Citation : 2026 Latest Caselaw 2661 Kant
Judgement Date : 25 March, 2026
-1-
NC: 2026:KHC-D:4694
CRL.P No. 100489 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100489 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
1. SHRI YALLAPPA
S/O. SIDRAYI MUCHANDI,
AGE: 32 YEARS,
OCC: PRIVATE CIVIL CONTRACTOR,
R/O. LAXMI NAGAR,
5TH CROSS, KAKATI,
TQ. & DIST. BELAGAVI-591113.
2. SHRI PRADHYUM
S/O. BASAWANT YETOJI,
AGE: 29 YEARS,
OCC: AGRICULTURE,
R/O. H.NO.230,
Digitally signed MARUTI GALLI, KAKATI,
by
MALLIKARJUN
RUDRAYYA TQ. & DIST. BELAGAVI-591113.
KALMATH
Location: High
Court of
Karnataka,
Dharwad Bench 3. SHRI SIDRAYI @ SATISH
S/O. BABU DESAI,
AGE: 39 YEARS, O
CC: GAS SUPPLIER,
R/O. AMBEDKAR ROAD, KAKATI,
TQ. & DIST. BELAGAVI-591113.
4. SHRI YALLAPPA
S/O. SIDDAPPA GURAV,
AGE: 34 YEARS,
OCC: AGRICULTURE,
R/O. YALLAMMA GALLI,
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NC: 2026:KHC-D:4694
CRL.P No. 100489 of 2026
HC-KAR
MUTTYANATTI,
TQ. & DIST. BELAGAVI-591113.
...PETITIONERS
(BY SMT. NAGARATNA S. PATTAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH THE POLICE SUB INSPECTOR,
BELGAUM RURAL POLICE STATION,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF THE CODE
OF CRIMINAL PROCEDURE, (U/S.483 OF BNSS, 2023) PRAYING
TO ALLOWING THIS PETITION FILED BY THE PETITIONERS/
ACCUSED NO.8, 9, 10, AND 11 MAY BE ENLARGED ON BAIL IN
BELAGAVI RURAL POLICE STATION CRIME NO.44/2026 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2),
191(3), 126(2), 115(2), 118(1), 109(1), 352, 351(2) 351(3),
R/W. 190 OF BNS AND SECTION 27(1) OF INDIAN ARMS ACT,
IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
This criminal petition is filed by the
petitioners/accused Nos.8 to 11 under Section 439 of the
Code of Criminal Procedure (Cr.P.C)/483 of Bharatiya
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HC-KAR
Nagarika Suraksha Sanhita, 2023 (BNSS), seeking to
enlarge the petitioners/accused Nos.8 to 11 on bail with the
following prayer:
"PRAYER
Under these circumstances among other grounds which will be urged at the time of hearing it is most humbly prayed that by allowing this petition filed by the petitioners/accused No.8, 9, 10 and 11 may please be enlarged on bail in Belgaum Rural Police Station Crime No.44/2026 for the offences punishable u/s 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 109(1), 352, 351(2), 351(3), r/w 190 BNS and Sec 27(1) of Indian Arms Act in the interest of justice."
2. It is the brief case of prosecution as per the FIR
and complaint averments that about five years ago, the
sister of the complainant was given in marriage to accused
No.2. After marriage, accused Nos.1 to 3 were giving ill-
treatment and in this regard, the complainant and his wife
went to the house of accused No.2 and advised them;
therefore, accused No.2, his father/accused No.1 and his
NC: 2026:KHC-D:4694
HC-KAR
family members have abused the complainant and his wife.
Hence, they committed the offences as above stated.
3. Heard the arguments of learned counsel
appearing on behalf of the petitioners/accused Nos.8 to 11
and the learned HCGP appearing on behalf of the
respondent/State.
4. The petitioners/accused Nos.8 to 11 are in
judicial custody since 17.02.2026. Upon perusing the
complaint averments, it is revolves around a matrimonial
dispute. Furthermore, in the complaint, there is no serious
commission of offences as alleged against the
petitioners/accused Nos.8 to 11. Therefore, without
expressing any opinion on the merits involved in the case,
the petitioners/accused Nos.8 to 11 are liable to be
enlarged on bail. Thus, the petition is liable to be allowed.
5. In the result, I proceed to pass the following:
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HC-KAR
ORDER
i. The petition is allowed.
ii. The petitioners/accused Nos.8 to 11 are ordered to enlarge on bail in Belgaum Rural Police Station Crime No.44 of 2026 for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 109(1), 352, 351(2), 351(3), r/w 190 BNS and Sec 27(1) of Indian Arms Act, 1959, pending on the file of Principal District and Sessions Judge, Belagavi, subject to the following conditions.
a. The petitioners/accused Nos.8 to 11 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 petitioners/accused Nos.8 to 11 shall not leave the jurisdiction of the Trial Court without prior permission of the Court.
c. The petitioners/accused Nos.8 to 11 shall not tamper and threaten the prosecution witnesses in any manner.
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HC-KAR
d. The petitioners/accused Nos.8 to 11 shall mark their attendance before the concerned Police station on every Saturday between 11.00 a.m. to 02.00 p.m.
e. The petitioners/accused Nos.8 to 11 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail.
iii. Violation of any of the conditions imposed shall entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE
SRA /CT-AN List No.: 2 Sl No.: 24
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