The court granted bail based on the petitioner's age, lack of a criminal record, and the spontaneous nature of the alleged incident, underlining the balance between personal liberty and societal safety.

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused in S.C.No.5041/2025 pending before the Court of I Additional Sessions Judge, Dharwad, sitting at Hubli arising out of Crime No.5/2021 registered by Kundgol Police Station, for the offences punishable under Section s 103 , 115(2), 351(3) and 352 of the Bharatiya Nyaya Samhita , 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS 2023) seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.5/2021 was registered by Kundgol Police Station, for the aforesaid offences against the petitioner herein based on the first information dated 11.01.2025 received from Lakshmi W/o Mudayya Pujar. During the course of investigation, petitioner was arrested on 11.01.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.5299/2025 was rejected on

09.06.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that petitioner is aged 20 years having no criminal antecedents. He is the sole bread winner of the family. The incident has taken place in a spur of moment. Accordingly, prays to allow the petition.

5. Learned HCGP has opposed the petition. She submits that death was as a result of petitioner kicking the testicles of the deceased. There are eye witnesses to the alleged incident. Accordingly, she prays to dismiss the petition.

6. From a reading of the material on record, it appears that house of the petitioner is situated adjacent to the house of the deceased Mudayya Pujar and his sister Prema. It appears that on 11.01.2025, the petitioner had fought with Nagaraj, son of Prema for the reason that Nagaraj had gone near the house of the petitioner to attend the nature call. The parents of Nagaraj along with first informant and her husband Mudayya Pujar tried to intervene when the petitioner and aforesaid Nagaraj were quarrelling with each other. It is alleged that the petitioner after abusing Mudayya Pujar assaulted the him with his hands and also kicked him on his testicles. It is further alleged that the petitioner also assaulted Nagaraj and his mother Prema and thereafter, ran away from the spot. 7. In the alleged incident, Nagaraj and his mother Prema have suffered simple injuries. Mudayya Pujar was immediately shifted from the crime spot to the hospital. But, he was declared brought dead by the doctors in hospital. Post mortem report of the deceased would go to show that he has not suffered any grievous external injuries on his body. In the final opinion regarding cause of death of the deceased, it is mentioned that death was due to blunt trauma to the testicles. Incident in question had taken place after Nagaraj had gone near the house of the petitioner to attend the nature call. When Nagaraj and petitioner were quarrelling with each other, the deceased and his relatives including the parents of Nagaraj tried to intervene and it is alleged that at that time, petitioner had assaulted the deceased with his hands and kicked him on his testicles. It appears that incident in question had taken place in a spur of moment. The allegation against the petitioner is that he assaulted the deceased with his hands and legs.

8. The petitioner is aged about 20 years and has no other criminal antecedent. Petitioner is in custody for the last more than 7 months. Continued detention of the petitioner in custody amongst hardcore criminals in jail would have an adverse impact on his future career and prospects. The trial in the case