BASAPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10768
CRL.P No. 201350 of 2026
CNR: KAHC030097802026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 5 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201350 OF 2026
(438(Cr.PC)/482(BNSS)-)
BETWEEN:
1. BASAPPA
S/O HANAMANT KUMBARI,
AGE : 25 YEARS,
OCC: AGRICULTURIST,
R/O: YEMPAD VILLAGE,
TQ : GURUMITKAL
DIST : YADGIRI.
2. MAHADEVAPPA
S/O TIPPANNA KUMBARI,
AGE : 26 YEARS,
OCC: AGRICULTURIST,
R/O: YEMPAD VILLAGE,
TQ : GURUMITKAL
DIST : YADGIRI.
3. HANAMANT
S/O MALLAPPA KONDENUR,
AGE : 45 YEARS,
OCC: AGRICULTURIST,
R/O: YEMPAD VILLAGE,
TQ : GURUMITKAL
DIST : YADGIRI.
4. PAKIRAPPA @ FAKIRAPPA
S/O HANAMANT KONDENUR
AGE : 25 YEARS,
OCC: AGRICULTURIST,
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 201350 of 2026
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R/O: YEMPAD VILLAGE,
TQ : GURUMITKAL
DIST : YADGIRI.
…PETITIONERS
(BY SRI GANESH NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH MUDHOL POLICE STATION,
DIST : KALABURAGI.
ITS REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA AT KALABURAGI
BENCH TQ AND DIST KALABURAGI – 585 103.
…RESPONDENT
(BY SRI SIDDALING P.PATIL, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF BNSS(NEW) UNDER SECTION 438 OF CR.P.C (OLD) PRAYING
TO ALLOW THE PETITION THEREBY DIRECTING THE
RESPONDENT POLICE/MUDHOL POLICE STATION, DISTRICT
KALABURAGI TO ENLARGE THE PETITIONERS ON BAIL IN THE
EVENT OF THEIR ARREST IN CRIME NO. 97/2026,
REGISTERED BY THE MUDHOL POLICE STATION, DIST.
KALABURAGI FOR OFFENCES PUNISHABLE FOR THE
OFFENCE U/S. 25 AND 27 OF INDIAN ARMS ACT, 1959,
PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC (JN.DN) COURT SEDAM, KALABURAGI IN THE INTEREST
OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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CRL.P No. 201350 of 2026
CNR: KAHC030097802026
ORAL ORDER
Heard the learned counsel for the petitioners and
learned Addl. SPP for the respondent. Perused the
relevant materials on record.
2. This petition is filed by the petitioners/
accused No.3 to 6 under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 praying for an order to
grant anticipatory bail in their favour directing the
respondent Police to release them on bail in the event of
their arrest in the case in Crime No.97/2026 for the
offences punishable under Sections 25 and 27 of Arms
Act, pending before the learned Senior Civil Judge and
JMFC, Sedam.
3. The learned Addl. SPP for the respondent
Police has orally objected to the petition submitting that
there is prima facie material against the petitioners for
the alleged offences, which is punishable with
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imprisonment which shall not be less than seven years
but which may extend to imprisonment for life. The
custodial interrogation of the petitioners is very much
necessary in the time of investigation. The petitioners
were present at the spot, but they escaped from the spot
and as such, they are not entitled for grant of bail. The
investigation is not yet completed and at this stage, if
the petitioners are released on bail, there are chances of
them absconding and tampering with prosecution
witnesses and hampering further investigation of the
case. There is no any special ground made out by the
petitioners to grant anticipatory bail in their favour.
Therefore, the learned Addl. SPP has sought for
dismissal of the petition.
4. The case alleged against the petitioners is
that on 12.06.2026 in the night hours, when the Police
Inspector of respondent police station was on patrolling
duty, he received credible information at about 03.00
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a.m., that some people were moving around armed with
guns in their hands in the border area of Itkal cross.
When the Police Inspector along with his staff reached
the spot by jeep and when they raided the spot, arrested
two persons and others ran away from the spot. Upon
enquiry, it was revealed that the arrested persons are
accused No.1 and 2 and they disclosed the names and
identities of other accused persons who had ran away
from the spot who are the petitioners/ accused No.3
to 6. Hence, the case is registered against the accused
No.1 and 2 and the petitioners for the alleged offences.
Hence, the petitioners have committed the alleged
offences.
5. The contention of the petitioners is that they
are innocent of the offences alleged and that they have
not committed any of such offences. Per contra, as
submitted by Addl. SPP that the investigation is not yet
completed and it is at the initial stage. Hence, at this
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stage, the contention of the petitioners that they are
innocent of the offences alleged and they have not
committed any of such offences does not merit
consideration.
6. However, as submitted by learned counsel for
the petitioners and as per the materials forthcoming on
record, only on the basis of statement of accused No.1
and 2, these petitioners are arraigned as accused
persons in the case. The petitioners were not armed
with any weapons as alleged. Moreover, there is
absolutely no material forthcoming from the respondent
Police to show that the petitioners are involved in the
alleged offences.
7. However, even if it is accepted for the
sake of argument that there is prima facie case against
the petitioners for the alleged offence, the said
offence is not punishable with death or imprisonment
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for life. The maximum punishment for the alleged
offence is imprisonment which shall not be less than
seven years but which may extend to imprisonment for
life. The alleged offences are exclusively triable by the
learned Magistrate.
8. There is no material forthcoming from the
respondent Police to show any antecedents of the
petitioners that they committed similar or any other
offences earlier. It is pertinent to note that the accused
No.1 and 2 are already enlarged on bail by the learned
Magistrate as per order dated 19.06.2026 in Crime
No.97/2026.
9. Only on the basis of statement of co-accused,
the petitioners are arraigned as the accused No.3 to 6 in
the case. However, when accused No.1 and 2 are
granted regular bail by the learned Magistrate, the
petitioners being the accused No.3 to 6 are also entitled
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for benefit of anticipatory bail on the ground of parity.
There is no any serious or special ground made out by
the respondent Police to deny the anticipatory bail to
the petitioners.
10. Any of the apprehensions of the learned Addl.
SPP can be suitably met with by imposing proper and
necessary conditions on the petitioners while granting
anticipatory bail to them. Therefore, the petitioners
have made out sufficient grounds to grant anticipatory
bail in their favour and consequently, the petition
deserves to be allowed.
11. In the result, I proceed to pass the following:
ORDER
i. The petition is allowed.
ii. Consequently, the respondent Police is
directed to release the petitioners/accused No.3
to 6 on bail in the event of their arrest in
the case in their Crime No.97/2026 for the
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offences punishable under Sections 25 and 27 of
Arms Act, subject to the following conditions that:
1. The petitioners/ accused No.3 to 6 shall
appear before the Investigating Officer
within 15 days from the date of receipt of
copy of this order and they shall execute
personal bond for a sum of
Rs.1,00,000/- each with two sureties for
the like sum to the satisfaction of the
Investigating Officer.
2. They shall appear before the
Investigating Officer as and when
directed till final report is filed and they
shall assist the Investigating Officer in
further investigation of the case.
3. They shall appear before the learned
Magistrate/ trial Court as and when
directed.
4. They shall not tamper with prosecution
witnesses and shall not hamper the
investigation of the case in any manner,
and
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5. They shall not commit any similar
offences or any offence during pendency
of the case.
However, this order of anticipatory bail shall
not come in the way of the Investigating Officer in
taking custody of the petitioners with prior
permission of the learned Magistrate/ trial Court, if
custodial interrogation of the petitioners is required
in the investigation of the case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 21