[Cites 6, Cited by 0]
Karnataka High Court
Saibanna vs The State Of Karnataka on 26 March, 2026
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CRL.P No. 200257 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200257 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
SAIBANNA S/O MARUTI PURADAL
AGE: 22 YEARS, OCC: HOTEL WORK
R/O LEPROSY COLONY, KALABURAGI CITY
TQ: AND DIST: KALABURAGI
...PETITIONER
(BY SRI. RAJESH DODDAMANI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
RAGHVENDRA NAGAR POLICE STATION
KALABURAGI CITY
Digitally signed by
SHIVALEELA NOW REPRESENTED BY
DATTATRAYA UDAGI
Location: HIGH
THE ADDITIONAL STATE PUBLIC PROSECUTOR
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA
KALABURAGI BENCH-585105
...RESPONDENT
(BY SRI.GOPALKRISHNA B. YADAV, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), PRAYING TO ALLOW THIS PETITION AND
ENLARGE THE PETITIONER/A-2 (AS PER CHARGE SHEET) ON
BAIL IN CONNECTION WITH CRIME NO.122/2025 OF
RAGHVENDRA NAGAR POLICE STATION, KALABURAGI CITY
REGISTERED FOR THE OFFENCES 103(1), 324, 3(5) OF BNS
2023, NOW PENDING IN C.C.NO.14962/2025 ON THE FILE OF
HONOURABLE II ADDL. CIVIL JUDGE AND JMFC, KALABURAGI.
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CRL.P No. 200257 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
The petitioner has filed this petition under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, 'BNSS, 2023') for grant of bail to the petitioner, who
is accused No.2 in C.C.No.14962/2025 on the file of II-
Addl. Civil Judge & JMFC, Kalaburagi.
2. On the basis of complaint lodged by one
Tolapasha, the respondent-Raghavendra Nagar Police have
registered a case in Crime No.122/2025 against Saibanna
Kumbar and others, for the offence punishable under
Sections 103(1), 324 of Bharatiya Nyaya Sanhita, 2023
(for short, 'BNS, 2023'). During the course of
investigation, petitioner-accused No.2 arrested by the
police and produced before the Court and accused has
been remanded to judicial custody. Still the petitioner is in
judicial custody. Aggrieved by the same, the petitioner has
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approached the III-Addl. Dist. & Sessions Judge,
Kalaburagi in Crl.Misc.No.119/2026, the same came to be
rejected. Being aggrieved by the same, the petitioner has
preferred this petition.
3. Learned counsel for the petitioner would submit
that the petitioner is a law-abiding citizen and is no way
connected to the alleged offences. There is no prima facie
case made out against the petitioner. The petitioner has
been implicated at the instance of their ill-wishers. As per
the prosecution, the alleged incident took place at about
1:30 a.m. on 20.09.2025 and as per the complainant, he
was informed about the death of his brother on
20.09.2025 at about 7:30 a.m. and thereafter he went to
spot and noticed the dead body of the deceased. However,
the prosecution has cited CW.7 as the eyewitness to the
alleged incident of assault and CW.7 neither lodged any
complaint nor has informed about the alleged incident to
anybody. This aspect of the matter clearly goes to show
that CW.7 is not an eyewitness and is a planted witness.
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Hence, the same creates doubt about the prosecution
version. Even if the statement of CW.7 is to be believed to
be true, the only allegation against the petitioner is that
he assaulted the deceased on the buttock, legs and the
same is not a vital part of the body nor the same has
caused the death of the deceased. Except voluntary
statement of accused No.1, there is absolutely no material
placed to constitute the offence against the present
petitioner. The petitioner has been arrested and is in
judicial custody since 21.09.2025. The investigation is
already completed and charge sheet has been filed. The
petitioner is not required for further investigation and
petitioner is ready to abide by any conditions that may be
imposed by this Court. On all these grounds, prays to
allow the petition.
4. Per contra, learned High Court Government
Pleader opposed to the bail petition and prays to dismiss
the petition.
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5. Having heard the arguments on both sides and
perusal of materials, the following points would arise for
my consideration:
(i) Whether the petitioner is entitled for bail?
(ii) What order?
6. My answer to the above points are as under:
Point No.1 : in the Negative
Point No.2 : As per final order.
Regarding Point No.1:
7. On the basis of the complaint filed by
Tolapasha, Raghavendra Nagar Police have registered a
case in Crime No.122/2025 against the Saibanna Kumbar
and others for the aforestated offences. During the course
of investigation, the Investigating Officer has conducted
inquest panchanama, seizure panchanama and recorded
the statement of eyewitness Smt.Shahanaz @ Sabavva
and circumstantial witnesses CWs.8 to 13 and collected
post mortem report, FSL report and on thorough
investigation, the Investigating Officer has submitted the
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charge sheet against the accused for the commission of
offence under Sections 103(1), 324, 3(5) of BNS, 2023.
8. CW7-Shahanaz-eyewitness has given her
statement before the police that the accused
No.2/petitioner-Saibanna assaulted Chandsab-deceased on
his buttocks, back and hands. Though the present
petitioner has not used any weapon for commission of
offence, he has participated in the alleged incident along
with other accused. The alleged commission of offence
under Section 103 is punishable with death or
imprisonment for life. At this stage, if, the petitioner is
released on bail, there is a possibility of tampering or
threatening the prosecution witnesses and it will affect to
the society at large.
Regarding Point No.2:
9. Considering the nature and gravity of offences,
in my considered opinion it is not just and proper to allow
this petition. Accordingly, I proceed to pass the following:
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HC-KAR
ORDER
The petition is dismissed.
Sd/-
(G BASAVARAJA)
JUDGE
SDU
LIST NO.: 1 SL NO.: 13
CT-BH
