BALESH S/O. BASAVARAJ SANKAPAL vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17683
CRL.P No. 102137 of 2026
CNR: KAHC020108672026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102137 OF 2026
[439(Cr.P.C)/483(BNSS)]
BETWEEN:
BALESH S/O BASAVARAJ SANKAPAL,
AGED ABOUT 26 YEARS,
OCCUPATION: PRIVATE WORK,
RESIDING OF: HALABAG GALLI,
GOKAK, DISTRICT: BELAGAVI - 591 308.
…PETITIONER
(BY SRI PRAVEEN HUCHARADDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
THROUGH GOKAK TOWN POLICE STATION,
REPRESENTED BY HCGP/SPP,
DHARWAD BENCH - 580 011.
2. DEEPAK SHRIKANT INGALAGI
AGED ABOUT 28 YEARS,
RESIDING OF: AADI JAMBAV NAGAR,
TALUK: GOKAK,
DISTRICT: BELAGAVI - 590 001.
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CRL.P No. 102137 of 2026
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3. SMT. TRIVENI W/O. SIDDAPPA KANMADI,
AGED ABOUT 35 YEARS,
OCCUPATION: ASSISTANT HELPER,
RESIDING OF: AADI JAMBAV NAGAR,
TALUK: GOKAK,
DISTRICT: BELAGAVI - 591 307.
…RESPONDENTS
(BY SRI JAIRAM SIDDI, H.C.G.P., FOR R-1, AND
SRI AVINASH M. ANGADI, ADVOCATE, FOR R-2 AND R-3)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO
SET ASIDE THE ORDER DATED 22.08.2025 PASSED BY THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE (KCOCA SPECIAL
JUDGE), BELAGAVI, IN SPECIAL CASE NO.202/2020, REJECTING THE
BAIL PETITION FILED BY THE PETITIONER UNDER SECTION 483 OF
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, AND
FURTHER ORDER THAT, THE PETITIONER/ACCUSED NO.17 BE
RELEASED ON REGULAR BAIL IN SPECIAL CASE NO.202/2020
REGISTERED BY GOKAK TOWN POLICE FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 150, 120B, 212,
201, 109, 115, 341, 302, 504, 506, 34, 35 AND 37 READ WITH
SECTION 149 OF I.P.C., SECTIONS 3(1)(r), 3(1)(s), 3(2)(V) AND
3(2)(va) OF THE SC AND ST (POA) ACT, 1989, SECTIONS 3(1)(i),
3(2), 3(3), 3(4) AND 3(5) OF THE KARNATAKA CONTROL OF
ORGANISED CRIME ACT, 2000, AND SECTION 251 B VI (6) AND (7)
OF THE ARMS AMENDMENT ACT, 2019.
THIS CRIMINAL PETITION IS COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:17683
CRL.P No. 102137 of 2026
CNR: KAHC020108672026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard learned counsel for the petitioner and learned
HCGP for respondent-State.
2. The petitioner/accused No.17 has filed this petition
under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking grant of regular bail in Special Case No.202 of
2020 pending on the file of the Principal District and Sessions
Judge (KCOCA Special Judge), Belagavi, for the offences
punishable under Sections 143, 144, 147, 148, 150, 120B, 212,
201, 109, 115, 341, 302, 504, 506, 34, 35 and 37 read with
Section 149 of the Indian Penal Code, 1860, under Sections
3(1)(r), 3(1)(s), 3(2)(V) and 3(2)(va) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,
under Sections 3(1)(i), 3(2), 3(3), 3(4) and 3(5) of the
Karnataka Control of Organised Crime Act, 2000, and under
Section 251B VI (6) and (7) of the Arms Amendment Act,
2019.
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CRL.P No. 102137 of 2026
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3. The brief facts of the prosecution case are that on
06.05.2020, at about 8:00 p.m., when the de facto
complainant and other witnesses were at Adi Jambava Cross in
Gokak Town, an incident occurred owing to an earlier dispute
between Siddappa (hereinafter referred to as 'deceased') and
accused No.3. It is alleged that accused Nos.3 to 5 arrived on a
motorcycle along with other accused persons and assaulted the
deceased. When the de facto complainant and other witnesses
attempted to intervene and rescue the deceased, the present
petitioner and other accused allegedly threatened them with
dire consequences. The injured was shifted to the Hospital for
treatment and subsequently, succumbed to the injuries on
07.05.2020 at about 4:10 a.m.
4. Learned counsel for the petitioner has vehemently
contended that the petitioner is innocent and has been falsely
implicated in the case. He was aged 19 years at the time of
incident and has been in judicial custody for nearly six years.
He further contended that the learned Principal District and
Sessions Judge, Belagavi, had granted interim bail to the
petitioner and during the said period, his marriage was
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solemnised. He further contended that the petitioner is ready to
co-operate with the investigation and is ready to abide by any
conditions that may be imposed by this Court. He further
contended that the Hon'ble Apex Court has granted bail to
accused Nos.10 to 14 and 16, and a Co-ordinate Bench of this
Court has granted bail to accused Nos.15 and 21. The
allegations made against accused No.10 is similar to that of the
petitioner and hence, on the ground of parity, the petitioner is
also entitled to bail. On all these grounds, he prays to allow
the petition.
5. Per contra , the learned High Court Government Pleader
opposes the petition and contended that the petitioner is
involved in a heinous offence punishable under Section 302 of
the Indian Penal Code, 1860, and there is a prima-facie
material against him. He further contended that there are
seven eyewitnesses to the incident. The prosecution has
examined PWs.1 to 63 and all the material witnesses have
deposed against the petitioner. Further, the petitioner is a
rowdy-sheeter and if he is released on bail, he may tamper
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with the prosecution witnesses and hamper the trial. Hence, he
prays for dismissal of the petition.
6. Perused the material on record. After completion of the
investigation, the Investigating Officer has filed the charge-
sheet. The charge-sheet material reveals that, on the relevant
date and time, a dispute arose between two groups in
connection with an earlier dispute. The material on record
further indicates that, while the other accused persons
allegedly assaulted the deceased, the present petitioner and
certain other accused persons are alleged to have prevented
the eyewitnesses from intervening in the incident while holding
knives in their hands. Admittedly, the Hon'ble Apex Court
granted bail in favour of accused Nos.10 to 14 and 16, and the
Co-ordinate Bench of this Court granted bail in favour of
accused Nos.15 and 21. Though some of the co-accused have
been enlarged on bail, the allegations made against the present
petitioner are distinct. Therefore, at this stage, the petitioner
cannot claim the benefit of parity merely on the ground that
the other accused persons have been granted bail. The
petitioner is a rowdy-sheeter and the same is not challenged in
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CRL.P No. 102137 of 2026
CNR: KAHC020108672026
any of the proceedings by the petitioner. The material further
indicates that many First Information Reports have been
registered on the ground that some of the accused persons are
threatening the prosecution witnesses with dire consequences.
Hence, considering the nature and gravity of the allegations,
the stage of the proceedings and the apprehension expressed
by the prosecution regarding possible interference with the
witnesses, this Court is of the considered opinion that the
petitioner has not made out a case for grant of regular bail.
dismissed
Accordingly, the criminal petition is . However,
the petitioner is at liberty to move an application for bail, after
examination of the prosecution witnesses.
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK /CT-SK
List No.: 1 Sl No.: 23