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Karnataka High Court

Yamanappa S/O Muttappa Nayak vs The State Of Karnataka on 12 March, 2026

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                                                   NC: 2026:KHC-D:3986
                                              CRL.P No. 100173 of 2026


              HC-KAR




             IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                DATED THIS THE 12TH DAY OF MARCH 2026
                                 BEFORE
                  THE HON'BLE MRS JUSTICE GEETHA K.B.
                 CRIMINAL PETITION NO. 100173 OF 2026
                        (439(CR.PC)/483(BNSS))


             BETWEEN:
             YAMANAPPA S/O. MUTTAPPA NAYAK,
             AGE: 25 YEARS, OCC: COOLIE,
             R/O. BHANTANUR, TQ: MUDHOL,
             DIST: BAGALKOTE-587204.
                                                           ...PETITIONER
             (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE)

             AND:
             THE STATE OF KARNATAKA,
             BY LOKAPUR POLICE STATION,
             REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
             HIGH COURT OF KARNATAKA, DHARWAD BENCH.
                                                      ...RESPONDENT
Digitally
             (BY SRI. ABHISHEK MALIPATIL, HCGP)
signed by
SAROJA
HANGARAKI
Location:         THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
HIGH COURT
OF           OF BNSS, 2023 SEEKING TO ALLOW THE PETITION AND ORDER
KARNATAKA,
DHARWAD
BENCH
             TO RELEASE THE PETITIONER (ACCUSED NO.3) ON BAIL IN
             LOKAPUR    P.S.  CR.NO.140/2025   FOR   THE    OFFENCES
             PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 126(2),
             109, 352, 351(2) READ WITH 190 OF BARATIYA NYAYA
             SANHITA, 2023 ADDITIONAL CIVIL JUDGE (SR.DN) AND CJM
             COURT, MUDHOL, BAGALKOTE DISTRICT, IN THE INTEREST OF
             JUSTICE AND EQUITY.

                 THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE
             ORDER WAS MADE THEREIN AS UNDER:
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                                         NC: 2026:KHC-D:3986
                                   CRL.P No. 100173 of 2026


HC-KAR




CORAM:    THE HON'BLE MRS JUSTICE GEETHA K.B.

                        ORAL ORDER

This is the petition filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,

hereinafter referred to as 'B.N.S.S.') on behalf of petitioner

(accused No.3) praying for release on bail in Crime

No.140/2025 of Lokapur Police Station for the offences

punishable under Sections 189(2), 191(2), 191(3), 126(2),

109, 352, 351(2) R/w Section 190 of the B.N.S.S., 2023 on

the file of the Additional Senior Civil Judge and C.J.M. Court,

Mudhol, Bagalkot.

2. The facts of the first information are narrated in

detail in the bail petition. It is further contended that the

petitioner is innocent of the alleged offences. There is civil

dispute between parties since long time. There is counter-

complaint lodged in Crime No.141/2025 against the first

informant of this case by father of petitioner. The first

informant has obtained bail in that case. The first informant

is out of danger and already discharged from the hospital.

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The petitioner is falsely implicated in this case due to

ongoing family and property dispute between the first

informant's family and the petitioner. Already civil suit is

pending before Civil Court, Mudhol. The civil dispute is in

respect of ancestral agricultural property. The alleged

offences are not punishable either with death sentence or

imprisonment for life. The investigation is substantially

completed. Petitioner's custodial interrogation is not

required. The alleged incident has taken place on

19.09.2025 whereas the F.I.R. was lodged on 29.09.2025

i.e. after lapse of 10 days. The petitioner is in judicial

custody since 21.12.2025. He has co-operated for the

investigation. The petitioner is respectable and law-abiding

citizen and there are no criminal antecedents. He is deep-

rooted in the society. He is the sole earning member of the

family. He undertakes to cooperate for the investigation and

trial. He undertakes to abide by the conditions that may be

imposed for his release on bail. Hence, prayed for allowing

the bail petition.

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3. Learned H.C.G.P. orally objected to the bail

petition stating that the wound certificate of first

informant/victim reveals that he has sustained two grievous

injuries i.e., one on his head and another is on left arm and

thus, they are on vital part. CW.5 is eyewitness. Already

charge sheet is ready, but it is under scrutiny. Thus, there

is substantial material against petitioner. Hence, prayed for

rejection of the bail petition.

4. Having heard the arguments of both the sides,

verifying the petition papers, the point that arises for

consideration is:

Whether petitioner is entitled for regular bail?

5. The finding of this Court on the above point is in

affirmative for the following reasons:

6. At the time of arguments, learned H.C.G.P. has

submitted that already charge sheet is ready, but it is only

under scrutiny. According to complaint averments, the

serious overt acts are alleged only against present

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petitioner. It is alleged in the first information that the first

informant on 20.12.2025 had been to Hanumantha temple

in his motorcycle and while coming back from the temple,

the petitioner and other accused persons were conspiring

together by knowing that he would come back from the

temple in the same way near the lands which are under

cultivation by accused No.1, the petitioner and along with

other accused persons have prevented the first informant

from going further in which direction he has right to go and

they became members of unlawful assembly by holding

sickle, stones, bricks, clubs and other deadly weapons and

abused him in filthy language that the first informant

instigated the female members of the family to file suit and

with an intention to kill him, accused No.1 assaulted with

sickle (Koita) on his head, accused No.3 (present petitioner)

assaulted with sickle on the left hand of first informant and

the remaining accused persons assaulted with bricks, stones

and clubs and also with hands and also to his father with

clubs. At that time passersby have pacified the quarrel and

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rescued the first informant and his father. At that time, the

petitioner and other accused persons have threatened on

their life with dire consequences. Afterwards they have

been shifted to hospital in an ambulance and taking

treatment.

7. While taking treatment, the police officials came

to the hospital and at the time, he has given this written

complaint being written by Sri P.M. Amate.

8. After receipt of the complaint, investigation is

commenced, spot panchanama and recovery panchanamas

are drawn. Statements of witnesses are recorded. Wound

certificate is received. It reveals that the first informant has

sustained grievous injuries on his head and also fracture on

his left forearm.

9. The present petitioner was arrested on

21.12.2025 and produced before the Court. Since then, he

is in custody i.e., since about 2-½ months.

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10. The bail petition filed on behalf of petitioner was

rejected by III Additional District and Sessions Judge,

Bagalkote, sitting at Mudhol on the ground that serious

overt acts are alleged against present petitioner; whereas

the anticipatory bail petition filed on behalf of other accused

persons was allowed.

11. As it is, the first informant is out of danger. He

has obtained bail in the counter-complaint lodged against

him. The investigation is almost completed and as per the

submission of learned HCGP, it is only under scrutiny. Since

from the date of producing accused No.1/petitioner before

the Court, he remain in judicial custody. Hence, his

custodial interrogation is not required. The offences alleged

against present petitioner are punishable under Sections

189(2), 191(2), 191(3), 126(2), 109, 352, 351(2), R/w 190

of B.N.S.S., 2023. The maximum punishment for these

offences is life imprisonment and they are triable by Court

of Sessions.

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12. The petitioner is ready to abide by any conditions

that may be imposed for his release. As the investigation is

almost completed and the charge sheet is yet to be filed,

the apprehension of learned H.C.G.P. that tampering with or

threatening the prosecution witnesses, the abscondence of

the petitioner could be safeguarded by imposing suitable

conditions. It is a settled principle that 'bail is a rule and jail

is an exception'. Hence, as the first informant is now out of

danger, the petitioner is entitled to be enlarged on bail

subject to suitable conditions.

13. For the foregoing reasons, the point under

consideration is answered in the affirmative and this Court

proceeds to pass the following:

ORDER

1. The bail petition filed under Section

483 of B.N.S.S., 2023 is hereby allowed.

2. The petitioner is released on bail, on

the file of the Additional Senior Civil Judge and

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C.J.M. Court, Mudhol, Bagalkot arising out of

Crime No.140/2025 of Lokapur Police Station

for the offences punishable under Sections

189(2), 191(2), 191(3), 126(2), 109, 352,

351(2) R/w Section 190 of the B.N.S.S., 2023

on he executing self-bond for a sum of

₹.1,00,000/- (Rupees One Lakh only) with two

sureties for the like sum to the satisfaction of

learned C.J.M., and directed to produce his I.D.

and address proof documents with following

conditions:

i) The petitioner shall not tamper with any of

the prosecution witnesses either directly

or indirectly;

ii) He shall not commit similar offences;


     iii)   He    shall    appear     before     Investigating

            Officer       as   and     when       called    for
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                                                      NC: 2026:KHC-D:3986



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investigation during the reasonable hours

of the day.

iv) In the event charge-sheet is filed and

cognizance is taken against the petitioner,

the petitioner shall appear before the

Court regularly without fail till completion

of trial without exception.


      v)      The sureties are directed to produce title

              deeds      of    the      property       before   the

              jurisdictional Magistrate.