[Cites 4, Cited by 0]
Karnataka High Court
Shri. Siddaram @ Siddappa vs State Of Karnataka By on 12 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8716
CRL.P No. 17550 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17550 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. SHRI. SIDDARAM @ SIDDAPPA
S/O DEVENDRAPPA
AGED ABOUT 25 YEARS
R/AT BHIMANAHALLI
CHITTAPURA TALUK
GULBARGA DISTRICT
2. HONAPPA
S/O LATE MALAPPA
AGED ABOUT 26 YEARS
DARKAS PETTE, CHITHAPURA TALUK
GULBARGA DISTRICT
...PETITIONERS
(BY SRI. P. PRASANNA KUMAR, ADVOCATE FOR
SRI. SOMEGOWDA A.N, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
AND:
COURT OF
KARNATAKA
STATE OF KARNATAKA BY
HOSAKOTE POLICE STATION
HOSAKOTE SUB DIVISION
BENGALURU DISTRICT
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
AMBEDKAR VEEDHI
BENGALURU-560 001
...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDL. SPP)
-2-
NC: 2026:KHC:8716
CRL.P No. 17550 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE
THE PETITIONER NO.1 AND 2/ ACCUSED NO.1 AND 2 ON BAIL
IN CR.NO.308/2025 DATED 14.11.2025 REGISTERED BY THE
RESPONDENT/HOSAKOTE POLICE STATION FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTION 103 R/W SEC.3(5)
OF THE BNS, 2023 PENDING ON THE FILE OF THE PRL.CIVIL
JUDGE (JR.DN.) AND CJM COURT, HOSAKOTE, BENGALURU
RURAL DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos.1 and 2 under
Section 483 of BNSS praying to grant bail in Crime
No.308/2025 of Hosakote Police Station, registered for
offences under Section 103 read with 3(5) of BNS.
2. Heard the learned counsel for the petitioners and
learned Additional SPP for respondent/State.
3. Learned counsel for the petitioner would contend
that the alleged incident has taken place when the
petitioners and deceased were consuming alcohol. The
deceased was insisting the petitioners to get him alcohol.
But the deceased had already drunk and he was under
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intoxication and at that time there was a quarrel between
the deceased and the petitioners. The petitioners alleged
to have assaulted the deceased with hands. As a result,
the deceased died. The petitioners have not used any
weapon to assault the deceased. The incident has taken
place in a sudden quarrel. There was no any intention on
the part of the petitioners to kill the deceased. The offence
under Section 103(1) of BNS is not attracted and at the
most, the case comes under Exception 4 of Section 101 of
BNS. Even the statement of CW.2, eyewitness has been
recorded, who has stated the assault by the petitioners
with hands to the deceased. The name of the eyewitness
is also stated in the complaint. But the statement of the
eyewitness has been recorded on 04.12.2025 even though
the incident has taken place on 13.11.2025. As the charge
sheet is filed, the petitioners are not required for further
custodial interrogation. There are no criminal antecedents
of the petitioners. With this, he prayed to allow the
petition.
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4. Per contra, learned Additional SPP would contend
that the incident has been witnessed by CW.2. CW.2 has
specifically stated regarding petitioners assaulting the
deceased on his neck, head and cheek with hands several
times. The Doctor who conducted PM examination over the
dead body of the deceased has opined that death is due to
cervical cord injuries sustained. The assault is on the neck
and there is injury to cervical cord as the petitioners have
assaulted the deceased on his neck. The charge sheet
material show prima-facie case against the petitioners for
offences alleged against them. With this, he prayed to
reject the petition.
5. Having heard the learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
6. As per the charge sheet the case of the
prosecution is that on 13.11.2025 at about 10.00 p.m.
when petitioner Nos.1 and 2 were consuming alcohol in
front of Srinivas Wine Stores, at that time, the deceased
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came there and asked them to get him the alcohol. The
petitioners have refused as he was already under
intoxication. At that time the deceased abused the
petitioners in filthy words and held the collar of accused
No.1, at that time accused Nos. 1 and 2 have assaulted
the deceased with hands on his neck and as a result, he
died. The alleged incident has taken place in a sudden
quarrel between petitioners and the deceased. Both the
petitioners and the deceased were under intoxication.
Whether the petitioners had intended to cause the death
of the deceased is a matter of trial. The petitioners have
not used any weapon to assault the deceased. The assault
is stated to be by hands. CW.2 is the eyewitness to the
incident and he has stated regarding the petitioners
assaulting the deceased with hands. As the charge sheet is
filed, the petitioners are not required for further custodial
interrogation. There are no criminal antecedents of the
petitioners.
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7. Considering the above aspects, the petitioners
have made out case for grant of bail with conditions. In
the result, the following:
ORDER
The petition is allowed. The petitioners are granted
bail in Crime No. 308/2025 of Hosakote Police Station,
subject to following conditions:
(i) Petitioners shall execute a personal bond
for a sum of Rs.1,00,000/- each, with one
surety for the like-sum to the satisfaction
of the jurisdictional Court.
(ii) Petitioners shall not tamper the
prosecution witnesses either directly or
indirectly.
(iii) Petitioners shall attend the trial Court on
all dates hearing unless exempted and
cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 32
