Citation : 2026 Latest Caselaw 3074 Kant
Judgement Date : 8 April, 2026
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NC: 2026:KHC-D:5264
CRL.P No. 100654 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 08TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100654 OF 2026
(439 OF CR.PC/483 OF BNSS)
BETWEEN:
MAILARAPPA S/O. CHANDRAPPA SATANNAVAR,
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O. GUMMAGOL, TQ. NAVALGUND,
DIST. DHARWAD-582208.
...PETITIONER
(BY SRI R.H.ANGADI, ADVOCATE.)
AND:
THE STATE OF KARNATAKA,
(THROUGH ANNIGERI POLICE STATION),
R/BY THE STATE PUBLIC PROSECUTOR,
Digitally signed by
MALLIKARJUN
HIGH COURT OF KARNATAKA,
RUDRAYYA
KALMATH
Location: High
DHARWAD BENCH, AT DHARWAD-580011.
Court of Karnataka,
Dharwad Bench ...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, 1973 (SECTION 483
OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING
TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON
BAIL WHO IS ARRAYED AS ACCUSED IN ANNIGERI P.S.CRIME
NO.18/2026, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 85, 115(2), 109, 352, 351(2), 351(3) OF BHARATIYA
NYAYA SANHITA, 2023 (UNDER SECTIONS 498(A), 307, 120B,
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CRL.P No. 100654 of 2026
HC-KAR
506, 351, 352 OF IPC) TO MEET THE ENDS OF JUSTICE AND
ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri R.H.Angadi, learned
counsel for petitioner and Sri Abhishek Malipatil, learned
HCGP for respondent State and perused the material placed
before the Court.
2. This petition is filed by the petitioner/accused
under Section 439 of the Criminal Procedure Code, 1973
(Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023)
praying to enlarge the petitioner/accused on bail in Annigeri
P.S. Crime No.18/2026, for the offences punishable under
sections 85, 115(2), 109, 352, 351(2), 351(3) of Bharatiya
Nyaya Sanhita, 2023 (under sections 498A, 307, 120B, 506,
351, 352 of IPC), by allowing this criminal petition.
3. It is the brief case of prosecution as per the
complaint averments that the complainant is wife of the
NC: 2026:KHC-D:5264
HC-KAR
accused/petitioner. There was a family dispute. There was a
quarrel took place between the complainant and mother of
the complainant. In the said quarrel the petitioner had tried
to strangulate the mother of the complainant and assaulted
her. Therefore, with these allegations a complaint was
lodged and a crime was registered. Therefore, the offences
were foisted against the accused as stated above.
4. Learned counsel for petitioner/accused submitted
that it is a matrimonial dispute between husband and wife
which is given colour of criminal offence. Further, the
petitioner is none other than the husband of the
complainant. Further submitted that the entire complaint
averments are false one. Further submitted that the
petitioner is in custody since 18.02.2026. Therefore, prays
to enlarge the petitioner/accused on bail by imposing
conditions.
NC: 2026:KHC-D:5264
HC-KAR
5. The learned HCGP has vehemently objected for
grant of bail to the petitioner and prays to reject the bail
petition.
6. Upon considering the complaint averments it is
revealed that, the petitioner is husband of complainant. It is
alleged in the complaint that there was a quarrel taken
place between the mother of the complainant and the
petitioner and the petitioner has tried to strangulate the old
aged mother of the complainant. Learned HCGP submitted
that the injured has suffered simple injuries. Considering
the averments made in the complaint, basically it is a family
dispute. There is no strong or valid reason that the quarrel
was initiated by the petitioner. The petitioner is in custody
since 18.02.2026 for nearly about 02 months. Therefore,
without expressing any opinion on merits involved in the
case, this Court is of the opinion that the petitioner is liable
to be enlarged on bail by allowing this petition. Hence,
I proceed to pass the following:
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HC-KAR
ORDER
i) The petition is allowed.
ii) The petitioner/accused is ordered to be enlarged
on bail in Annigeri P.S. Crime No.18/2026, for the offences
punishable under sections 85, 115(2), 109, 352, 351(2),
351(3) of Bharatiya Nyaya Sanhita, 2023 (under sections
498A, 307, 120B, 506, 351, 352 of IPC), subject to the
following conditions.
a) The petitioner 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.
b) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the Court.
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HC-KAR
c) The petitioner shall not tamper and
threaten the prosecution witnesses in any
manner.
d) The petitioner shall mark his
attendance before the concerned police station
on every Saturday between 11.00 a.m. to
02.00 p.m.
e) The petitioner shall attend the Court
regularly during the trial without fail. If not
attend for consecutive two times it entails
cancellation of bail.
iii) Violation of any of the conditions imposed would
entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE
MRK CT-AN List No.: 2 Sl No.: 23
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