SRI. AYYANAGOUDA S/O MALLIKARJUNGOUDA MALIPATIL vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18638
CRL.P No. 103022 of 2026
CNR: KAHC020200542026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 103022 OF 2026
(439(CR.PC)/483(BNSS)
BETWEEN:
1. SRI. AYYANAGOUDA
S/O. MALLIKARJUNGOUDA MALIPATIL,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. KESARHATTI VILLAGE,
TQ:. GANGAVATHI, DIST: KOPPAL-583227.
2. SRI. GANGADHAR
S/O ANDAPPA MALEKOPPA
AGE: 38 YEARS, OCC: SECURITY GUARD,
R/O. BETAGERI VILLAGE,
TQ. AND DIST: KOPPAL-583238.
… PETITIONERS
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE AND
SRI. SHIVANAND DALAWAI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH PSI,
KANAKAGIRI POLICE STATION,
REPRESENTED BY
ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-587204.
… RESPONDENT
(BY SRI. PRAVEENA DEVAREDDIYAVARA, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: High Court
of Karnataka, Dharwad
Bench, Dharwad
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HC-KAR
NC: 2026:KHC-D:18638
CRL.P No. 103022 of 2026
CNR: KAHC020200542026
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
2023, R/W SECTION 439 OF CR.P.C., PRAYING TO ENLARGE
THEM ON REGULAR BAIL ON SUCH TERMS AND CONDITIONS
AS DEEMED FIT IN KANAKAGIRI PS CRIME NO 108/2026
REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 103(1),
238(B), 239 R/W 3(5) OF THE BNS, 2023 IN SO FAR AS
PRESENT PETITIONERS/ACCUSED NO 1 AND 2 ARE
CONCERNED.
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 the learned counsel Sri.Santosh B.Malagoudar for
the petitioners/accused Nos.1 and 2 and Sri.Praveena
Devareddiyavar, learned HCGP for respondent-State.
2. The petitioners/accused Nos.1 and 2 have filed this
petition under Section 483 of BNSS, 2023 (Section 439 of
Cr.P.C.) seeking regular bail in C.C.No.1586/2026 in connection
with crime No.108/2026 of Kanakagiri Police Station, registered
for the offences punishable under Sections 103(1), 238(b), 239
r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The brief facts of the prosecution case in the
nutshell are as under:
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HC-KAR
NC: 2026:KHC-D:18638
CRL.P No. 103022 of 2026
CNR: KAHC020200542026
On 05.07.2026 at about 01:30 a.m. the defacto
complainant lodged a complaint to the respondent police
alleging that the land was originally divided equally between
accused No.3, accused No.1, elder brother of accused No.1 by
name deceased Devaraj. However, the revenue records were
not updated. In the meanwhile, accused No.1 wanted the land
transferred to his name and thus repeatedly demanded the
deceased to affix his signature on the relevant papers.
However, deceased Devaraj refused his offer. Thus, accused
No.1 developed enmity with the deceased and he conspired
with his relative accused No.2 (brother-in-law) to eliminate the
deceased. Accordingly, on 28.06.2026 at 10:00 p.m. accused
Nos.1 and 2 called the deceased to the terrace of their house
on the pretext of discussing the land issue. When the deceased
again refused to sign the document, they picked up a quarrel
with the deceased and thereafter accused No.1 assaulted the
deceased on his ears, hands and accused No.2 kicked the
deceased on his private part. Thus, the deceased collapsed and
died subsequently. Thereafter, accused Nos.1 and 2 tied and
feet of the deceased with a rope, wrapped the body in a quilt,
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HC-KAR
NC: 2026:KHC-D:18638
CRL.P No. 103022 of 2026
CNR: KAHC020200542026
transported it on a motorcycle and took the body to a hillock
situated in Sy.No.26 Chinchanagudda Tanda, within the limits
of Kanakagiri Police Station and destroyed the evidence. Hence,
the defacto complainant lodged the complaint.
4. Based on the complaint, the SHO registered a case
and took up investigation. During the course of investigation,
these petitioners/accused Nos.1 and 2 were arrested and in
turn, they were remanded to judicial custody. Hence, this
petition.
5. Learned counsel for the petitioners/accused Nos.1
and 2 contented that the petitioners are innocent and they
have been falsely implicated in this case. There are no overt
acts alleged against them and nothing has been recovered from
the petitioners. The only allegation against the petitioners is
that they had ill-will with the deceased and thus, they
eliminated the deceased. The petitioners are ready to abide by
the conditions to be imposed by this court. Hence, learned
counsel for the petitioners prayed to allow the petition.
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NC: 2026:KHC-D:18638
CRL.P No. 103022 of 2026
CNR: KAHC020200542026
6. The learned HCGP orally objected and contended
that the petitioners are involved in the offence punishable
under Section 103(1) of BNS, 2023 and there is prima facie
material against them. If they are released on bail, they may
tamper the prosecution witness and hamper the trial. Thus,
considering the nature and the gravity of offence, the
petitioners are not entitled for bail. Hence, Hence, learned
HCGP prayed to reject the petition.
7. On perusal of the material available on record, it
appears that the incident occurred on 28.06.2026 and the
complaint was lodged on 05.07.2026. Hence, there is a delay of
7 days in lodging the complaint. As per the statement of the
witnesses, it appears that accused Nos.1 and 2 assaulted the
deceased and thrown the dead body near hillock. The material
on record further reveals that these petitioners made a criminal
conspiracy and hatched a plan to commit the murder of the
deceased. As per the charge sheet material, more particularly,
these petitioners made extra judicial confession before C.W.9.
The prosecution case rests upon the circumstantial evidence
and the fact that the complaint has been lodged after 7 days of
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NC: 2026:KHC-D:18638
CRL.P No. 103022 of 2026
CNR: KAHC020200542026
the incident. Whether these petitioners are involved in the
alleged offence or not, it requires a detailed trial.
8. 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
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, the petitioners are
entitled for grant of bail by imposing certain conditions.
9. Accordingly, I proceed to pass the following:
ORDER
allowed
a. The Criminal petition is .
b. The petitioners/accused Nos.1 and 2 are directed to
be enlarged on bail in C.C.No.1586/2026 in
connection with crime No.108/2026 of Kanakagiri
Police Station, registered for the offences punishable
under Sections 103(1), 238(b), 239 r/w Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023, pending on the
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file of the learned jurisdictional court , subject to the
following conditions:
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 any offence 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:GSM
LIST NO.: 1 SL NO.: 14