[Cites 9, Cited by 0]
Karnataka High Court
Mallu @ Mallikarjun vs The State Of Karnataka on 31 January, 2026
-1-
NC: 2026:KHC-K:816
CRL.P No. 200119 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200119 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
MALLU @ MALLIKARJUN
S/O. ERAPPA @ ERANNA NATEKAR (MANDANOR)
AGE 43 YEARS, OCC: DRIVER,
R/O MANNAEKHELLI VILLAGE,
TQ. CHITGUPPA, DIST BIDAR-585227.
...PETITIONER
(BY SRI SHIVANAND V. PATTANSHETTI, ADVOCATE)
AND:
Digitally signed THE STATE OF KARNATAKA
by SHIVALEELA THROUGH MANNA-E-KHELLI POLICE STATION
DATTATRAYA TQ. CHITUGPPA, DIST. BIDAR-585 227
UDAGI REPRESENTED BY ADDL. SPP
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF KALABURAGI BENCH-585 103.
KARNATAKA ...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C
(OLD), 483 OF BNSS (NEW), PRAYING TO GRANT THE
REGULAR BAIL TO THE PETITIONER/ ACCUSED NO.5 IN
S.C.NO.5003/2026 (MANNA-E-KHELLI PS CRIME NO.115/2025
DISTRICT BIDAR) PENDING ON THE FILE OF II ADDL. DIST.
AND SESSIONS JUDGE BIDAR SITTING AT BASAVAKALYAN FOR
-2-
NC: 2026:KHC-K:816
CRL.P No. 200119 of 2026
HC-KAR
THE OFFENCES PUNISHABLE U/SECS. 189(4), 103(1), 238, 49,
61(2) AND 3(5) OF BNS 2023 IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed under Section 483 of BNSS, 2023
by the petitioner/accused No.5 for grant of bail in Crime
No.115/2025 dated 02.10.2025 registered by the Manna
Ekhelli Police for the offences punishable under Sections
189(4), 103(1), 238, 49, 61(2) read with Section 3(5) of
Bharatiya Nyaya Sanhita, 2023 [for brevity, 'the BNS,
2023'] which is presently pending on the file of II
Additional District and Sessions Court, Bidar, sitting at
Basavakalyan in S.C.No.5003/2026.
2. The factual matrix of the case is that, deceased
Ganapati in this case is the younger brother of the
complainant-Maruti. The deceased was employed at petrol
bunk in Manna Ekhelli village. On 01.10.2025 he did not
come to his house till midnight. As such, his wife Sapna
NC: 2026:KHC-K:816
HC-KAR
called him through phone and enquired, at that time he
replied that one Sachin and Bhadru @ Bhadresh (accused
Nos.1 and 2) had quarreled with him in the petrol bunk
and he is proceeding towards Shakti Dhaba along with one
Narasappa and Babu for dinner and after having dinner he
will come to the house. However, he did not return to the
house on that day. On the next day morning i.e., on
02.10.2025, one Ramesh called the brother of deceased
and informed that the dead body of his brother was lying
on the road near Vijay Mechanic garage. As such, wife
and other family members of the deceased rushed to the
spot and identified the dead body of the deceased. The
deceased had sustained injuries on his person. As such,
the complainant lodged the complaint before the
respondent - Police which was registered in Crime
No.115/2025 dated 02.10.2025 for the offences
punishable under Sections 103(1) read with Section 3(5)
of BNS, 2023 against accused Nos.1 and 2. Subsequently,
the respondent - Police arrested accused Nos.1 to 4 on
NC: 2026:KHC-K:816
HC-KAR
02.10.2025 and 04.10.2025 respectively, based on their
voluntary statement the petitioner/accused No.5 was
arrested on 09.10.2025 and implicated him in the crime.
Thereafter, the respondent - police completed the
investigation and laid charge sheet against five accused
persons arraigning this petitioner as accused No.5 for the
offences punishable under Sections 189(4), 103(1), 238,
49, 61(2) read with Section 3(5) of BNS, 2023. Hence,
the petitioner approached for grant of regular bail before
the II Additional District and Session Judge, Bidar sitting
at Basavakalyan in Crl.Misc.No.5002/2026. The same was
rejected vide order dated 14.01.2026. Hence, this
petition.
3. Heard learned counsel for the petitioner and
learned High Court Government Pleader for the respondent
- State.
4. Apart from urging several contentions, the
learned counsel for the petitioner contended that this
NC: 2026:KHC-K:816
HC-KAR
petitioner was implicated in the alleged offences based on
the voluntary statement of accused Nos.1 to 4.
Admittedly, in the complaint the name of this petitioner is
not forthcoming. According to him, the charge sheet
allegations also depict that at the time of alleged incident
this petitioner neither assaulted nor was present at the
scene of occurrence. The allegations against this petitioner
is that he along with accused No.4 instigated accused
Nos.1 to 3 to commit the murder of the deceased. In such
circumstance, further custodial incarceration of the
petitioner is not called for. Accordingly, he prays to allow
the petition.
5. Per contra, learned High Court Government
Pleader opposed the bail petition on the ground that
charge sheet averments depict a prima facie case against
the petitioner that he along with accused No.4 supplied
the weapon to accused Nos.1 to 3 and also made
conspiracy with other accused to do away the life of
deceased. Hence, he prays to dismiss the petition.
NC: 2026:KHC-K:816
HC-KAR
6. I have given my anxious consideration both on
the submission made by the learned counsel for the
respective parties and perused the materials available on
record.
7. As could be gathered from the records, the
complaint lodged by the complainant that on 01.10.2025
the deceased informed his wife that accused Nos.1 and 2
quarreled with him in the petrol bunk. Thereafter he did
not return home. On the next day morning the dead body
of the deceased was found by CW-26 and the same was
informed to the complainant i.e. the brother of deceased.
Accordingly, FIR came to be registered against accused
Nos.1 and 2. Subsequently, accused Nos. 1 to 4 were
arrested and based on their voluntary statement, this
petitioner was implicated in the crime. Charge sheet
averments disclose that accused No.4 supplied weapon to
accused Nos.1 to 3 for the commission of the crime. The
allegation against this petitioner is that he conspired and
instigated accused Nos.1 to 3 to commit the murder of
NC: 2026:KHC-K:816
HC-KAR
deceased by accompanying accused No.4. Except these
allegations, there are no other allegations forthcoming
against this petitioner in the charge sheet for the
homicidal death of the deceased. In such circumstances,
now that the investigation has been completed and charge
sheet has been laid by the Police, as such, the custodial
incarceration of this petitioner is not called for. Hence,
without expressing any opinion on the merits of the case,
suffice to hold that the petitioner/accused No.5 deserves
to be enlarged on bail.
8. Accordingly, the petition is allowed.
9. The petitioner/accused No.5 is directed to be
enlarged on bail in S.C.No.5003/2026 arising out of Crime
No.115/2025 registered by Manna Ekhelli Police Station,
for the offences punishable under Sections 189(4), 103(1),
238, 49, 61(2) read with Section 3(5) of BNS, 2023,
pending on the file of II Additional District and Sessions
NC: 2026:KHC-K:816
HC-KAR
Court, Bidar sitting at Basavakalyan, subject to the
following conditions:
a) Petitioner shall execute a personal bond for
a sum of Rs.1,00,000/- with two sureties for
the likesum, to the satisfaction of the
jurisdictional Court;
b) The petitioner shall appear regularly on all
the dates of hearing before the Trial Court
unless the Trial Court exempts his appearance
for valid reasons;
c) The petitioner shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioner shall not involve in similar
offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
f) The petitioner shall mark his attendance
before the Station House Officer, Manna
Ekhelli Police Station, on first Sunday of
NC: 2026:KHC-K:816
HC-KAR
every month between 10.00 a.m. and 01.00
p.m. till the case registered against him is
disposed off before the Trial Court.
Sd/-
(RAJESH RAI K)
JUDGE
SWK
List No.: 1 Sl No.: 6
CT:RJ
