SHRI RAJAN S/O GANAPATI KAMBLE vs THE STATE OF KARNATAKA (THROUG KAGWAD PS)

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 102870 OF 2026
(439(Cr.PC)/483(BNSS)
C/W
CRIMINAL PETITION NO. 102659 OF 2026
CRIMINAL PETITION NO. 102682 OF 2026


IN CRL.P NO. 102870/2026

BETWEEN:

SHRI RAJAN S/O. GANAPATI KAMBLE,
AGED ABOUT 25 YEARS, OCC: BUSINESS,
R/O. MANGASULI-591234,
TQ. KAGWAD, DIST. BELAGAVI.
…PETITIONER
(BY SRI ASHOK R. KALYANASHETTY, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
(THROUGH KAGWAD P.S.),
BY ITS STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT PREMISES, DHARWAD-580011.

…RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.
483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/
ACCUSED NO.4 ON BAIL IN KAGWAD P.S. CR.NO.
188/2025/S.C.NO.111/2026 ON THE FILE OF VTH ADDL. DISTRICT
AND SESSIONS JUDGE BELAGAVI FOR THE OFFENCE PUNISHABLE
U/S.85, 92, 103(1), 189(6), 238 AND 190 OF BNS, IN THE INTEREST
OF JUSTICE AND EQUITY.












Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026



IN CRL.P NO.102659/2026
BETWEEN:

SRI UMAR S/O. SALIM MAHANT,
(SHOWN AS ‘UMAR SALIM MAHAT’ IN
THE CHARGE SHEET), AGE: 23 YEARS,
OCC: CENTRING WORK,
R/O. PETH BHAG, GAVALI GALLI,
SANGLI STATE OF MAHARASHTRA,
(CURRENTLY LODGED
AT HINDALGA CENTRAL),
PRISON, BELAGAVI-590001.

...PETITIONER
(BY SRI SACHCHIDANAND BABAJI PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
THROUGH I.O., KAGWAD PS,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.

...RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP;
SMT. N. Y. DIXIT, ADV. FOR DEFACTO-COMPLAINANT)


THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS
(U/S.439 OF CR.P.C.), PRAYING TO ENLARGE THE PETITIONER/
ACCUSED NO.5 ON REGULAR BAIL IN S.C.NO.111 OF 2026
PENDING ON THE FILE OF THE VTH ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BELAGAVI, ARISING OUT OF KAGWAD P.S.
CRIME NO.188/2025, FOR THE OFFENCES PUNISHABLE U/S. 85,
92, 103(1), 189(6) 238 R/W. SECTIONS 190 OF THE BHARATIYA
NYAYA SANHITA, 2023, IN THE ENDS OF PROMOTING JUSTICE
AND EQUITY.

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


IN CRL.P NO. 102682/2026
BETWEEN:
SRI PRADEEP S/O. ANNASAHEB KIRANAGI,
AGE: 29 YEARS, OCC: ADVOCATE,
R/O. UGAR (B.K), TQ. KAGWAD,
DIST. BELAGAVI, CURRENTLY LODGED
AT: HINDALGA CENTRAL PRISON, BELAGAVI.

...PETITIONER
(BY SRI SACHCHIDANAND B. PATIL, ADVOCATE)
AND:

THE STATE OF KARNATAKA,
THROUGH I.O. KAGWAD P.S.,
REP/ BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
...RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP FOR R1;
SRI N. Y. DIXIT, ADV. FOR DEFACTO-COMPLAINANT)
THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS
(U/S.439 OF CR.P.C.), PRAYING TO ENLARGE THE PETITIONER/
ACCUSED NO.1 CRIME NO.188/2025, KAGWAD P.S. ON
REGULAR BAIL IN S.C.NO.111 OF 2026 PENDING ON THE FILE
OF THE VTH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
85, 92, 103(1), 189(6), 238 R/W. SECTION 190 OF THE
BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF
JUSTICE AND EQUITY.

THESE PETITIONS, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER
Heard learned counsel for the petitioners, learned HCGP
for the respondent/State and learned counsel for the defacto
complainant.

2. Criminal Petition No.102870/2026 is filed by the
petitioner/accused No.4, Criminal Petition No.102659/2026 is
filed by the petitioner/accused No.5 and Criminal Petition
No.102682/2026 is filed by the petitioner/accused No.1 under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
seeking regular bail in Crime No.188/2025 registered by
Kagwad Police Station, registered for the offences punishable
under Sections 85, 92, 103(1), 189(6), 238 read with Section
190 of the Bharatiya Nyaya Sanhita, 2023, pending on the file
of learned V Addl. District and Sessions Judge, Belagavi in
S.C.No.111/2026.


3. The brief facts of the prosecution case in nutshell
are as under:

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


The defacto complainant lodged the complaint on
08.09.2025, alleging that the daughter of defacto complainant
by name Chaitali was given in marriage to accused No.1. After
their marriage, accused No.1 and accused No.2 started to
harass the deceased both physically and mentally. In the
meanwhile, she conceived and on 07.09.2025, accused No.1
took the deceased Chaitali to hospital for treatment in his
motorcycle and assaulted her with iron rod. Initially a complaint
was lodged alleging that she died in the road accident.
However, during the course of investigation, it was revealed
that accused No.1 assaulted the deceased with iron rod and
accused No.2 to 6 had conspired to potray the incident as an
accident. Accordingly, the present petitioners were arrested by
the respondent-police and later they were remanded to judicial
custody. Hence, these petitions.

4. Learned counsels for petitioners vehemently
contended that these petitioners are falsely implicated in the
case. In fact, deceased Chaitali died in a road accident. But the
defacto complainant falsely implicated these petitioners in the
case. Now the investigation is completed and the Investigating

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


Officer has filed charge sheet and the petitioners are ready and
willing to abide by the conditions to be imposed by this Court.
It is contended that they are ready to co-operate with the
investigating agency. Hence, learned counsel for petitioners
prayed to grant the bail and allow the petitions.


5. Per contra , learned HCGP contended that the
petitioners are involved in an offence punishable under Section
103(1) of BNS, 2023 and that a prima facie case is made out
against them. If the petitioners are released on bail, there is a
likelihood that they may tamper the prosecution witnesses and
obstruct the course of the trial. In view of the serious nature
and gravity of the offence, learned HCGP contended that the
petitioners are not entitled for bail. Accordingly, learned HCGP
prayed to reject the bail petitions.


6. Upon perusal of the material available on record, it
is evident that the Investigating Officer after completion of
investigation has filed the charge sheet against accused No.1 to
6. The petitioners herein are accused No.1, 4 and 5. The
allegation against them is that they conspired with one another

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


in connection with the commission of the alleged offence. As
per the charge sheet material, accused No.1 had been to
hospital with deceased Chaitali for her treatment, where he
picked up a quarrel with her, assaulted her with iron rod on her
head and thereby caused her death. The postmortem
examination report reveals that the cause of death is due to
head injury sustained. It shows that the entire allegation is
against accused No.1, who is none other than husband of the
deceased. Insofar as the allegation against accused No.4 and 5
are concerned, the prosecution witnesses made allegations that
they hatched a criminal conspiracy in order to eliminate the
deceased in collusion with accused No.1. The strength of
material collected against the petitioners appears to be not
crucial one. The investigation report revealed that accused No.1
made a voluntary statement leading to the seizure of the iron
rod. However, nothing has been recovered from accused No.5
and 6. Apart from the voluntary statement of accused No.1, no
other material has been placed on record to directly connect
accused No.4 and 5 with the commission of offence nor has any

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


motive been attributed to them. It is not in dispute that the
investigation is completed and the charge sheet has been filed.


7. Upon perusal of the entire prosecution records, it
reveals that at this juncture there are no material on record
against accused No.4 and 5. Prima facie to attract the offence
under Section 103(1) of BNS, 2023, particularly when the
principle allegation of assaulting the deceased and causing her
death is directed against accused No.1. The fact that the trial
Court granted bail in favour of accused No.6 in Criminal Petition
No.100807/2026 by dated 16.09.2026. Taking note of the fact
that accused No.4 and 5 are also stands on the same footing as
that of accused No.6, who has already been granted bail by this
Court. Thus it is just and necessary to allow the bail petitions of
accused No.4 and 5 and to release them on bail.


8. Insofar as accused No.1 is concerned, the
allegations against him are serious in nature. He is alleged to
have assaulted his own wife with an iron rod on her head,
resulting in her death. The post-mortem examination report
also supports the prosecution case regarding the cause of

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


death. The material collected during the course of investigation,
including the recovery of the iron rod pursuant to his voluntary
statement, prima facie connects accused No.1 with the
commission of the alleged offence. Having regard to the nature
and gravity of the offence, the severity of the punishment,
chances of petitioner absconding, and the material available
against him, this Court is not inclined to exercise its discretion
in favour of accused No.1. Hence, he is not entitled to be
enlarged on bail.



9. Accordingly, the Court proceeds to pass the
following:
ORDER
Criminal Petition No.102682/2026 filed by
petitioner/accused No.1 is dismissed .
Criminal Petition No.102870/2026 filed by
petitioner/accused No.4 and Criminal Petition No.102659/2026
filed by petitioner/accused No.5 are allowed .
The respondent-police are directed to release the
petitioners/accused No.4 and 5 in connection with Crime
No.188/2025 registered by Kagwad Police Station, for the
offences punishable under Sections 85, 92, 103(1), 189(6), 238

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HC-KAR
NC: 2026:KHC-D:18229
CRL.P No. 102870 of 2026
C/W CRL.P No. 102659 of 2026
CRL.P No. 102682 of 2026


CNR: KAHC020190902026


read with Section 190 of the Bharatiya Nyaya Sanhita, 2023,
pending on the file of learned V Addl. District and Sessions
Judge, Belagavi in S.C.No.111/2026, subject to the following
conditions:
i) Petitioners shall execute a personal bond in a
sum of Rs.2,00,000/- (Rupees two lakh only)
each with two sureties each for the likesum to
the satisfaction of the trial Court/jurisdictional
Court;

ii) Petitioners shall not threaten or tamper with
the prosecution witnesses directly or indirectly;
iii) Petitioners shall not involve in any offences in
future, and
If any of the above conditions are violated, the
prosecution is at liberty to move the Court for cancellation of
bail.
It is made clear that the above observations made herein

are only for disposal of the present petitions.


Sd/-
(VENKATESH NAIK T)
JUDGE

CLK /CT-AN
List No.: 1 Sl No.: 26