[Cites 11, Cited by 0]
Karnataka High Court
Jakaraya @ Jakappa vs The State Of Karnataka on 2 April, 2026
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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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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
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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
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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.
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(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.
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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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(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
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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
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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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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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ORDER
The petition is dismissed.
Sd/-
(G BASAVARAJA)
JUDGE
SDU
LIST NO.: 1 SL NO.: 10
CT-BH
