Shri Nagaraj S/O Narayan Naik vs The State Of Karnataka
2026 Latest Caselaw 878 Kant

Citation : 2026 Latest Caselaw 878 Kant
Judgement Date : 5 February, 2026

[Cites 0, Cited by 0]

Karnataka High Court

Shri Nagaraj S/O Narayan Naik vs The State Of Karnataka on 5 February, 2026

Author: V.Srishananda

Bench: V.Srishananda

                                                       -1-
                                                                  NC: 2026:KHC-D:1655
                                                             CRL.P No. 105490 of 2025


                      HC-KAR



                       IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                          DATED THIS THE 5TH DAY OF FEBRUARY, 2026
                                             BEFORE
                           THE HON'BLE MR. JUSTICE V.SRISHANANDA
                             CRIMINAL PETITION NO. 105490 OF 2025
                                    (438(CR.PC)/482(BNSS))
                      BETWEEN:
                      SHRI NAGARAJ S/O NARAYAN NAIK
                      AGE. 55 YEARS, OCC. AGRICULTURE,
                      R/O. SHGIHALLI, SHELOOR,
                      TQ SIDDAPUR, DIST UTTARA KANNADA-577429.
                                                                           ...PETITIONER
                      (BY SRI. T.R. PATIL, ADVOCATE)

                      AND:
                      THE STATE OF KARNATAKA,
                      BY SIDDAPUR P.S
                      R/BY STATE PUBLIC PROSECUTOR
                      HIGH COURT OF KARNATAKA,
                      BENCH DHARWAD-580011.
                                                                          ...RESPONDENT
                      (BY SRI. P.N. HATTI, HCGP)
                             THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
Digitally signed by
CHANDRASHEKAR
                      BNSS, PRAYING TO DIRECT THE INVESTIGATING OFFICER IN CHARGE
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
                      OF THE SIDDAPUR POLICE STATION CRIME NO.186/2025 REGISTERED
Dharwad Bench.


                      AGAINST THIS PETITIONER/ACCUSED NO.1 FOR THE OFFENCES
                      PUNISHABLE UNDER SECTION 105 AND 238 R/W SECTION 3 (5) OF
                      BNSS-2023 TO RELEASE THIS PETITIONER ON ANTICIPATORY BAIL,
                      IN THE EVENT OF HIS ARREST, IN THE SAID CRIME, PENDING ON THE
                      FILE OF PRL. CIVIL JUDGE AND JMFC COURT SIRSI, UTTARA
                      KANNADA, IN THE INTEREST OF JUSTICE.


                             THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY,
                      ORDER WAS MADE THEREIN AS UNDER:
                                     -2-
                                                   NC: 2026:KHC-D:1655
                                             CRL.P No. 105490 of 2025


HC-KAR



                             ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard Sri. T. R. Patil, learned counsel for the

petitioner and Sri. P. N. Hatti, learned High Court

Government Pleader for respondent-State.

2. Present petition is filed under 482 of Bharatiya

Nyaya Suraksha Sanhita, 2023 with the following prayer:

"Wherefore, the petitioner/accused No.1 prays that this Hon'ble Court be pleased to direct the Investigating Officer in charge of the Siddapur Police Station Crime No.186/2025 registered against this petitioner/Accused No.1 for the offences punishable under Section 105 and 238 R/w. Section 3(5) of BNSS-2023 to release this petitioner on anticipatory bail, in the event of his arrest, in the said crime pending on the file of Civil Judge and JMFC Court, Siddapur, in the interest of justice."

3. Facts in nutshell which are utmost necessary for

disposal of the case are as under:

3.1. Sri. Vishnu S/o. Bangarya Achari, lodged a

complaint with Siddapura Police Station stating that his

father was found dead in a river and on information when

NC: 2026:KHC-D:1655

HC-KAR

he went and saw, he came to know that he was

electrocuted at the first instance and in order to make it

appear that it was a case of suicide, the body of his father

has been thrown in the river.

4. Based on the complaint, police registered the

case in Crime No.186/2025 for the offences punishable

under Sections 105 and 238 read with Section 3(5) of

Bharatiya Nyaya Sanhita, 2023. Police are investigating the

matter.

5. The present petitioner is shown as accused No.1

in the FIR and he is not available to the Investigation

Agency for investigation and therefore, investigation has

crippled.

6. Other two accused have been granted regular

bail.

7. Attempt made by the petitioner to obtain an

order of grant of anticipatory bail is denied by the learned

District Judge and thereafter, the petitioner is before this

Court.

NC: 2026:KHC-D:1655

HC-KAR

8. Learned counsel for the petitioner reiterating the

grounds urged in the petition vehemently contended that

the petitioner is innocent of the offences alleged against

him.

9. He would further contend that there is no nexus

between the petitioner and the alleged incident and he has

been falsely implicated in this case. The petitioner is

prepared to join the investigation and co-operate with the

Investigation Agency in all respects and therefore, sought

for grant of anticipatory bail.

10. Per contra, learned High Court Government

Pleader for respondent-State opposes the bail grounds by

contending that from the date of the complaint, petitioner is

absconding, as such, he cannot be termed as a law-abiding

citizen.

11. He would further contend that in a matter of this

nature especially when there is a specific allegation that the

deceased has been first electrocuted and thereafter, thrown

NC: 2026:KHC-D:1655

HC-KAR

into the flowing river to depict the incident as a suicide or

an unnatural death.

12. He would further contend that the petitioner and

others have conspired together and thrown the dead body

in order to screen the evidence of the offence. Therefore, he

sought for rejection of the petition.

13. Having heard the arguments of both sides, this

Court perused the material on record meticulously.

14. On such perusal of the material on record, it is

crystal clear that the dead body was found in the river.

However, there was blackening of the portions of the body.

15. It is the suspicion of the complainant that his

father has been electrocuted and then after the death has

been thrown into the river so as to depict that it is a case of

unnatural death or a suicide.

16. Therefore, custodial interrogation of the

petitioner is necessary as is rightly contended by the

learned High Court Government Pleader.

NC: 2026:KHC-D:1655

HC-KAR

17. However, the right of the petitioner is also to be

balanced harmoniously with the need of the prosecution.

Therefore, directing the petitioner to join the investigation

and undergo limited period of custodial interrogation would

meet the ends of justice.

18. Accordingly, the following:

ORDER

(i) The petition is allowed.

(ii) Petitioner is directed to join the

investigation by appearing before the

Investigation Officer on 17.02.2026

at 10.00 a.m.

(iii) Petitioner is directed to be taken to

custody and proceeded with the

custodial interrogation and on the

same day before 06.00 p.m., enlarge

the petitioner on bail on taking a

bond of Rs.1,00,000/- with two

sureties for the like sum to the

NC: 2026:KHC-D:1655

HC-KAR

satisfaction of the Investigation

Officer.