Karnataka High Court
Sri. Rannakumar S/O Chintamani Upadhye vs The State Of Karnataka on 27 October, 2025
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CRL.P No. 103186 of 2025
C/W CRL.P No. 103187 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 27TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL PETITION NO.103186 OF 2025
(439(2)(Cr.PC)/483(3)(BNSS))
C/W
CRIMINAL PETITION NO.103187 OF 2025
IN CRIMINAL PETITION NO.103186 OF 2025
BETWEEN:
1. SRI. RANNAKUMAR S/O. CHINTAMANI UPADHYE,
AGE. 40 YEARS, OCC. AGRICULTURE,
R/O. MAHISHWADAGI, TQ. ATHANI,
DIST. BELAGAVI-591304.
2. DR. ANAND S/O. CHINTAMANI UPADHYE,
AGE. 40 YEARS, OCC. AGRICULTURE,
R/O. MAHISHWADAGI, TQ. ATHANI,
DIST. BELAGAVI-591304.
Digitally signed by ...PETITIONERS
SAMREEN AYUB
DESHNUR (BY SRI. SAJID A.GOODWALA, ADVOCATE)
Location: HIGH COURT
OF KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
THROUGH IO ATHANI P.S.,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
2. SRI. MALLAPPA S/O. KALLAPPA TELI,
AGE. 59 YEARS, OCC. AGRICULTURE,
R/O. NANDESHWAR, TQ. ATHANI,
DIST. BELAGAVI-591304.
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3. SRI. SIDDAPPA S/O. RAMAPPA TELI,
AGE. 45 YEARS, OCC. AGRICULTURE,
R/O. NANDESHWAR, TQ. ATHANI,
DIST. BELAGAVI-591304.
4. SRI. KADU @ KADAPPA
S/O. RAMAPPA @ RAMANNA TELI,
AGE. 49 YEARS, OCC. AGRICULTURE,
R/O. NANDESHWAR, TQ. ATHANI,
DIST. BELAGAVI-591304.
5. SRI. SHRISHAIL S/O. RAMANNA @ MALLAPPA TELI,
AGE. 36 YEARS, OCC. AGRICULTURE,
R/O. NANDESHWAR, TQ. ATHANI,
DIST. BELAGAVI-591304.
6. SRI. NAGU @ NAGAPPA S/O. HANAMANT BIRDI,
AGE. 47 YEARS, OCC. AGRICULTURE,
R/O. NANDESHWAR, TQ. ATHANI,
DIST. BELAGAVI-591304.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1;
SRI. GIRISH A.YADAWAD, ADVOCATE FOR R2 TO R6)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
(3) OF BNSS, PRAYING TO, SET ASIDE THE ORDER DATED
28.07.2025 PASSED IN CRIMINAL MISCELLANEOUS
NO.10124/2025 PASSED BY THE XI ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI TO SIT AT ATHANI GRANTING
ANTICIPATORY BAIL TO THE RESPONDENTS NO.2 TO
6/ACCUSED NO.1, 2, 4, 6 AND 7 IN CONNECTION WITH ATHANI
P.S. CRIME NO.264/2025 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 115(2), 118(1), 191(2), 189(2), 190, 137(2)
191(3), 352, 76, 351(2) OF THE BNS., 2023 BY ALLOWING THE
PRESENT PETITION AND DIRECT THE 1ST RESPONDENT TO
ARREST THE RESPONDENTS NO.2 TO 6/ACCUSED NO.1, 2, 4, 6
AND 7, IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRIMINAL PETITION NO.103187 OF 2025
BETWEEN
1. SRI. RANNAKUMAR S/O. CHINTAMANI UPADHYE,
AGE. 40 YEARS, OCC. AGRICULTURE,
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CRL.P No. 103186 of 2025
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HC-KAR
R/O. MAHISHWADAGI, TAL. ATHANI,
DIST. BELAGAVI-591304.
2. DR. ANAND S/O. CHINTAMANI UPADHYE,
AGE. 40 YEARS, OCC. AGRICULTURE,
R/O. MAHISHWADAGI, TAL. ATHANI,
DIST. BELAGAVI-591304.
...PETITIONERS
(BY SRI. SAJID A.GOODWALA, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
THROUGH IO ATHANI P.S.,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
2. SRI. DHAREPPA S/O. MALLAPPA TELI,
AGE. 33 YEARS, OCC. AGRICULTURE,
R/O. NANDESHWAR, TQ. ATHANI,
DIST. BELAGAVI-591304.
3. SRI. SIDRAYAI S/O. RAMANNA @ TELI,
AGE. 38 YEARS, OCC. AGRICULTURE,
R/O. NANDESHWAR, TQ. ATHANI,
DIST. BELAGAVI-591304.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1;
SRI. GIRISH A.YADAWAD, ADVOCATE FOR R2 AND R3)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
(3) OF BNSS, PRAYING TO, SET ASIDE THE ORDER DATED
30.07.2025 PASSED IN CRIMINAL MISCELLANEOUS
NO.10129/2025 PASSED BY THE XI ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI TO SIT AT ATHANI GRANTING
REGULAR BAIL TO THE RESPONDENTS NO.2 AND 3/ACCUSED
NO.3 AND 5 IN CONNECTION WITH ATHANI P.S. CRIME
NO.264/2025 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 115(2), 118(1), 191(2), 189(2), 190, 137(2) 191(3),
352, 76, 351(2), 118(2), 109(1) OF THE BNS., 2023 BY
ALLOWING THE PRESENT PETITION AND DIRECT THE 1ST
RESPONDENT TO ARREST THE RESPONDENTS NO.2 AND
3/ACCUSED NO.3 AND 5 AND ETC.,.
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HC-KAR
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND
RESERVED ON 15.10.2025, COMING ON FOR PRONOUNCEMENT
OF ORDER THIS DAY, COURT MADE THE FOLLOWING:
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. The petitioners are the complainant and the victim in both
the petitions. They have approached this Court to cancel
the anticipatory bail granted to the respondents/ accused
Nos.1 to 7 by the Trial Court in Crl.Misc. No.10124/2025
and Crl.Misc. No.10129/2025 arising out of Crime
No.264/2025 for the offences punishable under Sections
115(2), 118(1), 191(2), 189(2), 190, 137(2), 191(3), 352,
76, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
Factual matrix of the case:
2. The case of the prosecution is that, the complainant filed a
complaint on 10.07.2025 at about 8.10 p.m., stating that
he is the permanent resident of the address stated in the
complaint. His elder brother was running a school,
namely, Padmavathi International School Zero Point. On
10.07.2025, at about 4.00 p.m., the accused Nos.1 to 7,
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who are the residents of Nandeshwar, in furtherance of
common intention to commit the offence, trespassed the
said school campus and started assaulting the mother of
the complainant, namely, Shobha W/o Chintamani
Upadhye and also they started assaulting the younger
brother of the complainant, namely, Anand Chintamani
Upadhye. Thereafter, the accused kidnapped the
petitioner No.2 and assaulted him indiscriminately and
caused injuries on various parts of his body with intention
to commit the murder.
3. On basis of the said complaint, the respondent-police
registered a case in Crime No.264/2025 against the
respondents/accused Nos.1 to 7 for the offences stated
supra. Immediately, after registration of the case, the
respondents had approached the Trial Court seeking for
anticipatory bail. The bail was grant to the respondents.
The manner in which the bail was granted to the
respondents, is challenged in this petition.
4. Heard Sri.Sajid A Goodwala, learned counsel for the
petitioners, Sri.Jairam Siddi, learned High Court
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Government Pleader for the respondent No.1 - State and
Sri.Girish A.Yadawad, learned counsel for respondents /
accused Nos.1 to 7 in both the petitions.
5. It is the submission of the learned counsel for the
petitioners that, the Trial Court while granting the bail to
the respondents has not assigned the valid reason even
though the said respondents had committed heinous
offence against the petitioners. In fact, the victim No.2 is
a woman. She had been beaten brutally and petitioner
No.2 is the son of victim No.2 was kidnapped by the
respondents and he was assaulted brutally with sharp
edged weapon and caused grievous injuries.
6. It is further submitted that, the manner in which the
assault had taken place would indicate the seriousness of
the offence and also threat to the petitioners. Such being
the fact, granting anticipatory bail without considering the
Witness Protection Act, certainly, would cause imminent
threat to the witnesses and also the injured. Therefore,
the petitions may be allowed and the anticipatory bail may
be cancelled.
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7. The learned HCGP for the respondent No.1 - State adopted
the arguments of learned counsel for the petitioners and
prays to allow the petitions.
8. Per contra, the learned counsel for the respondents /
accused Nos.1 to 7 vehemently submitted that, once the
bail is granted, the bail has to be cancelled upon the
violation of the conditions imposed by the Court at the
time of granting the bail.
9. It is further submitted that, the Trial Court after
considering the nature of the offence, gravity thereof,
impact on the society and also the nexus between the
petitioners and the respondents, allowed the bail
applications. Such being the fact, merely because, the
petitioners happened to be the complainant and the victim
approached this Court to cancel the bail that may not be a
ground to cancel the anticipatory bail. Therefore, the
petitions are deserved to be rejected.
10. Having heard the learned counsel for the respective parties
and also perused the averments of the complaint, it
appears from the record that the petitioners are stated to
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be the complainant and the victim. The respondents are
stated to be the former members of the Society. There are
allegations made against the respondents stating that,
they had been assaulted brutally by the respondents. It is
further noticed that, the Trial Court granted anticipatory
bail without considering the seriousness and gravity of the
offences. It is needless to say that while granting the
anticipatory bail, the Court has to see the impact on the
society and also the protection and interest of the
witnesses.
11. In this context, it is necessary to refer the judgment of the
Hon'ble Supreme Court in the case of PRAKASH KADAM
v. RAM PRASAD VISHWANATH GUPTA1, wherein the
Hon'ble Supreme Court held that even without misuse, the
bail can be cancelled for grave allegations when the lower
Court ignored the materials.
12. In the present case, the learned counsel for the petitioners
made available certain photographs of the injured which
indicates the severity of the offence committed by the
1
(2011) 6 SCC 189
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respondents. Under such circumstances, if anticipatory
bail is confirmed, certainly, a wrong message would go to
the Society at large. In fact, the respondents committed
heinous crime against the petitioners. Therefore, in my
considered view, the Trial Court has committed error in
granting anticipatory bail to the respondents.
13. Hence, I proceed to pass the following:
\
ORDER
i) The Crl.P No.103186/2025 C/w Crl.P No.103187/2025
are hereby allowed.
ii) The order dated 28.07.2025 in Crl.Misc. No.10124/2025
and the order dated 30.07.2025 in Crl.Misc.
No.10129/2025 passed by the XI Additional District and
Sessions Judge, Belagavi sitting at Athani, hereby set
aside.
iii) The anticipatory bail granted to the
respondents/accused Nos.1 to 7, is hereby cancelled.
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iv) The liberty is reserved to the respondent police to take
appropriate action in accordance with law.
Sd/-
(S.RACHAIAH)
JUDGE
UN/CT: UMD
