ORDER : This petition is filed By the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.73/2016 of Sedam Police Station, Kalaburagi, registered for the offences punishable under Section 302 r/w 34 of IPC and also for the offence punishable under Section 3(1)(x), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act’). 2. Brief facts leading to filing of the complaint are that, accused No.1 and the deceased jointly executed some work about four months prior to the alleged incident. Accused No.1 did not pay the share of the deceased despite repeated request made by the deceased. In that light, accused No.1 developed animosity against the deceased. In that background, on 05.04.2016 when the deceased once again made the demand for his share with accused No.1, accused No.1 abused him in filthy language and also abused by taking the name of the caste. Thereafter, accused Nos.1 and 2 with a common intention of doing away his life picked up quarrel and assaulted with hands and at that time accused No.1 kicked on the scrotum and as a result of the same, the deceased fell down and breathed his lost. On the basis of the complaint, a case has been registered against the accused. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that the alleged incident has taken place at a heat of moment without there being any motive or intention. He has further contended that the accused-petitioner was not having any intention to cause the death of the deceased. He has further contended that he has already paid whatever the share, which ought to have been paid but that is not the motive for the alleged incident. He has further contended that petitioner is permanent resident of Sedam, therefore, there is no chance of he being absconded. He has further contended that petitioner – accused is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. He has further contended that petitioner is permanent resident of Sedam, therefore, there is no chance of he being absconded. He has further contended that petitioner – accused is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the accused-petitioner is the main cause for the death of the deceased and there are eye witnesses to the alleged incident. At this juncture, if the petitioner is released on bail, there is likelihood of he being absconded and he may not be available for trial. He has further contended that accused-petitioner has kicked to scrotum of the deceased, as a result of the same, the deceased fell down and breathed his lost. There is direct evidence to show that cause of death is only because of said kick given by the accused-petitioner. There is prima facie material against the accused-petitioner. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that there was a quarrel between the accused and the deceased and at that time accused No.1 has kicked on the scrotum and as a result of the same, the deceased fell down and died. By taking into consideration the incident in question is concerned, the alleged incident might have taken place at a heat of moment when they were quarreling with each other. As rightly pointed out it may amount culpable homicide not amounting murder. In that light, when already charge sheet has been filed, I feel if the accused-petitioner is released on bail by imposing some stringent conditions, it would meet the ends of justice. 7. As rightly pointed out it may amount culpable homicide not amounting murder. In that light, when already charge sheet has been filed, I feel if the accused-petitioner is released on bail by imposing some stringent conditions, it would meet the ends of justice. 7. For the aforementioned reasons, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses; (iii)The petitioner shall make himself available to the Investigating Officer as and when required; (iv) The petitioner shall appear before the concerned Court regularly