Karnataka High Court
Basavaraja @ Basavarajappa vs State Of Karnataka on 20 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:10644
CRL.P No. 15077 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15077 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. BASAVARAJA @ BASAVARAJAPPA
S/O HANUMANTHAPPA
AGED ABOUT 43 YEARS
AGRICULTURIST
2. HANUMANTHAPPA
S/O SURAPPA
AGED ABOUT 75 YEARS
AGRICULTURIST
BOTH ARE RESIDING AT
ERAGANHALLI VILLAGE
CHANNAGIRI TALUK
DAVANAGERE, DISTRICT-577 552.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI ...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA
(BY SRI VINOD N, ADVOCATE FOR
SRI SUNIL S NARAYAN, ADVOCATE
V/O DTD. 20.02.2026, PETITION BY
PETITIONER No.2 IS DISMISSED AS NOT PRESSED)
AND:
1. STATE OF KARNATAKA
BY SANTHEBENNUR POLICE STATION
DAVANAGERE.
REP. BY ITS PUBLIC PROSECUTOR
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NC: 2026:KHC:10644
CRL.P No. 15077 of 2025
HC-KAR
HIGH COURT COMPLEX
BENGALURU - 560 001
...RESPONDENT
(BY SRI M R PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE
ANTICIPATORY BAIL TO PETITIONERS I.E ACCUSED No.1 AND
4 HEREIN ON BAIL IN CR.No.161/2025 REGISTERED BY
SANTHEBENNUR P.S. REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 351,352,115(2),76,78,49,190
OF BNS 2023.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by petitioners -accused Nos.1 and 4 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.161/2025 of Santhebennur Police Station registered for offences punishable under Sections 351, 352 and 115(2), 76, 78, 49 and 190 of BNS.
2. Learned counsel for the petitioner has not pressed petition by petitioner No.2 -accused No.4 on the ground that charge sheet has not been filed against petitioner No.2 -accused No.4.
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NC: 2026:KHC:10644 CRL.P No. 15077 of 2025 HC-KAR
3. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent
-State.
4. Learned counsel for the petitioner would contend that the investigation is over, charge sheet has been filed and therefore, petitioner No.1 -accused No.1 is not required for custodial interrogations. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The wife of petitioner No.1 has filed complaint against the first informant and her husband registered in Crime No.162/2025. In that case, they have been granted anticipatory bail by Sessions Court. Offence against the petitioner is not punishable either with death or imprisonment for life. The maximum sentence that can be imposed is imprisonment for 05 years. There are no criminal antecedents of the petitioner. There is case and counter case. With this, he prayed to allow the petition.
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NC: 2026:KHC:10644 CRL.P No. 15077 of 2025 HC-KAR
5. Per contra, learned High Court Government Pleader for the respondent -State would contend that C.W.4 and C.W.5 are witnesses to the incident. In the incident, C.W.1 has sustained two simple injuries. The charge sheet materials show prima facie case against the petitioner. With these, he prays to reject the petition.
6. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.
7. As per charge sheet, the case of the prosecution is that petitioner No.1 -accused No.1 and his wife -accused No.2 Indramma were having an enmity and in that regard they had put firewood and for that C.W.1 has asked them to remove the said firewood. Therefore, on 19.09.2025 at about 07.30a.m., accused Nos.1 and 2 abused C.W.1 in filthy words and assaulted on her mouth and abused her stating that she is devadasi etc., and gave life threat. The said alleged incident has taken place on 19.09.2025 at 07.30 a.m. Petitioner No.1's wife has also -5- NC: 2026:KHC:10644 CRL.P No. 15077 of 2025 HC-KAR filed complaint against C.W.1 and her husband and it is registered in Crime No.162/2025 and date of offence is 19.02.2025 at 08.00 a.m. Considering the said aspect, there is case and counter case. In the counter case, accused persons have been granted anticipatory bail. In the case on hand, as the charge sheet is filed, petitioner No.1 is not required for custodial interrogation. The offences alleged against the petitioner No.1 are not punishable either with death or imprisonment for life. The petitioner has undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions.
8. In the result, the following ORDER
i) The petition is allowed.
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NC: 2026:KHC:10644 CRL.P No. 15077 of 2025 HC-KAR
ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No. Crime No.161/2025 of Santhebennur Police Station subject to the following conditions:
a) Petitioner No.1 shall voluntarily appear before the jurisdictional Court within 15 days sand execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction jurisdictional Court.
b) Petitioner No.1 shall not tamper the prosecution witnesses directly or indirectly.
c) Petitioner No.1 shall attend the trial Court on all dates of hearing unless exempted and co-
operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 32