UDAYKUMAR S/O BHIMAPPA MUSHENNAVAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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CRL.P No. 102759 of 2026
CNR: KAHC020183712026
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. 102759 OF 2026
(439(CR.PC)/483(BNSS)
BETWEEN:
1. UDAYKUMAR S/O BHIMAPPA MUSHENNAVAR
AGE: 24 YEARS, OCC: COOLIE,
R/O. GUJANAL VILLAGE, TQ: GOKAK,
DIST: BELAGAVI-591307.
2. RAMU S/O BHIMAPPA DANDAPUR
AGE: 34 YEARS, OCC: DRIVER,
R/O. GUJANAL VILLAGE, TQ: GOKAK,
DIST: BELAGAVI-591307,
PRESENTLY AT JAI JAWAN GALLI,
BELAGAVI- 590001.
… PETITIONERS
(BY SRI. SANGAMESH S. GULAPPANAVAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY PSI, RAIBAG PS,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
2023, PRAYING TO RELEASE PETITIONERS/ACCUSED NO. 6 AND 8
ON REGULAR BAIL IN SC NO. 5090/2025 PENDING ON THE FILE OF
VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI
SITTING AT CHIKKODI (CRIME NO. 123/2025 RAIBAG PS) FOR THE
OFFENCES PUNISHABLE U/SEC. 189(2), 191(2), 191(3), 352(2),
103(1), 140, 238, 61(2) R/W SEC. 190 OF BNS, 2023, PENDING ON
BY ALLOWING THIS PETITION.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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CRL.P No. 102759 of 2026
CNR: KAHC020183712026
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard learned counsel for the petitioners and learned
High Court Government Pleader appearing for respondent-
State.
2. The petitioners/accused No.6 and 8 have filed this
petition under Section 483 of Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023 seeking to grant regular bail in
S.C.No.5090/2025, pending on the file of learned VII Additional
District and Sessions Judge, Belagavi, sitting at Chikkodi in
connection with Crime No.123/2025 of Raybag Police Station
registered for the offences punishable under Sections 189(2),
191(2), 191(3), 353(2), 103(1), 140, 238, 61(2) read with
Section 190 of the BNS, 2023.
3. The brief facts of the prosecution case in nutshell is
as under:
The de facto complainant-Smt. Rekha Santosh Patil
lodged a complaint on 29.04.2025 against accused Nos.1 and 2
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and against unknown persons alleging that her husband,
Santosh Patil, an advocate practicing at Raybag Courts, was
kidnapped on 29.04.2025 while he was proceeding to the
Court. As per Column No.17 of the charge-sheet, accused No.1,
who is also a practicing advocate at Raybag, had allegedly
claimed rights over the property of deceased Laxman Ashok
Patil on the basis of a Will. The wife of the deceased challenged
the same before the Assistant Commissioner, Chikkodi, who
passed an order of status quo. The complaint also refers to a
pending property dispute and a suit instituted by her husband
against accused No.1, wherein he was allegedly threatened
with serious consequences. Hence, FIR came to be registered
and Investigating Officer took up the investigation.
4. During the course of investigation, the
petitioners/accused persons were arrested and later, they were
remanded to judicial custody. Thereafter, the Investigating
Officer has filed the charge-sheet 07.09.2025 and the case was
committed to the Sessions Court. Hence, this petition.
5. Learned counsel for the petitioners vehemently
contended that the Trial Court has already granted regular bail
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CRL.P No. 102759 of 2026
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to accused No.1 to 3 and anticipatory bail to accused No.4, who
are the principal accused. It is further contended that accused
Nos.5 to 9 are alleged to be conspirators. Therefore, there is no
prima facie allegation against these petitioners and they have
been falsely implicated in the present case. Hence, learned
counsel for the petitioners prays to allow the petitions.
6. Per contra , the learned High Court Government
Pleader vehemently contended that, there is prima facie
material against these petitioners and they are involved in the
alleged offences. It is contended that if the petitioners are
enlarged on bail, there is every possibility of their tampering
with the prosecution witnesses, hampering the investigation
and interfering with the trial. Hence, learned HCGP prayed to
reject the petition.
7. Perused the material available on record.
8. The material available on record prima facie
demonstrates these petitioners along with other accused are
involved in the commission of the aforesaid offences. The main
allegation against these petitioners is that they entered into a
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criminal conspiracy with accused Nos.1 to 4, who are the
principal accused, for committing the murder of deceased
Lakshman Ashok Patil.
9. Having heard the learned counsel for the parties
and having perused the material available on record, it is
noticed that the principal accused have already been enlarged
on bail by the Trial Court. Therefore, considering the role
attributed to the present petitioners and the fact that the
principal accused persons have already been granted bail, this
Court is of the considered view that the petitioners are entitled
to bail on the ground of parity.
10. It is well established principles of law that while
granting bail, Court has to consider the nature of the offence,
circumstances in which the offence is committed, position and
status of the petitioners with reference to the victim and
witnesses, likelihood of fleeing away from justice, of repeating
same offences by the petitioners, of tampering with the
witnesses, character and antecedents of the petitioners.
Further, the law is well settled that while disposing of the bail
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petition Court need not scan the prosecution papers and hold
mini trial.
11. 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 petitioners are guilty
of the offences alleged. Since, principal accused persons have
already been granted bail, on the ground of parity, these
present petitioners are entitled for regular bail.
12. Accordingly, the Court proceed to pass the
following;
ORDER
allowed
The criminal petition is . The petitioners/accused
No.6 and 8 are ordered to be released on regular bail in
connection with Crime No.123/2025 of Raibag Police Station,
pending in S.C.No.5090/2025, on the file of learned VII
Additional District and Sessions Judge, Belagavi, sitting at
Chikkodi, on executing personal bond for a sum of ₹2,00,000/-
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each with two sureties for the likesum to the satisfaction of the
trial Court/jurisdictional Court, subject to following conditions:
i. The petitioners shall appear before the
jurisdictional Court on all the dates of hearing
without fail.
ii. The petitioners shall not tamper with prosecution
witnesses.
iii. The petitioners shall not directly or indirectly
tamper with or threaten the prosecution witnesses
in any manner.
iv. The petitioners shall co-operate with the
Investigating Officer.
v. The petitioners shall not involve in any offences in
future, and
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:GSM
LIST NO.: 1 SL NO.: 22