SRI. MALLAPPA ALIYAS MALLANNA ALIYAS MALLESH S/O BASAPPA ALIYAS BASANNA KUMBAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18415
CRL.P No. 103085 of 2026
CNR: KAHC020203612026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 103085 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
1. SRI. MALLAPPA @ MALLANNA @ MALLESH
S/O. BASAPPA @ BASANNA KUMBAR,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. CHINNAPUR S.K., TQ: ILKAL,
DIST: BAGALKOTE-587125.
2. SRI. MUTTAPPA @ LAXMAN S/O. YAMANAPPA KUMBAR,
AGE: 19 YEARS, OCC: AGRICULTURE,
R/O. KUCHABAL VILLAGE,
TQ. TALIKOTI, DIST. VIJAYAPUR-586212.
… PETITIONERS
(BY SRI SANTOSH B. MALAGOUDAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH P.S.I., ILKAL RURAL POLICE STATION,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD, PIN-587204.
… RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS
(U/S.439 OF CR.P.C.), PRAYING TO ALLOW THE PRESENT PETITION
AND ENLARGE THE PETITIONERS ON REGULAR BAIL IN S.C.
NO.15/2026 , PENDING ON THE FILE OF II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BAGALKOTE, ITINERARY COURT, HUNGUND,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
118 (2), 189(2), 191(2), 191(3), 126(2) , 115 (2) , 118(1), 109(1),
103(1), 352, 351(2), 324(4) R/W. 190 OF BNS 2023, IN ILKAL
RURAL P.S. CRIME NO.111/2025, IN SO FAR AS PETITIONERS/
ACCUSED NO.3 & 5 ARE CONCERNED, 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:18415
CRL.P No. 103085 of 2026
CNR: KAHC020203612026
THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard the learned counsel Sri.Santosh B.Malagoudar for
the petitioners/accused Nos.3 and 5 and Sri.Jairam Siddi,
learned HCGP for respondent-State.
2. The petitioners/accused Nos.3 and 5 have filed this
petition under Section 483 of BNSS, 2023 (Section 439 of
Cr.P.C.) seeking regular bail in S.C.No.15/2026 pending on the
file of the II Additional District and Sessions Judge, Bagalkote,
Itinerary Court, Hungund (crime No.111/2025 of Ilkal Rural
Police Station) registered for the offences punishable under
Sections 118(2), 189(2), 191(2), 191(3), 126(2), 115(2),
118(1), 109(1), 103(1), 352, 351(2), 324(4) r/w 190 of the
Bharatiya Nyaya Sanhita, 2023.
3. The brief facts of the prosecution case in the
nutshell are as under:
The defacto complainant by name Parvatewwa Kumbar
lodged a complaint on 01.10.2025 alleging that herself, her
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NC: 2026:KHC-D:18415
CRL.P No. 103085 of 2026
CNR: KAHC020203612026
husband Mallappa and her children by name Chandrashekhar
and Vithal are residing together at Chinnapur SK Village of
Islampur. Their family property situated adjacent to Islampur
road and the property was partitioned. Two acres of land was
fallen to the share of her husband's brother by name Basappa
and four acres of land has fallen to the share of her husband.
After the partition, her brother-in-law by name Basappa used to
prevent them in using the pathway, and as such, there is
dispute between both the families. When such being the case,
about 4-5 days back, prior to the incident, Basappa and his
family members had laid stones on the pathway and when the
family of the defacto complainant requested them to remove
the stones, they picked up quarrel and threatened them with
dire consequences. On 30.09.2025, at 09.00 p.m., her husband
Mallappa and her elder son Chadrashekar had visited their
landed property. On 01.10.2026, when her husband came back
at about 6.00 a.m. and her son Chadrashekar came back at
7.00 a.m., Basappa and his family members picked up quarrel
with her husband and son. At that time, these petitioners and
others were assaulted Basappa with axe, iron rod and club.
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CRL.P No. 103085 of 2026
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Thus, Basappa sustained severe injuries and died on the spot
and her son Chandrashekhar sustained severe injuries. Thus,
the defacto complainant lodged the complaint.
4. During the course of investigation, these
petitioners/accused Nos.3 and 5 were arrested and in turn,
they were remanded to judicial custody. Hence, this petition.
5. Learned counsel for the petitioners/accused Nos.3
and 5 contended that petitioners are falsely implicated in the
case. Prima facie, there is no material against the petitioners.
The principal accused are already enlarged on bail. The
investigation is completed and the Investigating Officer has
filed the charge sheet. The further detention of the petitioners
is not at all necessary. The petitioners undertakes to abide by
any conditions to be imposed by this court. Hence, learned
counsel for the petitioners prayed to allow the petition.
6. The learned HCGP vehemently contented that there
is prima facie material against the petitioners. The petitioners
are involved in the offence punishable under Section 103(1) of
BNS, 2023. There are injured eyewitnesses to the incident. If
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the petitioners are released on bail, they may tamper the
prosecution witnesses and hamper the trial. Considering the
nature and gravity of the offence, the petitioners are not
entitled for regular bail. Hence, learned HCGP prayed to reject
the petition.
7. Perused the material available on record. The
Investigating Officer after completion of the investigation has
filed the charge sheet. The charge sheet material clearly
demonstrates that there was a dispute between the family of
the defacto complainant and the accused persons with regard
to the pathway. There is no dispute that the complainant family
and accused family are brothers. The Investigating Officer has
recorded the statement of the eyewitness to the incident and
they have stated about the individual overt act of accused
Nos.1 to 7, and the manner in which they assaulted the
deceased. As per the allegations made against the accused
persons, accused No.1 assaulted with club on the head of the
deceased. Accused Nos.2 and 3 assaulted with club, accused
No.4 assaulted with chappal, accused No.5 assaulted with club,
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accused No.6 assaulted with axe and accused No.7 assaulted
the deceased with rod.
8. The bail orders furnished by the learned counsel for
the petitioners clearly demonstrate that the learned Sessions
Judge granted bail in favour of accused Nos.1, 4 and 7 and this
court granted bail in favour of accused Nos.2 and 6 in
Crl.P.No.102791/2026, and the allegations made against
accused Nos. 1, 2, 4, 6 and 7 and the present
petitioners/accused Nos.3 and 5 are similar. The allegation
against accused No.3 is that, he assaulted with club and
accused No.6 assaulted with axe on the deceased. The cause of
death as per the postmortem examination report is that, death
is due to head injury sustained as a result of subdural and
subarachnoid hemorrhage. Since the learned Sessions Judge
granted bail to accused No.1, who assaulted the deceased with
the club on his head, the allegation made against accused
Nos.3 and 5 is also similar.
9. On perusal of the entire prosecution papers and
having regard to the facts and circumstances of the case,
looking into the nature of allegation made against the
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petitioners, gravity of offence, severity of punishment, chances
of petitioners absconding or fleeing away from justice if
released on bail, character and antecedents of the petitioners
tampering of the prosecution witnesses, and on the ground of
parity also, the petitioners/accused Nos.3 and 5 are entitled for
regular bail.
10. Accordingly, I proceed to pass the following:
ORDER
allowed
a. The Criminal petition is .
b. The petitioners/accused Nos.3 and 5 are directed to
be enlarged on bail in S.C.No.15/2026 pending on the
file of the II Additional District and Sessions Judge,
Bagalkote, Itinerary Court, Hungund (crime
No.111/2025 of Ilkal Rural Police Station) registered
for the offences punishable under Sections 118(2),
189(2), 191(2), 191(3), 126(2), 115(2), 118(1),
109(1), 103(1), 352, 351(2), 324(4) r/w 190 of the
Bharatiya Nyaya Sanhita, 2023 , subject to the
following conditions:
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CRL.P No. 103085 of 2026
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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;
ii) Petitioners shall not threaten or tamper with the
prosecution witnesses directly or indirectly;
iii) Petitioners shall not involve in similar or any 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
MBS
CT: AN
List No.: 1 Sl No.: 64