Karnataka High Court
Jakaraya @ Jakappa vs The State Of Karnataka on 2 April, 2026
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NC: 2026:KHC-K:2875
CRL.P No. 200332 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200332 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
JAKARAYA @ JAKAPPA
S/O SHANKREPPA BIRADAR
AGE: 38 YEARS, OCC: AGRICULTURE
R/O: HATTALLI, TQ: CHADACHAN
DIST: VIJAYAPURA-585205
...PETITIONER
(BY SRI. B. K. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH ADDL. SPP
Digitally signed by HIGH COURT OF KARNATKA
SHIVALEELA
DATTATRAYA UDAGI KALABURAGI BENCH, KALABURAGI
Location: HIGH
COURT OF
CHADACHAN POLICE STATION
KARNATAKA ...RESPONDENT
(BY SRI.GOPALKRISHNA B. YADAV, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), PRAYING TO RELEASE THE ACCUSED/
PETITIONER ON BAIL IN CR.NO.115/2025
(C.C.NO.10141/2025) OF CHADACHAN POLICE STATION,
CHADACHAN ON THE CIVIL JUDGE AND JMFC AT INDI,
TQ: INDI, DIST: VIJAYAPURA U/S 103(1), 140(1), 238, 126(2),
351(2), 352, 61(2) R/W 3(5) TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-K:2875
CRL.P No. 200332 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
The petitioner has filed this petition under Section 483 of BNSS, 2023 for grant of bail in Crime No.115/2025 (C.C.No.10141/2025) of Chadachan Police Station, for the offences punishable under Sections 103(1), 140(1), 238, read with Section 3(5) of BNS, 2023, on the file of Civil Judge & JMFC, Indi.
2. The learned counsel for the petitioner has urged the following grounds for grant of bail:
(i) That, the accused petitioner is nothing to do with the alleged offences that he has been falsely implicated on the instigation of ill-wishers.
(ii) That, the Trial court has not properly appreciated the facts and assigned no reasonable grounds while rejecting the bail application.
(iii) That, it is worth to mention here that, there is no direct eye witness have been mentioned on the alleged -3- NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR offences. That in the complaint itself stated that the murder has been committed at desolate region or lonely place, as there is no eye witness for the incident.
(iv) That, there is direct contradiction in the complaint itself that, it is alleged that, they are visited the temple and a jatra is going on and infront of many person including complainant, her son and her daughter the accused have kidnapped the deceased, but in the presence of such huge gathering of people a incident of kidnap has been explained, but in reality it is highly impossible to face the crowd and this fact is not properly appreciated, hence intervention of this Hon'ble Court is sought for granting the bail.
(v) That, in one stress they state that, they have been kidnapped on motorcycle, but the presence of motorcycle of deceased at murder place is not explained why bike belongs to the deceased was present at the spot and it clearly shows and establish that the creation of the -4- NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR complaint against the accused, hence a good ground for enlarging the accused on bail.
(vi) That, on bear reading of the complaint there is absence of mens rea, a preparation, under these circumstances a story has been planted by the complainant. That it is stated that, a sharp stone has been used to commit the murder, hence it shows that, the complaint is a cocked up story of the complainant and respondent.
(vii) That, the deceased is charge with many criminal cases, under these circumstances the contents of the complaint is hardly to believe.
(viii) That, the contents of the complaint states that, a stone has been used for the murder, but the nature of injury and cause of death are not tallying each other. The injury are caused from sharp edge weapon but a stone cannot be the sharp edge open. Hence the complaint is cannot to be believed.-5-
NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR
(ix) That, the injury mentioned in the Post Mortem Report and the nature of injury as per the statement of complainant were not tallying with each other, which create ambiguity about and commission of the offence by the petitioner, hence this fact has to be appreciated.
(x) That, this petitioner has no criminal antecedents and is innocent of charges leveled against him by the complainant.
(xi) That, there is no mens rea and act of preparation has not been explored by the prosecution hence in the absence of the above ingredients of the criminal act can't be justified. Hence it is prayed to release the accused/petitioner on bail bond.
(xii) That, it is wrathful and necessary to bring to kind attention of this Hon'ble court that either in the complaint or in the statement of any accused more particularly the alleged eye witnesses have not pleaded or stated anything about the overt act of the each accused. -6-
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(xiii) That, investigation has been completed and charge sheet is filed. Hence there is no question of influencing the investigation or hampering the witnesses, hence on the ground of completion of investigation and reason of delayed trial, the accused petitioner may be released on bail.
(xiv) That the entire family is depend upon accused petitioner income. That, the petitioner has kids and because of custody of petitioner, the kids are under starvation as the petitioner is only earning member of the family, If the accused petitioner kept behind bar, the entire family will be put to starvation, hence a lenient view may be considered to enlarge the accused petitioner on bail bond.
(xv) That the alleged offences are not so heinous and to punish with death or life imprisonment, hence it is just and reasonable to release the accused petitioner on bail.
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NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR (xvi) That the accused petitioner is ready to co- operate with the investigation officer with all respect even though the investigation has been completed. That, further the accused petitioner under takes that he will not temper or hamper the trial further under takes that he will not influence the witnesses, hence considering all these aspects, it is prayed that Hon'ble court may be pleased to enlarge the accused petitioner on bail.
(xvii) That the accused petitioner is in judicial custody since 26.08.2025, hence it is just and proper and to meet the ends of justice, the accused petitioner may be enlarge on the bail.
(xviii) That the accused petitioner has permanent resident of Hattali village and has both moveable and immoveable property, hence there is no question of jumping over the bail in the event of his release.
(xix) That the petitioner is young and if he put behind bar along with other accused in Jail his future will -8- NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR be collapse, hence considering these facts and on health condition the Hon'ble court may be pleased to enlarge the accused petitioner on the bail.
(xx) That the petitioner is ready to furnish surety for the satisfaction of the Hon'ble Court. Further he is ready to abide any conditions imposed by the Hon'ble Court.
(xxi) That under the above said facts and circumstances the accused petitioner deserve the sympathy of the Hon'ble Court to release the accused petitioner on bail. On all these grounds, sought for allowing of this petition.
3. Per contra, learned High Court Government Pleader would submit that CWs.8 and 9 are the eyewitnesses to this incident and they have witnessed when the accused has assaulted the deceased and kidnapped. That there are prima facie materials against the accused to constitute the offence for the alleged -9- NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR offences, which are heinous in nature and same are punishable with death or imprisonment for life. At this stage, if, the petitioner is enlarged on bail, there is a possibility of tampering or threatening the prosecution witnesses. On all these grounds, prays to dismiss the petition.
4. I have examined the materials placed before this Court.
5. On the basis of the complaint filed by one Choudamma Jujagar-complainant, the respondent-Police have registered the case in Crime No.115/2025 against accused Nos.1 and 2 for the commission of offence under Sections 103(1), 140(1), 238 read with Section 3(5) of BNS, 2023. During the course of investigation, the Investigating Officer has arrested the accused and produced before the jurisdictional Court and he was remanded to judicial custody, still he is in judicial custody. After thorough investigation, the Investigating Officer has
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NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR submitted the charge sheet against the accused for the offences punishable under Sections 103(1), 140(1), 238, 126(2), 351(2), 352, 61(2) read with Section 3(5) of BNS, 2023. The Investigating Officer has cited 37 witnesses in the charge sheet and produced the spot panchanama, inquest panchanama, post mortem report and statement of witnesses.
6. On careful examination of these materials placed before this Court, at this stage, there are prima facie materials to constitute the alleged commission of offences against the present petitioner. The alleged commission of offences are heinous in nature and punishable with death or imprisonment for life. At this stage, if, the petitioner is released on bail, it will affect the society at large and there is a possibility of tampering or threatening the prosecution witnesses. Considering the nature and the gravity of offence, I proceed to pass the following:
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NC: 2026:KHC-K:2875 CRL.P No. 200332 of 2026 HC-KAR ORDER The petition is dismissed.
Sd/-
(G BASAVARAJA) JUDGE SDU LIST NO.: 1 SL NO.: 10 CT-BH