[Cites 3, Cited by 0]
Karnataka High Court
Bakkeshappa (Gurucharana) S/O ... vs State Of Karnataka By Sho on 13 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4018
CRL.P No. 100171 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.100171 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
BAKKESHAPPA (GURUCHARANA) S/O. MARULAPPA,
AGED ABOUT 77 YEARS,
R/AT: NEAR BASAVANA TEMPLE, YELEBETHUR,
BETHUR POST, DAVANAGERE-577002.
...PETITIONER
(BY SRI VENKATESHA B. K., ADVOCATE)
AND:
STATE OF KARNATAKA,
BY SHO, MUDHOLA P.S, BAGALKOT DISTRICT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD DISTRICT.
...RESPONDENT
Digitally signed
by (BY SRI ABHISHEK MALIPATIL, HCGP)
MALLIKARJUN
RUDRAYYA
KALMATH
Location: High
Court of
Karnataka,
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
Dharwad Bench
OF THE CODE OF CRIMINAL PROCEDURE, (UNDER SECTION 482
OF BNSS, 2023) PRAYING TO GRANT ANTICIPATORY BAIL
DIRECTING THE RESPONDENT/MUDHOLA P.S. OR THE COURT
BELOW TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF
HIS ARREST OR VOLUNTARY APPEARANCE BEFORE THE COURT
IN CR.NO.280/2025 FOR ALLEGED OFFENCES UNDER SECTIONS
318(4), 336(2), 336(3) READ WITH 3(5) OF BNSS, AND
192(A)(3) OF KARNATAKA LAND REVENUE ACT, 1964,
REGISTERED ON THE COMPLAINT OF RESPONDENT/MUDHOL
P.S., NOW PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE,
(SR.DN) AND CJM COURT MUDHOLA, BAGALKOTE DISTRICT, IN
THE INTEREST OF JUSTICE.
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NC: 2026:KHC-D:4018
CRL.P No. 100171 of 2026
HC-KAR
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Heard the learned counsel appearing on behalf of the
petitioner/accused and the learned HCGP appearing on
behalf of the respondent-State.
2. This criminal petition is filed by the
petitioner/accused under Section 438 of Code of Criminal
Procedure (Cr.P.C.)/482 of Bharatiya Nagarika Suraksha
Sanhita, 2023 (BNSS), praying to enlarge the
petitioner/accused on anticipatory bail with the following
prayer:
"PRAYER
WHEREFORE, the Petitioner (Accused
No.2) prays that this Hon'ble Court may be
pleased to grant Anticipatory bail directing the
respondent/Mudhola PS or the court below to
release the petitioner on bail in the event of his
arrest OR voluntary appearance before the
court in Cr.No.280/2025 for alleged offences
U/s.318(4), 336(2), 336(3) r/w 3(5) of BNSS,
and 192(A)(3) of Karnataka Land Revenue Act
1964 registered on the complaint of
NC: 2026:KHC-D:4018
HC-KAR
Respondent/Mudhol PS, now pending on the
file of Hon'ble Addl. Civil Judge (Senior
Division) and CJM Court, Mudhola, Bagalakot
District, in the interest of justice."
3. It is the case of prosecution that the
petitioner/accused No.2 and other accused have made a
criminal conspiracy and created false documents and sold it
to accused No.2; therefore, a case was registered upon the
complaint lodged by the Tahasildar and the offences were
foisted as above stated.
4. The investigation of the case is based on
documentary evidence. Whether the petitioner had
conspired to create forged documents is a matter to be
decided during trial. It is stated that the petitioner/Accused
No.2 is a coolie worker; hence, it is submitted that the
petitioner is not capable of committing an offence of this
nature. Therefore, considering the facts that the substantial
investigation is based on documentary evidence, hence the
petitioner is entitled to anticipatory bail. Accordingly, the
following order:
NC: 2026:KHC-D:4018
HC-KAR
ORDER
i. The petition is allowed.
ii. The petitioner/accused No.2 is ordered to be enlarged
on bail in the event of his arrest in Cr.No.280/2025
registered by Mudhol Police Station, for the offences
punishable U/s.318(4), 336(2), 336(3) r/w 3(5) of
BNS, and 192(A)(3) of Karnataka Land Revenue Act
1964, now pending on the file of Hon'ble Addl. Civil
Judge (Senior Division) and CJM Court, Mudhol,
Bagalakot District, subject to the following conditions.
a) The petitioner shall appear before the trial
Court and shall seek for bail within ten
days from the date of receipt of a copy of
this order.
b) 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.
c) The petitioner shall not indulge in the
same offence or any other criminal cases,
till completion of the trial.
NC: 2026:KHC-D:4018
HC-KAR
d) The petitioner shall not leave the
jurisdiction of the Trial Court without prior
permission of the Court.
e) The petitioner shall not tamper and
threaten the prosecution witnesses in any
manner.
f) The petitioner shall mark his attendance
before the concerned police station on
every Saturday between 11.00 a.m. to
02.00 p.m.
g) The petitioner shall attend the Court
regularly during the trial without fail. If
not attend for consecutive two times, it
entails cancellation of bail.
h) Violation of any one of the conditions
would entitle the prosecution to seek for
cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA: Para 1 to 3
ASN: Para 4 to end
/CT-AN, List No.: 1 Sl No.: 33
