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Karnataka High Court
Shri Shivadas S/O Narasing Sherkahane vs The State Of Karnataka on 16 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4071
CRL.P No. 100156 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100156 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
1. SHRI SHIVADAS
S/O. NARASING SHERKAHANE,
AGE: 58 YEARS,
OCC: AGRICULTURE,
R/O. SHIROL VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT-587313.
2. SHRI BASAVANTH
S/O. NARASING SHERKAHANE,
AGE: 62 YEARS,
OCC: AGRICULTURE,
R/O. SHIROL VILLAGE,
Digitally TQ. MUDHOL,
signed by
RAMYA D
Location:
DIST. BAGALKOT-587313.
HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
3. SHRI MOHAN
DHARWAD
S/O. BASAVANT SHERKAHANE,
AGE: 37 YEARS,
OCC: AGRICULTURE,
R/O. SHIROL VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT-587313.
...PETITIONERS
(BY SRI R. H. ANGADI, ADVOCATE)
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NC: 2026:KHC-D:4071
CRL.P No. 100156 of 2026
HC-KAR
AND:
THE STATE OF KARNATAKA,
(MUDHOL POLICE STATION),
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD-580011.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE (UNDER SECTION 482
OF BNSS, 2023), PRAYING TO ISSUE A DIRECTION TO THE
MUDHOL POLICE STATION, TO ENLARGE THE PRESENT
PETITIONERS, WHO IS ARRAYED AS ACCUSED NO.1 TO 3 ON
BAIL IN THE EVENT OF THEIR ARREST BY THE MUDHOL POLICE
IN THEIR P.S. CRIME NO.66/2025, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 329(3),
126(2), 115(2), 74, 76, 352, 351(2) R/W 190 of BNS-2023
(UNDER SECTIONS 142, 147, 211, 124A, 117, 354, 354B, 504,
509 READ WITH 149 of IPC, PENDING IN C.C.NO.746/2025,
PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC COURT MUDHOL, TO MEET THE ENDS OF
JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 100156 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
This criminal petition is filed by the
petitioners/accused Nos.1 to 3 under Section 438 of Code of
Criminal Procedure (for short 'the Cr.P.C')/482 of Bharatiya
Nagarika Suraksha Sanhita, 2023 (for short 'the BNSS'),
seeking to enlarge the petitioners/accused Nos.1 to 3 on
anticipatory bail with the following prayer:
"PRAYER
Wherefore, for these and amongst other
grounds to be urged at the time of hearing, it is
most humbly and graciously prayed that, this
Hon'ble Court be pleased issue a direction to the
Mudhol Police Station, to enlarge the present
petitioners, who is arrayed as accused Nos.1 to 3
on bail in the event of their arrest by the Mudhol
Police in their P.S. Crime No.66/2025, for the
offences punishable U/Sec 189(2), 191(2), 191(3),
329(3), 126(2), 115(2), 74, 76, 352, r/w 190 of
BNS-2023 (U/Sec 142, 147, 211, 124A, 117, 354,
504, 509 R/w 149 of IPC)."
2. It is the brief case of prosecution as per the
complaint, FIR and charge sheet materials that the dispute
between the complainant and accused arose because the
complainant had purchased the land from the accused.
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Subsequently, a dispute arose between them regarding the
ownership of the land and in this regard, civil disputes were
filed and went up to the Hon'ble Supreme Court, which
confirmed the ownership of the complainant over the land.
3. When this being the fact, on 21.02.2025, the
complainant along with her brothers was cultivating the
land with a tractor and accused Nos.1 to 6 have criminally
trespassed onto the land and obstructed the work. Accused
No.2 abused the complainant in filthy language and
prevented her from cultivating the land. In this regard, the
dispute took place and the saree of the complainant was
pulled with an intention to disrobe her; therefore, the
allegation is that accused Nos.1 to 6 committed the offence
of outraging modesty of a female folk, assaulted and
abused the complainant and her brothers in filthy language.
Hence, the above said offences are foisted against accused
Nos.1 to 6.
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4. Learned counsel for the petitioners/accused
Nos.1 to 3 submitted that now the investigation is
completed and the charge sheet is filed; therefore, the
petitioners/accused Nos.1 to 3 are no more required for
custodial interrogation. Further submitted that accused
Nos.4 to 6 have already released on bail. Hence, on the
ground of parity prays to enlarge the petitioners/accused
Nos.1 to 3 on anticipatory bail.
5. On the other hand, learned HCGP appearing on
behalf of respondent-State vehemently opposed the grant
of bail and prays to dismiss the petition.
6. Upon considering the charge sheet materials,
there is a dispute regarding the property between the
complainant and accused. The offence alleged against the
petitioners/accused Nos.1 to 3 neither involves the
commission of death nor grevious hurt. Further, the
offences as alleged are triable by the learned Magistrate.
Now, the charge sheet has been filed. Hence, this Court
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without expressing any opinion on the merits involved in
the case, holds that the petitioners/accused Nos.1 to 3 are
liable to be enlarged on anticipatory bail as prayed for.
Thus, the petition is liable to be allowed.
ORDER
i. The petition is allowed.
ii. The petitioners/accused Nos.1 to 3 are enlarged on
bail in the event of their arrest by the Mudhol Police in
their P.S. Crime No.66/2025 registered for the
offences punishable U/Sec 189(2), 191(2), 191(3),
329(3), 126(2), 115(2), 74, 76, 352, r/w 190 of BNS-
2023 (U/Sec 142, 147, 211, 124A, 117, 354, 504, 509
R/w 149 of IPC), subject to the following conditions:
a) The petitioners/accused Nos.1 to 3 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.
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b) The petitioners/accused Nos.1 to 3 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 petitioners/accused Nos.1 to 3 shall
not indulge in the same offence or any
other criminal cases, till completion of the
trial.
d) The petitioners/accused Nos.1 to 3 shall
not leave the jurisdiction of the Trial Court
without prior permission of the Court.
e) The petitioners/accused Nos.1 to 3 shall
not tamper and threaten the prosecution
witnesses in any manner.
f) The petitioners/accused Nos.1 to 3 shall
mark their attendance before the
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concerned police station on every
Saturday between 11.00 a.m. to 02.00
p.m.
g) The petitioners/accused Nos.1 to 3 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 /CT-AN
List No.: 1 Sl No.: 19
