Basavaraja @ Basavarajappa vs State Of Karnataka
2026 Latest Caselaw 1549 Kant

Karnataka High Court

Basavaraja @ Basavarajappa vs State Of Karnataka on 20 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                  -1-
                                                              NC: 2026:KHC:10644
                                                         CRL.P No. 15077 of 2025


                      HC-KAR




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 20TH DAY OF FEBRUARY, 2026

                                               BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                       CRIMINAL PETITION NO. 15077 OF 2025 (438(Cr.PC) /
                                             482(BNSS))
                      BETWEEN:



                      1.    BASAVARAJA @ BASAVARAJAPPA
                            S/O HANUMANTHAPPA
                            AGED ABOUT 43 YEARS
                            AGRICULTURIST

                      2.    HANUMANTHAPPA
                            S/O SURAPPA
                            AGED ABOUT 75 YEARS
                            AGRICULTURIST

                            BOTH ARE RESIDING AT
                            ERAGANHALLI VILLAGE
                            CHANNAGIRI TALUK
                            DAVANAGERE, DISTRICT-577 552.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI                                                   ...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA
                      (BY SRI VINOD N, ADVOCATE FOR
                      SRI SUNIL S NARAYAN, ADVOCATE
                       V/O DTD. 20.02.2026, PETITION BY
                       PETITIONER No.2 IS DISMISSED AS NOT PRESSED)

                      AND:

                      1.    STATE OF KARNATAKA
                            BY SANTHEBENNUR POLICE STATION
                            DAVANAGERE.
                            REP. BY ITS PUBLIC PROSECUTOR
                            -2-
                                       NC: 2026:KHC:10644
                                 CRL.P No. 15077 of 2025


HC-KAR




    HIGH COURT COMPLEX
    BENGALURU - 560 001

                                           ...RESPONDENT

(BY SRI M R PATIL, HCGP)

     THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE
ANTICIPATORY BAIL TO PETITIONERS I.E ACCUSED No.1 AND
4 HEREIN ON BAIL IN CR.No.161/2025 REGISTERED BY
SANTHEBENNUR P.S. REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 351,352,115(2),76,78,49,190
OF BNS 2023.

    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 petitioners -accused Nos.1

and 4 under Section 482 of BNSS praying to grant

anticipatory bail in Crime No.161/2025 of Santhebennur

Police Station registered for offences punishable under

Sections 351, 352 and 115(2), 76, 78, 49 and 190 of BNS.

2. Learned counsel for the petitioner has not

pressed petition by petitioner No.2 -accused No.4 on the

ground that charge sheet has not been filed against

petitioner No.2 -accused No.4.

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3. Heard learned counsel for the petitioner and

learned High Court Government Pleader for the respondent

-State.

4. Learned counsel for the petitioner would

contend that the investigation is over, charge sheet has

been filed and therefore, petitioner No.1 -accused No.1 is

not required for custodial interrogations. The offences

alleged against the petitioner are not punishable either

with death or imprisonment for life. The wife of petitioner

No.1 has filed complaint against the first informant and

her husband registered in Crime No.162/2025. In that

case, they have been granted anticipatory bail by Sessions

Court. Offence against the petitioner is not punishable

either with death or imprisonment for life. The maximum

sentence that can be imposed is imprisonment for 05

years. There are no criminal antecedents of the petitioner.

There is case and counter case. With this, he prayed to

allow the petition.

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5. Per contra, learned High Court Government

Pleader for the respondent -State would contend that

C.W.4 and C.W.5 are witnesses to the incident. In the

incident, C.W.1 has sustained two simple injuries. The

charge sheet materials show prima facie case against the

petitioner. With these, he prays to reject the petition.

6. Having heard learned counsels, the Court has

perused the charge sheet and other materials placed on

record.

7. As per charge sheet, the case of the

prosecution is that petitioner No.1 -accused No.1 and his

wife -accused No.2 Indramma were having an enmity and

in that regard they had put firewood and for that C.W.1

has asked them to remove the said firewood. Therefore,

on 19.09.2025 at about 07.30a.m., accused Nos.1 and 2

abused C.W.1 in filthy words and assaulted on her mouth

and abused her stating that she is devadasi etc., and gave

life threat. The said alleged incident has taken place on

19.09.2025 at 07.30 a.m. Petitioner No.1's wife has also

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filed complaint against C.W.1 and her husband and it is

registered in Crime No.162/2025 and date of offence is

19.02.2025 at 08.00 a.m. Considering the said aspect,

there is case and counter case. In the counter case,

accused persons have been granted anticipatory bail. In

the case on hand, as the charge sheet is filed, petitioner

No.1 is not required for custodial interrogation. The

offences alleged against the petitioner No.1 are not

punishable either with death or imprisonment for life. The

petitioner has undertaken to appear before the trial Court

and abide by any conditions to be imposed by this Court.

There are no criminal antecedents of the petitioner.

Considering the above aspects, the petitioner has made

out case for grant of anticipatory bail with conditions.

8. In the result, the following

ORDER

i) The petition is allowed.