Karnataka High Court
Bhiamashi S/O. Maning Mang vs The State Of Karnataka on 1 July, 2025
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NC: 2025:KHC-D:8241
CRL.P No. 102167 of 2025
C/W CRL.P No. 102169 of 2025
CRL.P No. 102171 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102167 OF 2025
(439 OF Cr.PC/483 OF BNSS)
C/W
CRIMINAL PETITION NO.102169 OF 2025
(439 OF Cr.PC/483 OF BNSS)
CRIMINAL PETITION NO.102171 OF 2025
(438 OF Cr.PC/482 OF BNSS)
IN CRL.P. NO. 102167 OF 2025
BETWEEN:
RAHUL S/O. SAIDAPPA PUJARI,
AGE: 23 YEARS, OCC: COOLIE,
R/O. MALAPUR, MUDHOL TQ,
BAGALOT DIST-587113.
...PETITIONER
(BY SRI. J. BASAVARAJ, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
Digitally signed (THROUGH MUDHOL P.S.)
by RAKESH S
HARIHAR REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
Location: High HIGH COURT OF KARNATAKA,
Court of
Karnataka, BENCH AT DHARWAD-580011.
Dharwad Bench
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.
(U/S.483 OF BNSS), SEEKING TO ALLOW THIS PETITION, GRANT
REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH
CR.NO.110/2025 OF MUDHOL P.S. FOR THE OFFENCES U/S.189(1),
191(2), 191(3), 115(2), 126(1), 118(1), 118(2), 103(1), 109(1),
352, 351(2), 190 OF BNS 2023, PENDING ON THE FILE OF ADDL.
CIVIL JUDGE (SR.DN) AND CJM COURT, MUDHOL, BAGALKOT
DISTRICT, PENDING INVESTIGATION AND TRIAL OF THE CASE IN SO
FAR PETITIONER IS CONCERNED ONLY AND IN THE INTEREST OF
JUSTICE.
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NC: 2025:KHC-D:8241
CRL.P No. 102167 of 2025
C/W CRL.P No. 102169 of 2025
CRL.P No. 102171 of 2025
HC-KAR
IN CRL. P. NO. 102169 OF 2025
BETWEEN:
1. BHIAMASHI S/O. MANING MANG,
AGE: 20 YEARS, OCC: STUDENT BCOM II.
2. PRADEEP S/O. UMESH PUJARI,
AGE: 23 YEARS, OCC: CONTRACT BASE WORK
IN MUNICIPAL CORPORATION MUDHOL.
3. PRAJWAL S/O. ASHOK BHAVIMANI,
AGE: 18 YEARS, OCC: STUDENT PUC II.
4. PRAVEEN S/O. ASHOK BHAVIMANI,
AGE: 21 YEARS, OCC: PRIVATE WORK.
5. ISHWARS S/O. MAHESH YANKANCHI,
AGE: 19 YEARS, OCC: STUDENT,
ALL ARE R/O. MALAPUR, MUDHOL TQ.
BAGALKOT DIST.-587113.
...PETITIONERS
(BY SRI. J. BASAVARAJ, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
(THROUGH MUDHOL P.S.)
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATKA,
BENCH AT: DHARWAD-580011.
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.
(U/S.483 OF BNSS), SEEKING TO ALLOW THIS PETITION, GRANT
REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH
CR.NO.110/2025 OF MUDHOL P.S. FOR THE OFFENCES U/S.189(1),
191(2), 191(3), 115(2), 126(1), 118(1), 118(2), 103(1), 109(1),
352, 351(2), 190 OF BNS 2023, PENDING ON THE FILE OF ADDL.
CIVIL JUDGE (SR.DN) AND CJM COURT, MUDHOL, BAGALKOT
DISTRICT, PENDING INVESTIGATION AND TRIAL OF THE CASE IN SO
FAR PETITIONERS ARE CONCERNED ONLY AND IN THE INTEREST OF
JUSTICE.
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NC: 2025:KHC-D:8241
CRL.P No. 102167 of 2025
C/W CRL.P No. 102169 of 2025
CRL.P No. 102171 of 2025
HC-KAR
IN CRL. P. NO. 102171 OF 2025
BETWEEN:
1. KARTIK URF PUTTU S/O. MAHANAND MANG,
AGE: 18 YEARS, OCC: STUDENT.
2. MUTTU S/O. SUBHAS TALAGERI,
AGE: 18 YEARS, OCC: STUDENT PUC-II.
BOTH ARE R/O. MALAPUR,
MUDHOL TQ, BAGALKOT DIST-587113.
...PETITIONERS
(BY SRI. J. BASAVARAJ, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH MUDHOL P. S.
REPTD. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580011.
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C.
(U/S.482 OF BNSS), SEEKING TO ALLOW THIS PETITION, GRANT
ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CONNECTION WITH CR.NO.110/2025 OF MUDHOL P.S.
FOR THE OFFENCES U/S.189(1), 191(2), 191(3), 115(2), 126(1),
118(1), 118(2), 103(1), 109(1), 352, 351(2), 190 OF BNS 2023,
PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN) AND JMFC
COURT, MUDHOL, BAGALKOT DISTRICT, PENDING INVESTIGATION
AND TRIAL OF THE CASE, IN SO FAR PETITIONERS ARE CONCERNED
ONLY AND IN THE INTEREST OF JUSTICE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:8241
CRL.P No. 102167 of 2025
C/W CRL.P No. 102169 of 2025
CRL.P No. 102171 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. J. Basavaraj, the learned counsel for petitioners and Sri. Jairam Siddi, learned HCGP for the respondent - State.
2. Criminal Petition No.102167/2025 is filed by accused No.13, Criminal Petition No.102169/2025 is filed by accused Nos.4, 5, 6, 8 and 11 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) and Criminal Petition No.102171/2025 is filed by accused Nos.7 and 9 under Section 482 of Bharatiya Nyaya Sanhita, 2023 (Section 438 of Cr.P.C.) for grant of bail for the offences punishable under Sections 189(1), 191(2), 191(3), 115(2), 126(1), 118(1), 118(2), 103(1), 109(1), 352, 351(2), 190 of Bharatiya Nyaya Sanhita, 2023. Since these three petitions arising out of same Crime No.110/2025 of Mudhol P.S., common order is being passed.
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NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR
3. The brief facts of the prosecution case are as under:
The first informant - Sri. Basavaraj Shivappa Sheelvant filed a complaint before the respondent - Police alleging that his deceased brother Manjunath had studied at Malapur village and he had friends at Malapur. As the deceased Manjunath had a garden belonging to his uncle in Malapur, the deceased was visiting the Malapur often and often. About one year back, as the sister of the accused No.3 Meena was talking with deceased Manjunath over the telephone, the accused No.2-Anil Nagappa Mang and accused No.3-Akash Durgappa Mang were angry on the deceased Manjunath and also had given life threat to the deceased Manjunath. It is also alleged that four days prior to the alleged incident, there was a fair of Laxmidevi at Malapur. The deceased Manjunath had affixed the banner of his photo along with the photos of his friends near the arch proceedings towards Laxmidevi temple. The said banner was torn. On 13.03.2025 at about 12:45 p.m. -6- NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR when the deceased Manjunath along with his friend Yallaling went to the accused persons to ask about the torn banner, the accused persons formed an unlawful assembly and abused the deceased Manjunath in filthy language questioning that "you are not the resident of Malapur; why you have affixed your banners in Malapur?"
They further stated that, they had torn the banners. Afterwards the accused persons abused the deceased Manjunath and Yallaling in filthy language and assaulted with the hands. As a result of assault by the accused persons, both the Manjunath and his friend Yallaling tried to escape through Mallapur bus stand, the accused persons followed both Manjunath and Yallaling and accused Nos.3 to 10 along with some other persons, caught hold of Manjunath and Yallaling and assaulted both of them by hands and legs. When the accused persons were talking of killing of deceased Manjunath, the accused No.1 - Praveen Shankar Mang stabbed the deceased Manjunath with his knife forcibly on the left chest of the -7- NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR deceased Manjunath and also on the ankle of the right hand causing grievous injuries. The accused No.2 assaulted Manunath with the knife on the stomach forcibly causing injuries, and also assaulted Yallaling with knife by piercing on the back of the neck and caused injuries. It is also alleged that the deceased Manjunath succumbed to the injuries while he was on way to Mudhol Government hospital at 01:20 a.m. and thereby committed the alleged offence. Accordingly, a complaint was lodged, which led to the registration of an FIR and initiation of investigation. During the course of the investigation, accused Nos. 4, 5, 6, 8, 11, and 13 were arrested and subsequently remanded to judicial custody. However, anticipating their possible arrest by the Police, Accused Nos.7 and 9 filed petitions for anticipatory bail.
4. Learned counsel for the petitioners contended that the petitioners are innocent, have not committed any offence and have been falsely implicated in this case. There is no overt acts alleged against them and nothing -8- NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR has been recovered from these petitioners. The only allegation against these petitioners that they have caught hold the hands and legs of the deceased Manjunath and also assaulted him with their hands and legs. Further the names of accused Nos.9 and 11 are not shown in the FIR. However, the respondent - Police are trying to apprehend them. The counsel contended that the entire allegation is against accused Nos.1 and 2, who stabbed them with knife and other vital parts of the body of the deceased. The petitioners are ready to abide by any conditions imposed by this Court. On these grounds, the learned counsel prayed for allowing of the petitions.
5. Per contra, learned HCGP contended that the petitioners are involved in the offences under Section 302 of IPC. There is prima facie case against them. Now the investigation is pending and if the petitioners are released on bail, they may tamper the prosecution witnesses and hamper the trial. However, considering the nature and gravity of offences, petitioners are not entitled for bail. -9-
NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR Accordingly, the learned HCGP prayed for rejection of the petitions.
6. Perused the material available on record.
7. As per the FIR, complaint and preliminary investigation report, it reveals that on 12.04.2025 during midnight, these petitioners and other accused persons took quarrel with Manjunath (the deceased) and his friend Yellaling (the injured) in connection with torn of banner installed in the Malapur village. These petitioners and other accused persons chased Manjunath and Yellaling and assaulted them. Accused Nos.1 and 2 used a knife to stab Manjunath on the chest and vital organs, thereby caused severe injuries. Accused Nos.1 and 2 also assaulted Yallaling with a knife on the neck and other parts of the body. It shows that there are prima facie allegations against accused Nos.1 and 2 with regard to serious injuries caused to the deceased Manjunath as well as injured Yellaling. Insofar as allegations against accused
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NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR Nos.3 to 12 are concerned, they caught hold Manjunath and twisted his hands and legs.
8. As per post mortem examination report, the cause of death is due to injury on the chest. On perusal of the entire material on record, at this juncture, there is no material against accused Nos.4, 5, 6, 7, 8, 9, 11 and 13 to attract Section 302 of IPC. The main allegation are against accused Nos.1 and 2. The motive is attributed against accused No.2 only.
9. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioners, gravity of offences, severity of punishment, chances of petitioners absconding or fleeing away from justice if released on bail, there character and antecedents of the petitioners and the possibility of tampering with prosecution witnesses, the petitioners are entitled for grant of bail by imposing certain conditions. Accordingly, I proceed to pass the following:
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NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR ORDER Criminal Petition No.102167/2025 and Criminal Petition No.102169/2025 are allowed. The petitioners are ordered to be enlarged on bail in Crime No.110/2025 of respondent - Police Station on they executing a personal bond in a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions:
[i] Petitioners shall mark their attendance on the 1st and 15th of every month between 10:00 a.m. and 05:00 p.m. for a period of six months or until the filing of the final report, whichever is earlier.
[ii] Petitioners shall not tamper the prosecution witnesses and shall not threaten the witnesses.
[iii] Petitioners shall appear before the Court regularly without fail.
[iv] Petitioners shall not involve themselves in similar offences
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NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR Criminal Petition No.102171/2025 is allowed. The petitioners are ordered to be enlarged on bail in the event of their arrest by the respondent - Police on they executing personal bonds for a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of the Investigating Officer / SHO subject to the following conditions:
[i] Petitioners shall appear before the Investigating Officer within a period of 15 days from the date of receipt of a copy of this order.
[ii] Petitioners shall mark their attendance on the 1st and 15th of every month between 10:00 a.m. and 05:00 p.m. for a period of six months or until the filing of the final report, whichever is earlier.
[iii] Petitioners shall not tamper with the prosecution witnesses.
[iv] Petitioners shall not involve themselves in any such offences in future.
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NC: 2025:KHC-D:8241 CRL.P No. 102167 of 2025 C/W CRL.P No. 102169 of 2025 CRL.P No. 102171 of 2025 HC-KAR Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Note: The observations made in this order are only for the purpose of disposal of these petitions.
Sd/-
(VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 38