YALLALINGA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11331
CRL.P No. 201384 of 2026
CNR: KAHC030108192026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201384 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
SRI YALLALINGA
S/O SHANKARAPPA SANGOGI,
AGED ABOUT 26 YEARS,
OCC: COOLIE,
R/O: KONDGULI VILLAGE,
TQ : YEDRAMI,
DIST : KALABURAGI – 585 325.
…PETITIONER
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH YADRAMI POLICE STATION,
TQ: YADRAMI,
DIST : KALABURAGI,
REP. BY ITS ADDL. SPP,
HIGH COURT BENCH
KALABURAGI 585 102.
…RESPONDENT
(BY SRI SIDDALING P.PATIL, ADDL. SPP)
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
(OLD), UNDER SECTION 483 OF BNSS (NEW), PRAYING TO
ALLOW THIS BAIL PETITION AND THEREBY RELEASE THE
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HC-KAR
NC: 2026:KHC-K:11331
CRL.P No. 201384 of 2026
CNR: KAHC030108192026
PETITIONER / ACCUSED NO.1 ON BAIL IN S.C.NO.171/2026
ARISING OUT OF CRIME NO.55/2026, PENDING ON THE FILE
OF III ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI,
REGISTERED BY THE RESPONDENT-YADRAMI POLICE, IN
CONNECTION WITH ALLEGED COMMISSION OF OFFENCE
PUNISHABLE UNDER SECITON 105 OF BNS, 2023, IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR DICTATING ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioner and
the learned Addl. SPP for the respondent/ State.
Perused the relevant materials on record.
2. This petition is filed by the petitioner/
accused No.1 under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying to
grant bail in his favour in the case in SC No.171/2026
pending before the learned III Addl. District and
Sessions Judge, Kalaburagi, arising out of Crime
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HC-KAR
NC: 2026:KHC-K:11331
CRL.P No. 201384 of 2026
CNR: KAHC030108192026
No.55/2026 of the respondent Police for the offence
punishable under Section 105 of Bharatiya Nyaya
Sanhita (for short ‘BNS’).
3. The learned Addl. SPP has orally objected to
the petition submitting that there are sufficient
materials against the petitioner for the alleged offence
under Section 105 of BNS, which is punishable with
i mprisonment for life, or imprisonment for not less than
5 years but which may extend to 10 years. The
deceased is wife of the petitioner. Mere fact that the
investigation is over and the charge sheet is filed cannot
a ground to release on bail. On the other hand, filing of
the charge sheet clearly shows that there is sufficient
material against the petitioner for the alleged offence. If
the petitioner is released on bail, there is chance of him
tampering with prosecution witnesses and hampering
further investigation of the case. Therefore, the learned
Addl. SPP has sought for dismissal of the petition.
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NC: 2026:KHC-K:11331
CRL.P No. 201384 of 2026
CNR: KAHC030108192026
4. The case alleged against the petitioner is that
on 08.03.2026 at about 10.00 p.m., there was
altercation between petitioner and the deceased
regarding birthday celebration of their daughter. The
deceased intended to celebrate the birthday of their
daughter and the petitioner opposed the same and he
slapped the deceased severely on the face, due to which
she fell onto a kitchen gas stove slab and sustained
injuries on her forehead and due to bleeding from the
nose she died and thereby the petitioner committed the
alleged offence.
5. The contention of the petitioner is that he is
innocent of the offences alleged against him and he has
not committed any offence as alleged. As submitted by
the learned counsel for the petitioner, initially UDR case
was registered regarding death of the deceased and after
more than 2 months, the complaint was given by the
mother of the deceased to the Police and the case was
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CRL.P No. 201384 of 2026
CNR: KAHC030108192026
registered against the petitioner for the offences
punishable under Sections 103, 238, 54 read with
Section 3(5) of BNS against the petitioner and the
accused No.2 to 4. The respondent Police took up
investigation of the case and after investigation, the
charge sheet is filed only against the petitioner for the
offence punishable under Section 105 of BNS. This
would clearly show that the act alleged against the
petitioner is culpable homicide not amounting to
murder. Moreover, the allegations made against the
petitioner is that he assaulted with hand on the temple
region of the deceased.
6. However, even if it is accepted for the sake of
argument that there is prima facie case against the
petitioner for the alleged offence punishable under
Section 105 of BNS, the said offence is not punishable
with death or imprisonment for life. The maximum
punishment for the alleged offence is imprisonment for
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CRL.P No. 201384 of 2026
CNR: KAHC030108192026
a term which shall not be less than 5 years, but which
may extend to 10 years, e ven though the alleged offence
is triable by the Court of Sessions. Hence, there is no
reason to deny bail to the petitioner.
7. The bail is rule and jail is an exception. It is
well settled that the accused should not be allowed to
remain in judicial custody at pre-trial stage as
punishment for the alleged offence. There is absolutely
no allegation against the petitioner that there was any
harassment by him to the deceased earlier to the
incident. Hence, even if the petitioner is released on
bail, there is no chance him tampering with prosecution
witnesses and hampering trial of the case. There is no
material forthcoming from the respondent Police to
show any antecedents of the petitioner that he
committed similar offences or any offence earlier.
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CRL.P No. 201384 of 2026
CNR: KAHC030108192026
8. Any of the apprehensions of the learned Addl.
SPP can be suitably met with by imposing proper and
necessary conditions on the petitioner making him to
assist the Investigating Officer in further investigation of
the case. There is no any special ground made out by
the respondent Police to deny bail to the petitioners.
Therefore, the petitioner has made out sufficient ground
to grant bail in his favour and thus he is entitled to bail
as sought for. Consequently, the petition deserves to be
allowed.
9. In the result, I proceed to pass the following:
ORDER
allowed
i) The petition is hereby .
ii) Consequently, the petitioner/
accused No.1 shall be enlarged on bail in
the case in Crime No.55/2026 of the
respondent Police for the offence
punishable under Section 105 of BNS on
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CRL.P No. 201384 of 2026
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his executing personal bond for
Rs.2,00,000/- with two sureties for the
like sum to the satisfaction of the learned
Sessions Judge/ trial Court, subject to
the following conditions that:
a)
The petitioner shall appear before
the Investigating Officer as and
when required and he shall assist
the Investigating Officer in further
investigation of the case.
b) He shall appear before the learned
Sessions Judge and also before
trial Court as and when directed
and he shall assist the trial Court
in trial of the case.
c)
He shall not tamper with
prosecution witnesses and also
hamper further investigation of the
case in any manner, and
d)
He shall not commit any similar
offences or any offence during the
pendency of case.
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HC-KAR
NC: 2026:KHC-K:11331
CRL.P No. 201384 of 2026
CNR: KAHC030108192026
If the petitioner violates any of the conditions of
bail, the bail granted in his favour shall stand cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 27