[Cites 12, Cited by 0]
Karnataka High Court
Shri Fakirappa S/O Demappa Patat vs State Of Karnataka on 13 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4042
CRL.P No. 100236 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO. 100236 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
SHRI FAKIRAPPA S/O. DEMAPPA PATAT,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O. RAMAPUR VILLAGE, (MURGOD),
TQ. YARAGATTI, DIST. BELAGAVI-591129.
...PETITIONER
(BY SRI SANTOSH B. RAHUT, ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH P.S.I, MURGOD STATION, BELAGAVI,
BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF BUILDINGS,
DHARWAD BENCH, DHARWAD.
Digitally signed
by MALLIKARJUN ...RESPONDENT
RUDRAYYA
KALMATH
Location: High
(BY SRI ABHISHEK MALIPATIL, HCGP)
Court of
Karnataka,
Dharwad Bench
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS (U/S 439 OF CR.P.C.), PRAYING TO ALLOW THE
PETITION AND THE PETITIONER/ACCUSED NO.1 MAY BE
ENLARGED ON BAIL IN CONNECTION WITH MURGOD P.S. CRIME
BEARING NO.388/2025 FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 191(3), 126(2), 109(1), 115(2),
118(2), 118(1), 49, 352, 351(2) AND 190 OF BNS, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 100236 of 2026
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Heard the learned counsel for the petitioner and the
learned HCGP for the respondent-State.
2. This petition is filed by accused No.1 under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 20231,
seeking to be enlarged on bail and praying for the following
relief:
"Wherefore, it is most humble prayed that this
Hon'ble Court may kindly be pleaded to allow the
petition and the petitioner/accused No.1 may kindly
be enlarged on bail in connection with Murgod
P.S.crime bearing No.338/2025 for the offences
punishable under Sections 189(2), 191(2), 191(3),
126(2), 109(1), 115(2), 118(2), 118(1), 49, 352,
351(2) and read with section 190 of BNS, in the
interest of Justice and equity".
3. The brief case of the prosecution is that on
27.12.2025 at about 10:00 a.m., when the complainant, her
son, daughter-in-law, and others were working in the field, at
that time the petitioner/accused No.1 and other accused came
Hereinafter referred to as "BNSS,2023"
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HC-KAR
to their field and started abusing them in filthy language,
stating that the land belonged to them. The petitioner/accused
No.1 abused them and took out an axe and assaulted the
complainant's son on the head, and the other accused also
abused and assaulted the complainant and other persons.
Therefore, with these allegations, an FIR in Crime
No.388/2025 of Murgod Police Station has been registered for
the aforesaid offences.
4. Learned counsel for the petitioner submitted that
the petitioner is in custody since 29.12.2025 and the charge
sheet has been filed. The petitioner is no longer required for
custodial interrogation. The petitioner undertakes to abide by
the conditions imposed by this Court and prays that the
petition be allowed.
5. The learned HCGP opposed the bail petition and
prayed to dismiss the same.
6. Upon considering the wound certificate produced
by the learned HCGP along with the memo, it is shown that
the complainant's son has suffered a lacerated wound,
contusion on the forehead, and abrasion at the left sub-costal
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region of the abdomen. However, the accused has been in
custody since 29.12.2025. It is submitted that the
investigation is now completed and the charge sheet has been
filed. Therefore, the presence of the petitioner may not be
required for further custodial interrogation. Hence, considering
the facts and circumstances of the case, it prima facie appears
that the petitioner has made out grounds for grant of regular
bail.
7. Accordingly, the following:
ORDER
i. The petition is allowed.
ii. The petitioner/accused No.1 is ordered to be
enlarged on bail in Murgod P.S.crime No.338/2025
for the offences punishable under Sections 189(2),
191(2), 191(3), 126(2), 109(1), 115(2), 118(2),
118(1), 49, 352, 351(2) and read with section 190
of BNS, subject to the following conditions:
a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- along with one
surety for the like sum to the satisfaction of the
Trial Court.
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b) The petitioner shall not leave the
jurisdiction of the Trial Court without prior
permission of the Court.
c) The petitioner shall not tamper and
threaten the prosecution witnesses in any
manner.
d) The petitioner shall mark his attendance
before the concerned police station on every
Saturday between 11.00 a.m. to 02.00 p.m.
e) The petitioner shall attend the Court
regularly during the trial without fail. If not
attend for consecutive two times, it entails
cancellation of bail.
f) Violation of any one of the conditions
would entitle the prosecution to seek for
cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
ASN /CT-AN
List No.: 1 Sl No.: 34
