[Cites 0, Cited by 0]
Karnataka High Court
Sadashiv S/O. Ramanna Yammennaver vs The State Of Karnataka on 4 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2026:KHC-D:1569
CRL.P No. 100006 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 4TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100006 OF 2026
(438(CR.PC)/482(BNSS))
BETWEEN:
SADASHIV S/O. RAMANNA YAMMENNAVER
AGE 42 YEARS, OCC. AGRICULTURE,
R/O. CHIKKALAKI, TQ. JAMKHANDI,
DIST BAGALKOT 586 113.
...PETITIONER
(BY SRI. MAHANTESH R. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH SAVALAGI POLICE STATION,
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD 580002.
...RESPONDENT
Digitally signed by
CHANDRASHEKAR
LAXMAN (BY SRI. P.N. HATTI, HCGP)
KATTIMANI
Location: HIGH
COURT OF
KARNATKA
DHARWAD BENCH
Date: 2026.02.05
11:42:31 +0530 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. (U/S. 482 OF BNSS, 2023) PRAYING TO ENLARGE
THE PETITIONER/ACCUSED NO. 1 ON ANTICIPATORY BAIL IN
SAVALAGI P.S. CRIME NO. 181/2025 FOR THE OFFENCE
P/U/SEC. 126(2), 115(2), 118(1), 352, 351(1) OF BNS,
PENDING ON THE FILE OF PRL. CIVIL JUDG AND JMFC COURT
JAMKHANDI, IN THE INTEREST OF JUSTICE.
-2-
NC: 2026:KHC-D:1569
CRL.P No. 100006 of 2026
HC-KAR
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri. Mahantesh R. Patil, learned counsel
for the petitioner and Sri. P. N. Hatti, learned High Court
Government Pleader for respondent-State.
2. Petitioner is alleged to have committed offences
punishable under Sections 126(2), 115(2), 118(1), 352 and
351(1) of Bharatiya Nyaya Sanhita, 2023, has filed this
petition with the following prayer:
"Wherefore, it is most humbly prayed that,
this Hon'ble Court be pleased enlarge the
petitioner/accused No.1 on anticipatory bail in
Savalagi P.S. Crime No.181/2025 for the offences
punishable Under Section 126(2), 115(2), 118(1),
352, 351(1) of Bharatiya Nyaya Sanhita, 2023
pending on the file of Prl. Civil Judge and JMFC
Court, Jamkhandi, in the interest of justice and
equity."
NC: 2026:KHC-D:1569
HC-KAR
3. The incident is occurred on 23.11.2025, between
09.29 p.m. and 9.30 p.m., when the injured was proceeding
on his motorcycle through agricultural land.
4. The motive for the incident, as stated in the
complaint averments, is that there was an improper
partition of property, on account of which a rift had arisen
between the petitioner and the accused.
5. On the day of incident, the petitioner said to
have taken advantage of the loneliness of the injured who
was proceeding on motorcycle restrained him from free
movement and thereafter, assaulted on the right thumb of
the injured with the help of an axe and assaulted on other
parts of the body.
6. The injured has suffered simple injury and he has
been rescued by his brother and son-in-law and sent to the
Sanadi Hospital, Jamakhandi for treatment.
NC: 2026:KHC-D:1569
HC-KAR
7. From the date of commission of the offence,
petitioner is not available for investigation.
8. Attempt made by the petitioner to obtain an
order of anticipatory bail is turned down by the learned
District Judge. Thereafter, the petitioner is before this
Court.
9. Learned counsel for the petitioner would contend
that a trivial incident has been blown out of proportion and
a false complaint has been filed against the petitioner.
Therefore, he sought for allowing of the petition.
10. Per contra, learned High Court Government
Pleader for respondent-State opposes the bail ground by
contending that the petitioner has used the axe to assault
the injured, which shows that he had every intention to take
away the life of the injured and it is a missed opportunity so
far as the injured is concerned and sought for rejection of
the petition.
NC: 2026:KHC-D:1569
HC-KAR
11. Having heard the arguments of both sides, this
Court perused the material on record meticulously.
12. On such perusal of the material on record, it is
noted that there was a previous enmity between the parties
on account of improper partitioning of the property and
portion of the property that has fallen to the share of the
complainant is not a usable property and therefore, it was
treated as corrupt land and some additional property was
given to compensate the same.
13. Whether at all, the petitioner had intention to
commit the grave offence or not cannot be decided by this
Court at this stage by holding a mini trial.
14. Admittedly, the petitioner is not available for
investigation and investigation has crippled.
15. Accordingly, directing the petitioner to join the
investigation and co-operate with the Investigation Officer
NC: 2026:KHC-D:1569
HC-KAR
would meet the ends of justice including the limited
custodial interrogation.
16. Hence, the following:
ORDER
(i) The petition is allowed.
(ii) Petitioner is directed to join the
investigation by appearing before the
Investigation Officer on 16.02.2026 at
10.00 a.m.
(iii) Investigation Officer is at liberty to take
him to custody and conclude the
custodial interrogation on the same day
before 06.00 p.m. and thereafter,
enlarged the petitioner on bail by taking
a bond in a sum of Rs.50,000/- with
one surety for the like sum to the
satisfaction of the Investigation Officer.
NC: 2026:KHC-D:1569
HC-KAR
(iv) Petitioner shall co-operate for the
investigation in all respects.
(v) Petitioner shall not threaten the
prosecution witnesses in any manner.
(vi) Petitioner shall attend the Court
regularly.
(vii) Petitioner shall mark his attendance
before the Investigation Officer between
10.00 a.m. to 02.00 p.m. on every third
Sunday till filing of the final report.
(viii) Petitioner shall not leave the jurisdiction
of Bagalkote District without prior
permission.
Violation of any one of the conditions would entitle the
prosecution to seek for cancellation of bail.
Sd/-
(V.SRISHANANDA)
JUDGE
SMM CT:CMU
LIST NO.: 1 SL NO.: 14
