Citation : 2026 Latest Caselaw 3069 Kant
Judgement Date : 8 April, 2026
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CRL.P No. 200472 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO.200472 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
RAVICHANDRA
S/O OMKAR ANSHETTY
AGE: 25 YEARS, OCC: CLOTH BUSINESS,
R/O NARONA VILLAGE, TQ: ALAND,
DIST: KALABURAGI.
...PETITIONER
(BY SRI RAJESH DODDAMANI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
NARONA POLICE STATION,
Digitally signed by
RAMESH KALABURAGI DISTRICT,
MATHAPATI
NOW REPRESENTED BY
Location: HIGH
COURT OF THE ADDITIONAL STATE PUBLIC PROSECUTOR,
KARNATAKA HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585105.
...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 ALLOW THIS PETITION AND
ENLARGE THE PETITIONER/A-1 (AS PER CHARGE SHEET) ON
BAIL IN CONNECTION WITH CRIME NO.91/2025) OF NARONA
POLICE STATION, KALABURAGI DISTRICT REGISTERED FOR
THE OFFENCES 189(2), 191(2), 191(3), 61(2)(A), 329(3) AND
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CRL.P No. 200472 of 2026
HC-KAR
103(1) R/W SECTION 190 OF THE BHARATIYA NYAYA
SANHITA, 2023 NOW PENDING IN S.C.NO.236/2025 ON THE
FILE OF 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE,
KALABURAGI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
Heard learned counsel for the petitioner and learned
High Court Government Pleader for the respondent/State.
2. The petitioner, who is accused No.1 has filed
this petition under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for grant of regular bail in Crime
No.91/2025 of Narona Police Station, Kalaburagi for the
offences punishable under Sections 189(2), 191(2),
191(3), 61(2)(a), 329(3) and 103(1) read with Section
190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the
BNS') pending in S.C. No.236/2025 before the III
Additional District and Sessions Judge, Kalaburagi.
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3. On the basis of the complaint filed by
Gurulingappa S/o Channabasappa Heera, Narona Police
have registered the case in Crime No.91/2025 against
accused Nos.1 to 4 and others for the commission of
offences under Sections 189(2), 191(2), 191(3), 329(3)
and 103 read with Section 190 of the BNS. During the
course of investigation, the Investigating Officer has
arrested the present petitioner on 26.04.2025 and
produced before the Court. The accused was remanded to
judicial custody and he was in judicial custody till this day.
4. The bail application filed by the petitioner in
Criminal Miscellaneous No.222/2026 before the III
Additional District and Sessions Judge, Kalaburagi came to
be rejected on 06.03.2026. Hence, the petitioner has filed
this petition.
5. I have examined the material placed before this
Court. The Investigating Officer has already submitted the
chargesheet against accused Nos.1 to 7 for the
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commission of offences under Sections 189(2), 191(2),
191(3), 61(2)(a), 329(3) and 103(1) read with Section
190 of the BNS.
6. It is submitted by the learned counsel for the
petitioner that accused Nos.6, 7 and 5 have already been
released on bail by the Trial Court in Criminal
Miscellaneous Nos.771/2025, 669/2025 and 924/2025
respectively. It is further submitted that accused No.3 has
already been released on bail as per the order of this
Court in Criminal Petition No.201403/2025 on 19.09.2025.
Accused No.2 has already been released on bail as per the
order of this Court in Criminal Petition No.201435/2025 on
24.09.2025. Accused No.4 has already been released on
bail as per the order of this Court in Criminal Petition
No.201342/2025 on 12.09.2025. The present petitioner
has filed the petition in Criminal Petition No.201596/2025.
The same was withdrawn as per order dated 13.11.2025.
Subsequently, another petition was filed in Criminal
Petition No.200097/2026, which also came to be dismissed
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as withdrawn with liberty to file bail petition on medical
grounds as per order dated 28.01.2026. Now the
petitioner has filed this petition on following grounds:
"1.The Petitioner is a law-abiding citizen and is in no way connected to the offences alleged.
2. It is submitted that there is no prima-facie case made out against the petitioner.
3. It is submitted that the petitioner has been implicated at the instance of their ill-wishers.
4. It is submitted that there are no eye witnesses to the incident and the entire case of prosecution is based on circumstantial evidence and the chain of the circumstances will have to be established by the prosecution after a full dressed trial, if the petitioner is kept behind bars till the conclusion of trial he would be put to great hardship and irreparable loss hence the petitioner may kindly be granted bail.
5. It is submitted that except of the voluntary statement of petitioner there is absolutely no material placed in the charge sheet to implicate the petitioner in the present case, hence the petitioner may kindly be enlarged on bail.
6. It is submitted that the prosecution alleges that blood stained shirts and a knife was recovered at the
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instance of petitioner., however upon perusal of the FSL report it becomes crystal clear that the blood stained shirts seized at the instance of petitioner do not contain the blood stains which could be attributed to that of the deceased, hence the petitioner deserves to be granted bail.
7. It is submitted that the petitioner is suffering from Cholelithiasis (Kidney Allment) and was hospitalized in GIMS hospital from 24/11/2025 to 01/12/2025 and has undergone surgery for the same, hence the petitioner may kindly be granted bail on medical grounds.
8. It is submitted that similarly placed accused no.2 has been granted bail by this Hon'ble Court vide order dated 24/09/2025 passed in Crl P No 201435/2025 hence the petitioner may kindly be granted bail on the ground of parity.
9. It is submitted that similarly placed accused no.4 has been granted bail by this Hon'ble Court vide order dated 12/09/2025 passed in Crl P No 201342/2025 hence the petitioner may kindly be granted bail on the ground of parity.
10. It is submitted that similarly placed accused no.3 has been granted bail by this Hon'ble Court vide order dated 19/09/2025 passed in Crl P No
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201403/2025, hence the petitioner may kindly be granted bail on the ground of parity.
11. It is submitted that the Co-accused have been granted bail by the Hon'ble Sessions Court vide orders passed in CR.MISC NO 771/2025,669/2025.,924/2025, hence the petitioner may kindly be granted bail on the ground of parity.
12. It is submitted that the petitioner has been arrested and sent to judicial custody on 26/04/2025, now since the Investigation is completed and charge sheet is filed, the presence of the petitioner for the purpose of interrogation or recovery is no more required, hence the petitioner may kindly be enlarged on bail.
13. It is submitted that the petitioner is the only bread winner of the family and have the responsibility of taking care of his family, hence the petitioner may kindly be enlarged on bail.
14. It is submitted that the petitioner belongs to a respectable family having deep roots in the society.
15. It is submitted that the petitioner is a permanent resident of the address shown in the cause title, having both moveable and immoveable property, hence the question of petitioner fleeing away from
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justice does not arise, hence the petitioner may kindly be granted bail.
16. It is instructed that the petitioner has no criminal antecedents and is ready and willing to abide by any conditions imposed by this hon'ble court and is also ready to furnish solvent surety to the satisfaction of this Hon'ble Court.
17. It is submitted that no other bail application is pending before any other court of law which is filed by the petitioner herein."
7. To substantiate the grounds urged in the
petition, the petitioner has produced the documents issued
by the GIMS.
8. I have examined the materials placed before
this Court. The present case is based upon the
circumstantial evidence. The accused is not required for
further investigation. After arrest of the accused, the
Investigating Officer has recorded the voluntary
statement, on that basis, he has seized certain materials.
It is alleged by the prosecution that accused No.4 tightly
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caught hold the deceased's legs. At that time, accused
No.1 stabbed the deceased with knife. Accused No.4 has
already been released on bail by this Court as per order
dated 12.09.2025 in Criminal Petition No.201342/2025. It
is admitted that trial has not yet commenced. The accused
has been in judicial custody for nearly one year from the
date of arrest. At the time of granting bail to accused
No.4, in paragraph No.8 of the order, this Court has
observed as under:
"8. Admittedly, there are no eyewitnesses to the incident. The prosecution places reliance on various circumstances. However, admittedly there is no recovery at the instance of the present petitioner. As per Column No.17 of the charge-sheet, the petitioner being accused No.4 was holding the legs of the deceased, while accused Nos.1 to 3 who were armed with weapons as stated above and assaulted the deceased repeatedly. It is not the contention of the prosecution that, the petitioner is arraigned as accused either in Crime No.3/2025 or in 4/2025 of Narona Police Station. It is not the
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contention of the prosecution that the petitioner is having any criminal antecedents. Accused Nos.5 to 7, against whom there are no allegations in the charge-sheet, are said to have already been enlarged by the Trial Court."
9. Considering the facts and circumstances of this
case and keeping in the mind of the orders passed by this
Court in Criminal Petition Nos.201403/2025, 201435/2025
and 201342/2025 and also the medical records produced
by the petitioner, at this stage, it is just and proper to
release the accused on bail with conditions on the principle
of parity. Accordingly, I proceed to pass the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in
Crime No.91/2025 of Narona Police Station, Kalaburagi for
the offences punishable under Sections 189(2), 191(2),
191(3), 61(2)(a), 329(3) and 103(1) read with Section
190 of the Bharatiya Nyaya Sanhita, 2023, pending in S.C.
No.236/2025 before the III Additional District and
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Sessions Judge, Kalaburagi, subject to the following
conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the III Additional District and Sessions Judge at Kalaburagi in S.C.No.236/2025;
b) Petitioner shall not tamper with the prosecution witnesses or threaten the prosecution witnesses in any manner;
c) Petitioner shall appear before the Trial Court on all dates of hearing without fail.
d) Petitioners shall not indulge in similar offences in future;
e) The Registry is directed to send the copy of this order to the Trial Court.
Sd/-
(G BASAVARAJA) JUDGE
RSP List No.: 1 Sl No.: 23 CT: BH
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