Karnataka High Court
Shri Shivadas S/O Narasing Sherkahane vs The State Of Karnataka on 16 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4071
CRL.P No. 100156 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100156 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
1. SHRI SHIVADAS
S/O. NARASING SHERKAHANE,
AGE: 58 YEARS,
OCC: AGRICULTURE,
R/O. SHIROL VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT-587313.
2. SHRI BASAVANTH
S/O. NARASING SHERKAHANE,
AGE: 62 YEARS,
OCC: AGRICULTURE,
R/O. SHIROL VILLAGE,
Digitally TQ. MUDHOL,
signed by
RAMYA D
Location:
DIST. BAGALKOT-587313.
HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
3. SHRI MOHAN
DHARWAD
S/O. BASAVANT SHERKAHANE,
AGE: 37 YEARS,
OCC: AGRICULTURE,
R/O. SHIROL VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT-587313.
...PETITIONERS
(BY SRI R. H. ANGADI, ADVOCATE)
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NC: 2026:KHC-D:4071
CRL.P No. 100156 of 2026
HC-KAR
AND:
THE STATE OF KARNATAKA,
(MUDHOL POLICE STATION),
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD-580011.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE (UNDER SECTION 482
OF BNSS, 2023), PRAYING TO ISSUE A DIRECTION TO THE
MUDHOL POLICE STATION, TO ENLARGE THE PRESENT
PETITIONERS, WHO IS ARRAYED AS ACCUSED NO.1 TO 3 ON
BAIL IN THE EVENT OF THEIR ARREST BY THE MUDHOL POLICE
IN THEIR P.S. CRIME NO.66/2025, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 329(3),
126(2), 115(2), 74, 76, 352, 351(2) R/W 190 of BNS-2023
(UNDER SECTIONS 142, 147, 211, 124A, 117, 354, 354B, 504,
509 READ WITH 149 of IPC, PENDING IN C.C.NO.746/2025,
PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC COURT MUDHOL, 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-D:4071
CRL.P No. 100156 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
This criminal petition is filed by the petitioners/accused Nos.1 to 3 under Section 438 of Code of Criminal Procedure (for short 'the Cr.P.C')/482 of Bharatiya Nagarika Suraksha Sanhita, 2023 (for short 'the BNSS'), seeking to enlarge the petitioners/accused Nos.1 to 3 on anticipatory bail with the following prayer:
"PRAYER Wherefore, for these and amongst other grounds to be urged at the time of hearing, it is most humbly and graciously prayed that, this Hon'ble Court be pleased issue a direction to the Mudhol Police Station, to enlarge the present petitioners, who is arrayed as accused Nos.1 to 3 on bail in the event of their arrest by the Mudhol Police in their P.S. Crime No.66/2025, for the offences punishable U/Sec 189(2), 191(2), 191(3), 329(3), 126(2), 115(2), 74, 76, 352, r/w 190 of BNS-2023 (U/Sec 142, 147, 211, 124A, 117, 354, 504, 509 R/w 149 of IPC)."
2. It is the brief case of prosecution as per the complaint, FIR and charge sheet materials that the dispute between the complainant and accused arose because the complainant had purchased the land from the accused. -4-
NC: 2026:KHC-D:4071 CRL.P No. 100156 of 2026 HC-KAR Subsequently, a dispute arose between them regarding the ownership of the land and in this regard, civil disputes were filed and went up to the Hon'ble Supreme Court, which confirmed the ownership of the complainant over the land.
3. When this being the fact, on 21.02.2025, the complainant along with her brothers was cultivating the land with a tractor and accused Nos.1 to 6 have criminally trespassed onto the land and obstructed the work. Accused No.2 abused the complainant in filthy language and prevented her from cultivating the land. In this regard, the dispute took place and the saree of the complainant was pulled with an intention to disrobe her; therefore, the allegation is that accused Nos.1 to 6 committed the offence of outraging modesty of a female folk, assaulted and abused the complainant and her brothers in filthy language. Hence, the above said offences are foisted against accused Nos.1 to 6.
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NC: 2026:KHC-D:4071 CRL.P No. 100156 of 2026 HC-KAR
4. Learned counsel for the petitioners/accused Nos.1 to 3 submitted that now the investigation is completed and the charge sheet is filed; therefore, the petitioners/accused Nos.1 to 3 are no more required for custodial interrogation. Further submitted that accused Nos.4 to 6 have already released on bail. Hence, on the ground of parity prays to enlarge the petitioners/accused Nos.1 to 3 on anticipatory bail.
5. On the other hand, learned HCGP appearing on behalf of respondent-State vehemently opposed the grant of bail and prays to dismiss the petition.
6. Upon considering the charge sheet materials, there is a dispute regarding the property between the complainant and accused. The offence alleged against the petitioners/accused Nos.1 to 3 neither involves the commission of death nor grevious hurt. Further, the offences as alleged are triable by the learned Magistrate. Now, the charge sheet has been filed. Hence, this Court -6- NC: 2026:KHC-D:4071 CRL.P No. 100156 of 2026 HC-KAR without expressing any opinion on the merits involved in the case, holds that the petitioners/accused Nos.1 to 3 are liable to be enlarged on anticipatory bail as prayed for. Thus, the petition is liable to be allowed.
ORDER i. The petition is allowed.
ii. The petitioners/accused Nos.1 to 3 are enlarged on bail in the event of their arrest by the Mudhol Police in their P.S. Crime No.66/2025 registered for the offences punishable U/Sec 189(2), 191(2), 191(3), 329(3), 126(2), 115(2), 74, 76, 352, r/w 190 of BNS- 2023 (U/Sec 142, 147, 211, 124A, 117, 354, 504, 509 R/w 149 of IPC), subject to the following conditions:
a) The petitioners/accused Nos.1 to 3 shall appear before the trial Court and shall seek for bail within ten days from the date of receipt of a copy of this order.-7-
NC: 2026:KHC-D:4071 CRL.P No. 100156 of 2026 HC-KAR
b) The petitioners/accused Nos.1 to 3 shall execute a personal bond for a sum of Rs.1,00,000/- along with one surety for the like sum to the satisfaction of the Trial Court.
c) The petitioners/accused Nos.1 to 3 shall not indulge in the same offence or any other criminal cases, till completion of the trial.
d) The petitioners/accused Nos.1 to 3 shall not leave the jurisdiction of the Trial Court without prior permission of the Court.
e) The petitioners/accused Nos.1 to 3 shall not tamper and threaten the prosecution witnesses in any manner.
f) The petitioners/accused Nos.1 to 3 shall mark their attendance before the -8- NC: 2026:KHC-D:4071 CRL.P No. 100156 of 2026 HC-KAR concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m.
g) The petitioners/accused Nos.1 to 3 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail.
h) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE SRA /CT-AN List No.: 1 Sl No.: 19