Citation : 2026 Latest Caselaw 2570 Kant
Judgement Date : 24 March, 2026
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NC: 2026:KHC-D:4604
CRL.P No. 100429 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100429 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
RAJAPPA @ RAYAPPA BAGAD @ BANNE
S/O. NINGAPPA,
AGE: 48 YEARS, OCC: SHEPHERD,
R/O. NAVALIHALA, TQ. CHIKKODI,
DIST. BELAGAVI-591234.
...PETITIONER
(BY SRI VEERABHADRAPPA MAHADEVAPPA BANAKAR, ADV.)
AND:
THE STATE OF KARNATAKA,
THROUGH HIREKERUR P.S.
R/BY S.P.P. HIGH COURT OF KARNATAKA,
BENCH DHARWAD, AT. DHARWAD-580011
Digitally signed
by MALLIKARJUN
...RESPONDENT
RUDRAYYA
KALMATH (BY SRI ABHISHEK MALIPATIL, HCGP)
Location: High
Court of
Karnataka,
Dharwad Bench
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS, 2023, (U/S.439 OF CR.P.C.), PRAYING TO THE
PETITIONER/ACCUSED NO.5 MAY BE ENLARGED ON BAIL IN
HIREKERUR P.S. CRIME NO.205/2025 REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 108 AND R/W. 190 OF
BNS, 2023, PENDING IN S.C.NO.10/2026 ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI SITTING
AT RANEBENNUR, IN THE ENDS OF JUSTICE
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4604
CRL.P No. 100429 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the learned counsel for the petitioner and the
learned HCGP for the respondent-State.
2. This petition is filed by accused No.5 under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023, (439 of Cr.P.C.) seeking to be enlarged on bail and
praying for the following relief:
"Therefore, on the above grounds and on the grounds to be urged at the time of hearing on bail petition, the petitioner/accused No.5 may kindly be enlarged on bail in Hirekerur P.S.Crime No.205/2025 registered for the offence punishable U/Sec.108 and R/w 190 pf BNS 2023, pending in SC No.10/2026 on the file of II Addl. District and Sessions Judge, Haveri sitting at Renebennur, in the ends of justice".
3. The brief case of the prosecution is that the
deceased is the husband of accused No.1, and accused
Nos.2 to 5 are relatives of accused No.1. However, accused
No.1, without leading a happy marital life with the
NC: 2026:KHC-D:4604
HC-KAR
deceased, frequently stayed at her mother's house.
Whenever the deceased visited his mother-in-law's house,
he was humiliated and the other accused also insulted him.
Although the deceased had not committed any fault,
accused No.1 lodged a complaint before the police against
him. Unable to bear such humiliation in society, the
deceased was compelled to take coercive steps against the
accused, and ultimately committed suicide. Therefore, a
crime has been registered against the accused persons for
the aforesaid offences.
4. The allegation against the petitioner/accused
No.5 is that he, along with the other accused, insulted the
deceased. This is the only allegation against the petitioner.
The petitioner has been in custody since 21.11.2025, and
the charge sheet has now been filed. Therefore, without
expressing any opinion on the merits of the case, I am of
the considered opinion that the petitioner has made out
grounds for his release on bail.
5. Accordingly, the following order:
NC: 2026:KHC-D:4604
HC-KAR
ORDER
i. The petition is allowed.
ii. The petitioner/accused No.5 is ordered to be enlarged on bail in connection with Hirekerur P.S.crime No.205/2025 for the offences punishable under Sections 108 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.
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.
NC: 2026:KHC-D:4604
HC-KAR
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.: 2 Sl No.: 29
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