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Karnataka High Court
Gopal Nayak vs The State Of Karnataka on 18 March, 2026
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CRL.P No. 200240 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO.200240 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
GOPAL NAYAK S/O MEGHU NAIK,
AGE: 30 YEARS,OCC: COOLIE WORK,
R/O ANAGERI TANDA (HARANGERA TANDA),
TQ SHAHAPUR, DIST. YADGIR-585223.
...PETITIONER
(BY SRI. SALOMON ALFRED, ADVOCATE AND
SRI. PUNITH MARKAL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SHAHABAD TOWN POLICE STATION
Digitally signed by
REPRESENTED BY
SHIVALEELA
DATTATRAYA UDAGI
THE STATE PUBLIC PROSECUTOR
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF
KARNATAKA KALABURAGI BENCH.
...RESPONDENT
(BY SRI. GOPALKRISHNA B. YADAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C (OLD), 483 OF BNSS (NEW), PRAYING TO ALLOW
THE PRESENT PETITION AND ENLARGE THE PETITIONER ON
REGULAR BAIL IN CRIME NO.75/2025 OF SHAHABAD TOWN
POLICE STATION AT KALABURAGI FOR THE OFFENCES U/S
310(2), 310(4) AND 310(6) OF THE BNS 2023, PENDING
BEFORE THE LEARNED CIVIL JUDGE (JR.DN.) AND JMFC,
SHAHABAD, GULBARGA.
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CRL.P No. 200240 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This petition is filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS, 2023'),
by the petitioner/accused No.4 for grant of bail in Crime
No.75/2025 dated 22.06.2025, registered by the
Shahabad Town Police Station, Kalaburagi District, for the
offences punishable under Sections 310(2) of Bharatiya
Nyaya Sanhita, 2023, presently pending on the file of Civil
Judge (Jr.Dn.) & JMFC, Shahabad, Kalaburagi.
2. It is submitted that during the course of
investigation, petitioner-accused No.4 has been arrested
on 03.07.2025 and produced before the Court. The Court
has remanded him to judicial custody. Aggrieved by the
same, the petitioner had filed bail petition under Section
483 of BNSS, 2023 before the IV-Addl. Dist. & Sessions
Judge, Kalaburagi in Cri.Misc.No.1653/2025. The same
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HC-KAR
came to be rejected vide order dated 17.10.2025. Being
aggrieved by the same, the petitioner-accused No.4 has
filed this petition for grant of bail.
3. Heard the learned counsel for the petitioner and
the learned HCGP for respondent-State.
4. Learned counsel appearing on behalf of the
petitioner would submit that since the date of arrest i.e on
03.07.2025, he is in judicial custody. The charge-sheet is
already filed, the accused is not required for further
investigation and case is registered in S.C.No.299/2025.
The bail application of accused No.5 was allowed by the
Trial Court vide order dated 21.02.2026. The copy of the
same is also produced. Petitioner is ready to abide by any
conditions that may be imposed by this Court. Accordingly,
he prays to allow the bail petition.
5. Per contra, the learned High Court Government
Pleader for respondent - State submits that the alleged
offence is heinous in nature, if the petitioner is released on
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bail, he may commit similar offence. The co-ordinate
Bench of this Court has rejected bail petitions of accused
Nos.2 and 3 in Crl.P.No.201668/2025 and
Crl.P.No.201430/2025. The copies of the same are also
produced. Hence, sought for rejection of the bail petition.
6. I have examined the materials placed before
this Court.
7. As could be gathered from records, while
granting bail to accused No.5, the Trial Court has observed
that, the police have filed the charge-sheet and during the
trial, the detention of the applicant is not fair in the eye of
law. Considering the nature and gravity of offence, the
Trial Court has released accused No.5 on bail with
conditions. The alleged commission of offence is 310(2)
BNS, 2023. The State has not challenged the bail order
passed by the Trial Court to accused No.5. In view of the
principle of parity, it is just and proper to enlarge the
petitioner bail with conditions.
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8. Accordingly, I proceed to pass the following:
ORDER
(i) The petition is allowed.
(ii) The respondent-Police are directed to release
the petitioner-accused No.4 on bail in Crime
No.75/2025 registered by Shahabad Town
Police Station, Kalaburagi District, subject to the
following conditions:
a) Petitioner-accused No.4 shall
execute a personal bond for a sum
of Rs.1,00,000/- with one surety for
the likesum, to the satisfaction of
the concerned Court;
b) Petitioner shall appear regularly on
all the dates of hearing before the
Trial Court unless the Trial Court
exempts his appearance for valid
reasons;
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c) The petitioner shall not directly or
indirectly threaten or tamper with
the prosecution witnesses;
d) The petitioner shall not indulge in
similar offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court
without its prior permission.
In the event of breach of any conditions, the
respondent-police have liberty to file application for
cancellation of bail.
Sd/-
(G BASAVARAJA)
JUDGE
SDU
LIST NO.: 1 SL NO.: 14
CT:SI
