[Cites 12, Cited by 0]
Karnataka High Court
Manjunath S/O Basappa Angadi vs The State Of Karnataka on 16 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4090
CRL.P No. 100351 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.100351 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
MANJUNATH S/O. BASAPPA ANGADI,
AGE: 44 YEARS, OCC: COOLIE,
R/O. ILKAL, TQ. ILKAL,
DIST. BAGALKOT.
...PETITIONER
(BY SRI VIJAY S. CHINIWAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH ILKAL POLICE STATION,
DIST. BAGALKOTE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT: DHARWAD.
Digitally signed
by MALLIKARJUN
RUDRAYYA
...RESPONDENT
KALMATH
Location: High (BY SRI ABHISHEK MALIPATIL, HCGP)
Court of
Karnataka,
Dharwad Bench
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING
TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST
IN CRIME NO.06/2026 BY ILKAL PS FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 109(1), 115(2), 117(2), 118(1),
189(2), 190, 352, 351(2) 191(2) OF BNS, PENDING ON THE FILE
OF SENIOR CIVIL JUDGE AND JMFC COURT, HUNAGUNDA,
BAGALKOT DISTRICT, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4090
CRL.P No. 100351 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This petition is filed under Section 438 of the Code of
Criminal Procedure, 19731 / Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 20232, seeking to enlarge the
petitioner/accused No.1 on anticipatory bail with the following
prayer:
PRAYER
"WHEREFORE, the petitioner/accused No.1 most
humbly prays that this Hon'ble Court may kindly be
pleased to grant anticipatory bail in the event of his
arrest in Crime No.6/2026 by the Ilkal PS for the
offence punishable under Section 109(1), 115(2),
117(2), 118(1), 189(2), 190, 352, 351(2), 191(2) of
BNS, pending on the file of Senior Civil Judge and JMFC
Court, Hunagunda, Bagalkot Dist, in the interest of
justice."
2. It is the brief case of the prosecution as per the
averments made in the complaint and the FIR that there was a
Hereinafter referred to as the 'Cr.P.C.'
Hereinafter referred to as the 'BNSS, 2023'
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HC-KAR
dispute regarding pathway between the complainant and the
accused. It is alleged in the complaint that the petitioner/accused
No.1 and other accused persons have assaulted the complainant.
Therefore, the complainant lodged the complaint against the
accused persons and the case was registered for the offence as
stated above.
3. Learned counsel for the petitioner/accused No.1
submitted that the complaint filed against the petitioner/accused
No.1 is false one. It is further submitted that accused No.1 has
filed a counter complaint, which is registered as Crime
No.7/2026 against the complainant herein. Therefore, it is a case
and counter case registered in Crime Nos.6/2026 and 7/2026. It
is further submitted that accused Nos.2 to 4 have already been
enlarged on the benefit of anticipatory bail. Further, the
petitioner had also sustained injuries, as the complainant
allegedly assaulted him. Therefore, both the complainant and the
petitioner were admitted to the hospital and now the
complainant has been discharged from the hospital. It is
therefore submitted that the dispute is fundamentally a property
dispute, which has been turned into a criminal case and the truth
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HC-KAR
and veracity of the complaints are to be tried in the trial. The
offences alleged are not punishable with death or imprisonment
for life. Hence, it is prayed that the benefit of anticipatory bail be
extended to the petitioner/accused No.1.
4. Learned HCGP vehemently opposes the grant of bail to
the petitioners and prays for rejection of the petition.
5. Upon considering the materials available at this stage
as well as the averments made in the complaint and the FIR, it
appears that the dispute between the parties pertains to a
pathway. The allegation against the petitioner is that he has
encroached property of the complainant, which allegation is
denied by the petitioner. Therefore, it appears that the alleged
incident has arisen out of the said property dispute. The
background for the registration of the FIR is related to the said
property dispute.
6. It is further submitted that the petitioner/accused No.1
has also lodged a complaint against the complainant herein,
which is registered in Crime No.7/2026. Thus, in respect of the
very same incident, a case and counter case have been
registered in Crime Nos.6/2026 and 7/2026.
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7. Further, the learned HCGP submitted that the
complainant in the present case now has been discharged from
the hospital. It is also submitted that accused Nos.2 to 4 have
already been released on bail. Therefore, the benefit of
anticipatory bail on parity also be extended in favour of the
present petitioner. Therefore, without expressing any opinion on
the merits of the case and considering that the registration of the
crime arises out of a property dispute, this Court is of the opinion
that the petitioner is entitled to the benefit of anticipatory bail.
8. Hence, I proceed to pass the following:
ORDER
a) The petition is allowed.
b) The petitioner/accused No.1 is enlarged on bail in the
event of his arrest in Crime No.6/2026 of Ilkal Police
Station, registered for the offence punishable under
Sections 109(1), 115(2), 117(2), 118(1), 189(2), 190,
352, 351(2), 191(2) of the Bharatiya Nyaya Sanhita,
2023, pending on the file of Senior Civil Judge and
JMFC, Hunagunda, Bagalkot District, subject to the
following conditions.
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a. The petitioner/accused No.1 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/accused No.1 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/accused No.1 shall not
indulge in the same offence or any other
criminal cases, till completion of the trial.
d. The petitioner/accused No.1 shall not
leave the jurisdiction of the Trial Court
without prior permission of the Court.
e. The petitioner/accused No.1 shall not
tamper and threaten the prosecution
witnesses in any manner.
f. The petitioner/accused No.1 shall mark
his attendance before the concerned
police station on every Saturday between
11.00 a.m. to 02.00 p.m till filing final
report.
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g. The petitioner/accused No.1 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 entails the prosecution to seek for
cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP /CT-AN
List No.: 1 Sl No.: 31
