Sri. Krishnappa @ Krishna vs The State Of Karnataka
2026 Latest Caselaw 1857 Kant

Citation : 2026 Latest Caselaw 1857 Kant
Judgement Date : 26 February, 2026

[Cites 6, Cited by 0]

Karnataka High Court

Sri. Krishnappa @ Krishna vs The State Of Karnataka on 26 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                              NC: 2026:KHC:12026
                                                         CRL.P No. 15476 of 2025


                      HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 26TH DAY OF FEBRUARY, 2026

                                             BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL PETITION NO. 15476 OF 2025
                                     (439(Cr.PC) / 483(BNSS))


                      BETWEEN:

                      1.   SRI. KRISHNAPPA @ KRISHNA
                           S/OLATE SRI KALIDASAIAH
                           AGE ABOUT 58 YEARS
                           R/O HULIBELE JANATHA COLONY
                           HULIBELE, KASABA HOBLI
                           KANAKAPURA TALUK
                           BENGALURU SOUTH
                           DISTRICT 562117.


                                                                   ...PETITIONER

                      (BY SRI. ABHINAV ANAND K..,ADVOCATE)
Digitally signed by
LAKSHMINARAYANA       AND:
MURTHY RAJASHRI
Location: HIGH
COURT OF              1.   THE STATE OF KARNATAKA
KARNATAKA
                           BY SHO OFK KANAKAPURA RURAL POLICE STATION
                           KANAKAPURA,
                           BENGAURU SOUTH DISTRICT
                           REP BY THE LEARNED STATE PUBLIC PROSECUTOR
                           HIGH COURT BUILDINGS
                           BENGALURU 560001

                                                                  ...RESPONDENT

                      (BY SRI. HARISH GANAPATHY, HCGP)
                             -2-
                                        NC: 2026:KHC:12026
                                   CRL.P No. 15476 of 2025


HC-KAR




     THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO GRANT HIM REGULAR BAIL BY
ALLOWING THIS PETITION AND FURTHER BE PLEASED TO
DIRECT THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, RAMANAGARA AS IN CHARGE III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN SC
NO.54/2025 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 66, 103(1) AND 115(2) OF BNS 2023 ARISING OUT
OF CRIME NO.39/2025 OF THE RESPONDENT-POLICE STATION.

    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 sole accused under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying

to grant bail in Crime No.39/2025 of Kanakupura Rural

Police Station registered for the offences punishable under

Sections 66, 103(1) and 115(2) of Bharatiya Nayay

Sanhita, 2023.

2. Heard the learned counsel for petitioner and the

learned High Court Government Pleader for

respondent/State.

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3. The learned counsel for petitioner would

contend that the body of the deceased was taken to

mortuary, and inquest was held in the mortuary. Who has

taken the body to the mortuary/hospital has not been

stated by the complainant in her complaint. In the post-

mortem report, the cause of death is mentioned as

fracture to right femur sustained. CW2 and CW5, who are

husband and son of the deceased, have stated that there

was a fracture of right leg of the deceased prior to the

incident. The deceased was bed ridden, and she was not in

a position to move from the bed, and she was aged 80

years. The petitioner is aged 58 years, and he belonged to

Scheduled Caste, and complainant family belonged to

upper class. There was an enmity between the petitioner,

as a member of Panchayath in the year 2000, he caught

the relative of the complainant when they were dealing

with illicit excise materials, and that the complainant's

family girl had eloped with a boy, who is related to the

petitioner. The charge sheet is filed, and therefore, the

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petitioner is not required for further custodial

interrogation. The petitioner is in judicial custody since last

eleven months. With this, he prayed to allow the petition.

4. Per contra, the learned High Court Government

Pleader for respondent/State would contend that the

deceased is aged about 80 years, and she was bed ridden.

This petitioner was found by CW1 naked and sleeping on

the deceased. CW1 and CW2 are the eye witnesses to the

incident. Out of them, CW2/husband of the deceased has

sustained injury. The statement of CW1 has been recorded

under Section 183 of BNSS. As the petitioner assaulted on

the leg, there was a fracture, and due to which, the

deceased died. The relatives of the deceased have stated

in their statements that they have taken the deceased to

hospital immediately after the incident for treatments, and

she was found dead in the hospital. The charge sheet

materials show a prima facie case against the petitioner

for the offences alleged against him. With this, he prayed

to reject the petition.

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5. Having heard the learned counsel, 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 the deceased was aged about 80 years,

she was bed ridden and she was residing with her

husband. That on 20.03.2025 at about 08.50 p.m. the

petitioner is found sleeping on the deceased by CW1, and

when she raised an alarm, CWs.2 to 4 came there, and the

petitioner was naked, took his nicker, and ran away, and

at that time, he dashed CW2, and he fell down, and

sustained injury.

7. CW1 to CW5 are the eyewitnesses to the

incident. Out of them, CW2 is the injured. The deceased

was aged 80 years. CW2 and CW5, who are husband and

son of the deceased, have stated that earlier there was a

fracture of right leg of the deceased. The doctor, who

conducted the examination of the dead body of the

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deceased, has opined that the death is due to neurogenic

shock as a result of fracture of right femur sustained.

8. The learned counsel for petitioner submits that

the cause of death is not as a result of the alleged act of

the petitioner, but because, she was aged 80 years, and

she had sustained fracture of her right leg. The petitioner

is aged 58 years, and there are no criminal antecedents of

the petitioner. Whether the petitioner has committed the

alleged act is a matter of trial.

9. Considering the above, the petitioner has made

out a case for grant of bail with conditions.

In the result, the following:

ORDER

i) The petition is allowed.

ii) The petitioner is granted bail in Crime

No.39/2025 of Kanakupura Rural Police station registered

for the offences punishable under Sections 66, 103(1) and

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115(2) of Bharatiya Nayay Sanhita, 2023 subject to

following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.