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[2026:RJ-JP:3978]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 15007/2025

Janak Bahadur Kathayat S/o Shri Jagat Bahadur, Aged About 34

Years, R/o Village Kailali Thikapur, Ward No. 23, District Kailali,

Police Station Kailali, Nepal. At Present Tenant At A-18, Nalanda

Vihar, Durgapura, Police Station Shiprapath, District Jaipur

(Raj.). (At Present Confined In Central Jail, District Jaipur).

----Petitioner

Versus

The State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Anshuman Saxena, Adv. with

Mr. Prem Prakash Bairwa, Adv.

Mr. Vishal Gurjar, Adv.

For Respondent(s) : Mr. Amit Punia, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

28/01/2026

1. The instant bail application under Section 483 of BNSS has

been filed on behalf of the petitioner, who has been arrested in

connection with FIR No.801/2024 registered at Police Station

Shipra Path, District Jaipur City (South) for offences punishable

under Sections 103(1) and 238(a) of the Bharatiya Nyaya Sanhita,

(in short ‘BNS’) 2023. After completion of investigation, Police filed

charge-sheet in the matter.

2. It is contended by learned counsel for the petitioner that the

accused-petitioner has falsely been implicated in this case.

Counsel submits that the deceased, while in a state of severe

intoxication, harassed the petitioner’s daughter and behaved

indecently by exposing himself before her. Counsel submits that

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alleged incident took place in a heat of passion on sudden

provocation. Counsel submits that there was no premeditation to

cause death of the deceased and nothing has come on record

which shows that there was prior enmity between the petitioner

and deceased. Counsel further submits that even if the allegations

are accepted at its face value, the provisions of Section 103 (1)

are not attracted in the present case and at the best, the case

would fall within the ambit of Section 105 of BNS, 2023. Counsel

places reliance upon the judgment passed by the Hon’ble Supreme

Court in the case of Vijay @ Vijayakumar versus State

represented by Inspector of Police arising out of criminal

appeal No.1049/2021. Some excerpts from the judgment is being

reproduced below:

“18. Exception one of Section 300 states that a

culpable homicide is not murder if the offender, whilst

deprived of the power of self-control by grave and

sudden provocation, causes death of the person who

gave the provocation or causes the death of any

other person by mistake or accident.

19. It is well established that Exception 1 to Section

300 can apply when the accused is shown to have

deprived of power of self- control by grave and

sudden provocation which is caused by the person

whose death has been caused.

20. It is not each and every provocation that will

reduce the crime from murder to culpable homicide

not amounting to murder. The provocation must be

both grave and sudden. In order to invoke the

benefit of the exception, it must be established that

the act 6 committed by the accused was a

simultaneous reaction of grave as well as sudden

provocation which deprived him of the power of self

control. If the provocation is grave but not sudden,

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the accused cannot get the benefit of this exception.

Likewise, he cannot invoke the exception where the

provocation though sudden is not grave.

21. In Mancini v. Director of Public Prosecutions

reported in 1942 A.C. 1, Viscount Simon observed:

“It is not all provocation that will reduce the

crime of murder to manslaughter. Provocation,

to have that result, must be such as

temporarily deprives the person provoked of

the power of self control, as the result of

which he commits the unlawful act which

causes death. “In deciding the question

whether this was or was not the case, regard

must be had to the n