RAVICHANDRA vs THE STATE THROUGH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201261 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
RAVICHANDRA S/O SIDDARAM SHIROL,
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O ZALAKI (K) VILLAGE, TQ. ALAND,
DIST. KALABURAGI-585 302.
…PETITIONER
(BY SRI. MALIKPASHA & USTAD ZAKIR HUSSAIN, ADVOCATE)
AND:
THE STATE THROUGH
MADAN HIPPARGA POLICE STATION,
TQ. ALAND, DIST. KALABURAGI,
(REPRESENTING BY LEARNED ADDL.SPP,
HIGH Court, KALABURAGI-585 107).
Digitally signed by
RENUKA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENT
(BY SRI. SIDDALING P. PATIL, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS 2023, PRAYING TO, ALLOW THE PETITION AND
RELEASE THE ACCUSED/ PETITIONER ON BAIL IN
SC NO.226/2025 ARISING OUT OF CRIME NO.33/2025 OF
MADAN-HIPPARGA POLICE STATION, TQ. ALAND, DIST.
KALABURAGI, PENDING ON THE FILE OF I ADDITIONAL
DISTRICT AND SESSIONS COURT, KALABURAGI, FOR THE
OFFENCES PUNISHABLE U/SEC.189(2), 191(2), 191(3), 332(B),
115(2), 118(1), 352, 351(2), 103 R/W SEC.190 OF BNS, 2023, IN
THE INTEREST OF JUSTICE AND EQUITY.
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HC-KAR
NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
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 learned counsel for the petitioner and
learned Additional State Public Prosecutor (for short
‘Addl. SPP’) for the respondent on the petitioner.
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 praying for an order to release
him on bail in the case in SC No.226/2025 pending on
the file of the learned I Additional District and Sessions
Judge, Kalaburagi for the offences punishable under
Sections 189(2), 191(2), 191(3), 332(b), 115(2), 118(1),
118(2), 352, 351(2), 103 read with Section 190 of
Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).
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HC-KAR
NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
3. The learned Addl. SPP has orally objected to
the petition submitting that there is prima facie case
against the petitioner for the alleged offence punishable
under Section 103 of BNS, which is heinous offence
punishable with death or imprisonment for life. The trial
is going on before the trial Court and it is yet to be
completed. There is absolutely no any special ground
made out by the petitioner for granting bail in his favour
at this stage. Therefore, the learned Addl. SPP has
sought for dismissal of the petition.
4. The case alleged against the petitioner along
with other accused persons is that on 18.04.2025 the
petitioner/ accused No.1 picked up quarrel with the
nephew of the complainant regarding parking of their
motorcycle. Thereafter, again on 20.04.2025 at about
07.30 a.m., when the complainant and the deceased
were standing in front of the house of his brother
Chichalappa Police Patil, the petitioner/ accused No.1
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HC-KAR
NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
along with the accused No.2 and 3 entered into the
house of the brother of the complainant and took his
son Shashikant near the house of one Kalyani
S/o Vithal Shirol/ accused No.8 and the petitioner No.1
assaulted with hand on his face. The accused No.2 to 4
kicked with legs on the stomach and back of the said
Shashikant. At that time, the complainant, the deceased
and neighbors came and pacified the quarrel.
Thereafter, on the same day at about 08.00 a.m., when
the complainant and others went to the house of the
accused No.8 and enquired about the incident, the
petitioner and other accused persons came there and
the accused No.2 abused in filthy language and
assaulted with club on the head of Yallaling. The
accused No.3 assaulted with head of Parameshwar and
the accused No.10 assaulted with club on the right
hand little finger of Prabhuling Patil, the accused No.11
assaulted with stone on stomach of the complainant
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NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
and the petitioner assaulted with club on the head of
the deceased and caused his death. Hence, the
petitioner and other accused persons have committed
the alleged offence.
5. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the
offences alleged against him and he has not committed
any such offences. Per contra , as submitted by the
learned Addl. SPP, the investigation is over and the
charge sheet is filed against the petitioner and other
accused persons for the alleged offences. The case is
registered against the petitioner and other accused
persons in SC No.226/2025 before the trial Court.
Hence, any of the contentions of the petitioner that he is
innocent of the offence alleged, does not merit
consideration.
6. The submission of the learned counsel for the
petitioner is that PW.1 and other witnesses examined in
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HC-KAR
NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
the case have turned hostile to the case of prosecution
and therefore, there is no case against the petitioner
and hence, the petitioner may be released on bail.
7. On the other hand, as submitted by the
learned Addl. SPP, PW.1 is father of deceased and he
partly supported the case of prosecution in his
chief-examination. Moreover, mere fact that some of the
witnesses have not supported the case of prosecution
during trial, the same cannot be ground to come to the
conclusion that the petitioner is innocent of the offences
alleged against him at this stage.
8. Further, as pointed out by the learned Addl.
SPP, most of the witnesses are already examined and
the trial will be concluded at the near future. Hence,
considering the allegations made against the petitioner,
the question of granting bail in favour of the petitioner
does not arise at this stage. The fact that the petitioner
has been in judicial custody from 21.04.2025 i.e., for
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NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
the period of one year and five months as on this day
cannot be ground to grant bail in his favour considering
the gravity of the offences and punishment for the
alleged offences.
9. The prima facie material on record would
show that there is specific overt act of the petitioner in
the alleged incident that he caused death of the
deceased by assaulting him with stick. The fact that the
other accused persons are on bail cannot be ground to
grant bail to the petitioner at this stage on the ground of
parity.
10. No any special ground is made out by the
petitioner to release him on bail. There is absolutely no
ground made out by the petitioner to grant bail in his
favour. Consequently, the petition deserves to be
dismissed.
11. In the result, I proceed to pass the following:
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HC-KAR
NC: 2026:KHC-K:10726
CRL.P No. 201261 of 2026
CNR: KAHC030098892026
ORDER
(a) The Criminal Petition filed by the
petitioner/ accused No.1 is hereby
dismissed.
(b) However, in the circumstances, the trial
Court is directed to expedite the trial of
the case and dispose of the matter at the
earliest.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 39
CT: SB