedly had ill-will against other party. On 14.09.2024, the first informant, deceased, other injured persons along with their relatives had gone to attend the funeral of Smt.Tayamma and at about 2.00 p.m. when they were returning after attending the funeral -5- NC: 2025:KHC-K:1325 CRL.P No. 200360 of 2025 of Smt.Tayamma, accused persons, who had themselves formed into an unlawful assembly intercepted them and after abusing them, assaulted them with deadly weapons which they had brought along with them. In the said incident Bhimesh, who had sustained grievous injuries had died and CW.12 - Bhimanna, CW.13 - Rangappa and CW.14 - Dulayya had sustained grievous injuries. The first informant and some others have sustained simple injuries. It is in this background, the first informant had approached the police and submitted a first information based on which FIR was initially registered against 22 named persons.
7. Perusal of the FIR and charge sheet now filed in the present case would go to show that allegation of assaulting deceased Bhimesh on his head with wooden club is as against accused No.2. Accused No.9 allegedly had assaulted on the left leg of the deceased and accused No.10 allegedly assaulted on the right leg of deceased Bhimesh. Postmortem report of deceased Bhimesh would reveal that he had suffered fracture injury on his left leg -6- NC: 2025:KHC-K:1325 CRL.P No. 200360 of 2025 and had not suffered any fracture injury on his right leg. The postmortem report of Bhimesh would also go to show that death was as a result of head injury. In the charge sheet, the allegation of assaulting deceased Bhimesh with wooden club on his head is only as against accused No.2, who is in custody. It is not in dispute that CW.12 to CW.14 had also sustained grievous injuries in the incident in question and accused persons, who have assaulted them, have been already enlarged on bail. There are case and counter cases pending between the parties. The petitioners herein are allegedly facing trial in another criminal case registered for the offence punishable under Section 307 of IPC and undisputedly, they have been enlarged on bail in the said case. So far as the present case is concerned, the allegation as against the petitioners is that they had assaulted Bhimesh on his legs and said assault is not cause for the death of said Bhimesh. The petitioners are in custody from 16.09.2024 and 18.09.2024 respectively. Investigation of the case is completed and charge sheet is now filed against 21 -7- NC: 2025:KHC-K:1325 CRL.P No. 200360 of 2025 accused persons. Trial in the case is yet to commence and prosecution in all has cited 44 charge sheet witnesses in the present case.
8. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, following:
ORDER The criminal petition is allowed.
The petitioners/accused Nos.9 and 10 are directed to be enlarged on bail in Crime No.67/2024 of Idapanur Police Station, Raichur, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 118(1), 118(2), 109(1), 103(1), 352, 351(3) read with Section 190 of BNS, 2023, pending on the file of learned III Additional Senior Civil Judge and JMFC, Raichur, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties -8- NC: 2025:KHC-K:1325 CRL.P No. 200360 of 2025 for the likesum, to the satisfaction of the jurisdictional Court;
b) Petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) Petitioners shall not involve in similar offences in future;
e) Petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 25 CT:PK