SHRI MAHAVEER S/O MAHADEV DHAREPPANAVAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17510
CRL.P No. 102839 of 2026
CNR: KAHC020191072026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102839 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
SHRI MAHAVEER S/O. MAHADEV DHAREPPANAVAR,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. CHIKKAPADASALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT.
…PETITIONER
(BY SRI T. R. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
SAVALAGI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD, PIN-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 RELEASE THE
PETITIONER/ACCUSED NO.4 ON BAIL, IN C.C.NO.116/2026 ARISING
OUT OF SAVALGI P.S.CRIME NO.69/2026 REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 61, 189(2), 191(2),
191(3), 126(2), 103(1), 326(f), 238 R/W. 190 OF BHARATIYA NAYA
SANHITA-2023 AGAINST HIM, PENDING ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM COURT JAMKHANDI,
DIST BAGALKOT, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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CRL.P No. 102839 of 2026
CNR: KAHC020191072026
ORAL ORDER
Heard learned counsel for the petitioner and learned HCGP
for the respondent/State.
2. The petitioner/accused No.4 has filed this petition
under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C.)
seeking regular bail in C.C.No.116/2026, pending on the file of
learned Principal Civil Judge (Sr.Dn.) and CJM Court.,
Jamkhandi, arising out of Crime No.69/2026 of Savalgi Police
Station, registered for the offences punishable under Sections
61, 189(2), 191(2), 191(3), 126(2), 103(1), 326(f), 238 R/W
Sec.190 of the Bharatiya Nyaya Sanhita, 2023.
3. The brief facts of the prosecution case in the
nutshell are as under:
On 21.04.2026, the de facto complainant lodged a
complaint before the respondent-Police, alleging that she is
residing with her husband-Parasappa, sons by names Avaduta,
Shantappa, Somaninga and daughter-Maayavva. It is alleged
that Somaninga had developed an illicit relationship with the
wife of accused No.1. Hence, a dispute arose between the
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CRL.P No. 102839 of 2026
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family of accused No.1 and the de facto complainant. On
20.04.2026 at about 10:00 a.m., the deceased left his house,
but did not return. Thereafter, on the same day at about 7:55
p.m., accused Nos.1 to 5, made criminal conspiracy to
eliminate the deceased and accordingly, they assaulted
deceased-Somaninga near the bus stand of Kannolli Village
with a knife, poured petrol and set him on fire.
4. During the course of investigation, all the accused
persons, including the petitioner, were arrested and in turn,
remanded to judicial custody. Hence, this petition.
5. Learned counsel for the petitioner contended that
the petitioner is innocent, has not committed any alleged
offence and has been falsely implicated in this case. It is
contended that there is no overt act alleged against him and
nothing is recovered from his possession. It is further
contended that the only allegation against this petitioner is that
he accompanied accused Nos.1 to 4 to the scene of occurrence
and instigated them to commit offence. It is contended that
now the investigation is completed and Investigating Officer
has filed the charge-sheet and the matter has been committed
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CRL.P No. 102839 of 2026
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to the Court of Sessions. It is contended that the petitioner is
ready to abide by any conditions that may be imposed by this
Court. On these grounds, learned counsel for the petitioner
prayed to allow the petition.
6. Per contra , learned HCGP vehemently contended
that the petitioner is involved in the offence punishable under
Section 103(1) of the BNS, 2023, and there is a prima facie
material against him. It is contended that there are
eyewitnesses to the incident and, if the petitioner is released on
bail, he may tamper with the prosecution witnesses and
hamper the trial. Hence, considering the gravity and nature of
the offence, the petitioner is not entitled to be enlarged on bail.
Hence, learned HCGP prayed to reject the bail petition.
7. Heard learned counsel for the petitioner/accused
No.5 and learned HCGP for the respondent-State.
8. Perused the material available on record.
9. The Investigating Officer, after completion of the
investigation, has filed the charge-sheet. The charge-sheet
material reveals that the incident occurred near the bus stand
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of Kannolli Village on 20.04.2026 at about 7:45 p.m. Accused
Nos.1 to 5 were conspired together, whereas accused Nos.1 to
4 assaulted the deceased with knives and caused severe
injuries. The post-mortem examination report reveals that the
cause of death was due to hypovolemic shock secondary to
injures to the major blood vessels left caroled and heart.
10. The Investigating Officer has recorded the
statements of the eyewitnesses to the incident. The
eyewitnesses, namely CWs.8 to 16, have stated about the
individual overt acts of accused Nos.1 and 2 and the manner in
which they assaulted the deceased. However, the eyewitnesses
to the incident have not stated anything against the present
petitioner with regard to any overtact. Thus, there is no specific
overt act attributed to the petitioner. The allegation against the
petitioner is that he made criminal conspiracy with accused
Nos.1 and 2 and instigated them to commit the offence. Hence
on the ground of parity also, the petitioner is entitled for bail.
11. On perusal of the entire prosecution papers and
considering the fact that investigation has been completed and
Investigating Officer has filed the charge-sheet and having
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regard to the facts and circumstances of the case, looking into
the nature of allegation made against the petitioner, gravity of
offence, severity of punishment, chances of petitioner
absconding or fleeing away from justice if released on bail,
character and antecedents of the petitioner tampering of the
prosecution witnesses, the petitioner is entitled for grant of bail
by imposing certain conditions. Accordingly, the Court proceeds
to pass the following;
ORDER
The petition filed under Section 439 of Cr.P.C., is
allowed
.
The petitioner/accused No.4 is ordered to be enlarged on
regular bail in C.C.No.116/2026, pending on the file of learned
Principal Civil Judge (Sr.Dn.) and CJM Court., Jamkhandi,
Bagalkote District, arising out of Crime No.69/2026 of Savalgi
Police Station, on executing personal bond in a sum of
Rs.2,00,000/- with two sureties for the like sum to the
satisfaction of concerned Court, subject to the following
conditions:
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i) The petitioner shall not tamper with or threaten
the prosecution witnesses either directly or
indirectly;
ii) The petitioner shall co-operate with the
investigating officer;
iii) The petitioner shall appear before the Court
regularly without fail;
iv) The petitioner shall not involve himself in similar
or any other offences in future;
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK /CT-AN
List No.: 1 Sl No.: 62