SRI BASAVARAJ S/O SURESH KAMATI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16906
CRL.P No. 102567 of 2026
CNR: KAHC020179342026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102567 OF 2026
[439(Cr.P.C)/483(BNSS)]
BETWEEN:
SRI BASAVARAJ S/O SURESH KAMATI
AGED ABOUT 24 YEARS,
OCCUPATION: SHEPHERD,
RESIDING OF: HATTIALUR VILLAGE,
TALUK: HUKKERI,
DISTRICT: BAGALKOTE - 591 107.
…PETITIONER
(BY SRI SHIVANAND DALAWAI, ADVOCATE, FOR
SRI SANTOSH B. MALAGOUDAR)
AND:
THE STATE OF KARNATAKA
THROUGH PSI,
YAMAKANMARDI POLICE STATION, BELAGAVI,
REPRESENTED BY ITS ADDITIONAL
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARANTAKA,
DHARWAD - 580 007.
…RESPONDENT
(BY SRI JAIRAM SIDDI, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO
ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED ON
REGULAR BAIL IN CRIME NO.72 OF 2025 OF YAMAKANMARDI POLICE
STATION, BELAGAVI, REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 103(1) AND 238(a) OF THE BHARATIYA NYAYA
SANHITA, 2023.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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NC: 2026:KHC-D:16906
CRL.P No. 102567 of 2026
CNR: KAHC020179342026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
The petitioner/accused has filed the petition under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking regular bail in Sessions Case No.5088 of
2025 (Crime No.72 of 2025 of Yamakanmardi Police
Station) pending on the file of the learned VII Additional
District and Sessions Judge, Belagavi, Sitting at Chikkodi,
for the offences punishable under Sections 103(1) and
238(a) of the Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution, in brief, is that on
08.05.2025, at about 2:00 p.m., Sri Rayappa Suresh
Kamati had been to graze sheep. Subsequently, he was
found dead, near a field in Pachapur Village, having
sustained severe head injuries allegedly caused by a
stone. In this regard, on 09.05.2025, the father of the
deceased, who is examined as PW1, lodged a complaint.
Accordingly, the respondent-Police registered a case and
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NC: 2026:KHC-D:16906
CRL.P No. 102567 of 2026
CNR: KAHC020179342026
took up the investigation. During the course of
investigation, the petitioner was arrested and was
remanded to judicial custody.
3. Heard Sri Shivanand Dalwai, learned counsel
appearing for Santosh B. Malagoudar, learned counsel for
the petitioner, and Sri Jairam Siddi, learned High Court
Government Pleader for the respondent-State.
4. Learned counsel for the petitioner has contended
that the petitioner is innocent and has been falsely
implicated in this case. No material has been recovered at
the instance of the petitioner. The petitioner and the
deceased are brothers, and the complainant is the father
of the deceased. The complainant has turned hostile to the
case of the prosecution. The petitioners are ready and
willing to abide by the condition to be imposed by this
Court. Hence, he prays to allow the petition.
5. Per contra , the learned High Court Government
Pleader has contended that the petitioner is involved in an
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NC: 2026:KHC-D:16906
CRL.P No. 102567 of 2026
CNR: KAHC020179342026
offence punishable under Section 103(2) of the Bharatiya
Nyaya Sanhita, 2023, and there is prima-facie material
against him. The prosecution is yet to examine the
remaining material witnesses. Hence, he prays to dismiss
the petition.
6. Perused the material available on record. The
charge-sheet material indicates that the incident occurred
on 08.05.2025 and the petitioner, after committing
murder of his own brother, has made extra-judicial
confession before his father, who is a complainant. The
complainant has been examined as PW1, but he has
turned hostile and not supported the case of the
prosecution. In the cross examination, he denied the
suggestions that the petitioner has committed murder of
his brother. Hence, at this juncture, the petitioner has
made out a case for grant of bail.
7. It is well established principles of law that while
granting bail, the Court has to consider the nature of the
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CRL.P No. 102567 of 2026
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offence, circumstances in which the offence is committed,
position and status of the petitioner with reference to the
victim and witnesses, likelihood of fleeing away from
justice, of repeating similar offences by the petitioner the
possibility, of tampering with the witnesses, character and
antecedents of the petitioner. Further, the law is well
settled that, while disposing of a bail petition, Court need
not scan the prosecution papers and hold mini trial.
8. Keeping all these factors in mind, when the
Court goes through the entire material placed on record, it
can be said that prima facie there are no reasonable and
sufficient grounds to believe, at this stage, that the
petitioner is guilty of the offences alleged. Therefore, the
petitioner is entitled for bail.
Accordingly, this Court proceeds to pass the following
O R D E R
allowed
Criminal petition is .
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NC: 2026:KHC-D:16906
CRL.P No. 102567 of 2026
CNR: KAHC020179342026
The trial Court is directed to release the
petitioner/accused on regular bail in Sessions Case
No.5088 of 2025 (Crime No.72 of 2025 of Yamakanmardi
Police Station) pending on the file of the learned VII
Additional District and Sessions Judge, Belagavi, Sitting at
Chikkodi, for the offences punishable under Sections
103(1) and 238(a) of the Bharatiya Nyaya Sanhita, 2023,
subject to the following conditions:
i) Petitioner shall execute a personal bond
in a sum of Rs.2,00,000/- (Rupees two
lakh only) with two sureties for the
likesum to the satisfaction of the trial
Court;
ii) Petitioner shall not threaten or tamper
with the prosecution witnesses directly or
indirectly;
iii) Petitioner shall co-operate with the
Investigating Officer, until completion of
the investigation;
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CRL.P No. 102567 of 2026
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iv) Petitioner shall not involve in similar
offences in future, and
v) Petitioner shall mark his attendance
before the respondent-Police, viz.,
Investigating Officer/Station House Officer
once in every fortnight i.e., on first and
fifteenth of every month between
10.00 a.m. and 5.00 p.m. for a period of
six months or till filing of final report,
whichever is earlier.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK /CT-SK
List No.: 1 Sl No.: 61