HANAMANT vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH


TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

CRIMINAL PETITION NO.201076 OF 2026

(439(Cr.PC)/483(BNSS))

BETWEEN:

1. HANAMANT S/O RATNU NAYAK
LAMANI, AGE:66 YEARS,
OCC:AGRICULTURE, R/O. GUTTARAGI,
L.T., TQ. SINDAGI, DIST. VIJAYAPURA-586 101.

2. NAYAN S/O UMESH NAYAK,
AGE:19 YEARS, OCC:STUDENT,
R/O. GUTTARAGI, L.T., TQ. SINDAGI,
DIST. VIJAYAPURA-586 101.







3. UMESH S/O NARAYAN NAYAK,
AGE:56 YEARS, OCC:AGRICULTURE,
R/O. GUTTARAGI, L.T., TQ. SINDAGI,
DIST. VIJAYAPURA-586 101.



Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA

…PETITIONERS

(BY SRI. SHIVANAND V. PATTANSHETTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH,
SINDAGI POLICE STATION, DIST.
VIJAYAPURA-586 101. R/BY ADDL.
SPP KALABURAGI, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.

…RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS-2023, PRAYING TO, GRANT THE REGULAR BAIL TO
THE PETITIONERS/ ACCUSED NO.1, 2 AND 7 IN C.C.
NO.1768/2026 (SINDAGI PS CRIME NO.36/2026 DISTRICT
VIJAYAPURA) PENDING ON THE FILE OF PRL. CIVIL JUDGE
(SR. DN) AND CJM COURT, SINDAGI, DISTRICT VIJAYAPURA
FOR THE OFFENCES PUNISHABLE UNDER SECS.109, 115(2),
351(3), 352, 332(C), 118(2), 103(1), 3(5) OF BNS-2023, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR 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 HCGP for the respondent/ State on the
petition. Perused the relevant materials on record.

2. This petition is filed by the petitioners/
accused No.1, 2 and 7 under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’),
praying to grant bail in their favour in the case in CC
No.1768/2026 pending before the learned Principal
Senior Civil Judge and CJM, Sindagi (for short ‘the
learned Magistrate’) arising out of Crime No.36/2026 of

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the respondent Police for the offences punishable under
Sections 109, 115(2), 351(3), 352, 332(c), 118(2), 103(1)
and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’)
against the petitioners/ accused No.1, 2 and 7.

3. The learned HCGP has orally objected to the
petition submitting that the offence alleged against the
petitioners is punishable under Section 103(1) of BNS
along with other offences. The said offence is heinous
offence punishable with death or imprisonment for life.
The investigation is already completed and the charge
sheet is filed against the petitioners and other accused
persons in the case. There is prima facie case against
the petitioners for the alleged offences. There is no
special ground made out by the petitioners for grant of
bail in their favour. Therefore, the learned HCGP has
sought for dismissal of the petition.

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4. The prosecution was set into motion on the
complaint of respondent No.2 given on 14.02.2026.
There was dispute between the complainant and the
petitioners and other accused persons in respect of
landed property. On 13.02.2026 at about 01.30 p.m.
when the complainant and her family members were in
their house, the petitioners and other accused persons
with common intention to commit their murder
trespassed into their house, dragged the in-laws of
complainant from the house, abused them and also
assaulted them with sticks and stones and kicked them
and threatened them with dire consequences. Due to
the assault, the injured who sustained injuries had
been shifted to hospital and he died on 05.03.2026.
Thereafter the complaint was lodged against the
petitioners and other accused persons. Hence, the
petitioners have committed the alleged offences.

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5. The contention of the petitioners is that they
are innocent of the offences alleged against them and
they have not committed any such offences. Per contra ,
as submitted by learned HCGP, the investigation is
already completed and the charge sheet is filed against
the petitioner for the alleged offences and hence, at this
stage, the contention of the petitioners that they have
not committed any such offences does not merit
consideration.

6. Learned counsel for the petitioners in support
of their contention has drawn the attention of this Court
to the complaint averments, wherein the name of eight
persons are shown as accused persons and specific
overt act is mentioned in the complaint. However,
during the investigation, the further statements of the
complainant and the eye witnesses were recorded,
wherein the complainant stated that the accused No.3
to 6 were not present and they were not involved in the

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alleged incident. On the basis of further statements of
the complainant and other eye witnesses, the accused
No.3 to 6 are given up while filing charge sheet. But
mere fact that the accused No.3 to 6 are given up,
cannot be a ground to come to the stage that there is no
case against the petitioners and other accused persons.

7. As submitted by learned counsel for the
petitioners, the relevant portion in Col. No.17 of the
charge sheet reads thus:
“ ¤ÃªÀÄUÀÉ R¯Á¸À ªÀiÁqÉà §ÃqÀwë CAvÁ C£ÀÄßvÁÛ
DgÉÆæ ºÀtªÀÄAvÀ £ÁgÁAiÀÄt £ÁAiÀÄPÀ FvÀ£ÀÄ PÀnÖUÀÉ
§rUɬÄAzÀ zÉøÀÄ £ÁAiÀÄPÀ FvÀ£À «qÀUÀtÂÚUÉÀ, £À«Ã£À GªÉÄñÀ
£ÁAiÀÄPÀ FvÀ£ÀÄ PÀ°è¤AzÀ JqÀUÀqÉ ªÀÄÄArUÀÉ ªÀÄvÀÄÛ vɯÉUÀÉ
ºÉÆqÉzÀÄ ¨sÁj WÁAiÀÄ-¥ÉlÄÖ ¥Àr¹zÀÝ®èzÉ ZÁAzÀĨÁ¬Ä EªÀ¼ÀÄ
©r¸À®Ä ºÉÆÃzÁUÀ DgÉÆæ PÀªÀÄ®¨Á¬Ä UÀAqÀ ºÀtªÀÄAvÀ
£ÁAiÀÄPÀ EªÀ¼ÀÄ ¤Ã ©qÀ¸À®Ä §gÀwà gÀAr CAvÁ, ¤AzÀÄ ¨Á¼À
DUÁåzÀ, EªÀjUÀÉ ©ÃqÀ¨Áåræà CAvÁ CªÁZÀå ¨ÉÊzÁrzÀÄÝ, DgÉÆæ
GªÉÄñÀ £ÁgÁAiÀÄt £ÁAiÀÄPÀ FvÀ£ÀÄ ZÁAzÀĨÁ¬Ä EªÀ¼À
JqÀUÀqÉ vÉÆqÉUÀÉ PÀ°è¤AzÀ ºÉÆqÉzÀÄ ¨Áj WÁAiÀÄ-¥ÉÀlÄÖ ¥Àr¹,
DgÉÆævÀgÀÉ®ègÀÆ PÉʬÄAzÀ ºÉÆqÉzÀÄ PÁ°¤AzÀ MzÀÄÝ PÉƯÉ
ªÀiÁqÀ®Ä ¥ÀæAiÀÄwß¹zÀÄ,Ý UÁAiÀiÁ¼ÀÄUÀ½UÀÉ G¥ÀZÁgÀPÁÌV ¢£ÁAPÀ:
13/02/2026 gÀAzÀÄ «dAiÀÄ¥ÀÅgÀ ¸ÀgÀPÁj D¸ÀàvÉæUÉ zÁR°¹
¢£ÁAPÀ: 17/02/2026 gÀªÀgÉUÉ G¥ÀZÁgÀ ªÀiÁr¹zÀÄÝ, UÁAiÀiÁ¼ÀÄ
ZÁAzÀĨÁ¬Ä EªÀ¼ÀÄ ±À¸ÀÛç aQvÉì ªÀiÁrPÉƼÀî®Ä ¤gÁPÀj¹zÀÝjAzÀ
CªÀ½UÉ ¢£ÁAPÀ: 17/02/2026 gÀAzÀÄ r¸ÀZÁdð ªÀiÁrPÉÆAqÀÄ

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ªÀÄgÀ½ ¸ÀA¨sÀA¢üPÀgÀ HgÁzÀ AiÀÄqÁæ«Ä vÁ®ÄQ£À C¯Áè¥ÀÆgÀ
vÁAqÁPÉÌ PÀgÉzÀÄPÉÆAqÀÄ ºÉÆÃV UËn OµÀzÉÆÃ¥ÀZÁgÀ
ªÀiÁr¹zÀÄÝ, ¢£ÁAPÀ: 05/03/2026 gÀAzÀÄ UÁAiÀiÁ¼ÀÄ
ZÁAzÀĨÁ¬Ä EªÀ½UÀÉ PÁ®Ä ªÀÄvÀÄÛ ºÉÆmÉÖ £ÉÆêÀÅ
¥ÁægÀA¨sÀªÁVzÀÝjAzÀ G¥ÀZÁgÀPÁÌV PÀ®§ÄgÀV fªÀiïì D¸ÀàvÀæÉUÀÉ
PÀgÀÉzÀÄPÉÆAqÀÄ ºÉÆÃV ªÉÊzÀåjUÀÉ vÉÆÃj¹ G¥ÀZÁgÀPÀÌÉ zÁR°¸ÀzÉ
CzÉà ¢£À ªÀÄgÀ½ lA-lA zÀ°è, HjUÀÉ PÀgÀÉzÀÄPÉÆAqÀÄ
§gÀÄwÛzÁÝUÀ zÁjAiÀÄ°è eÉêÀgÀV ¸À«ÄÃ¥ÀzÀ°è ¸ÁAiÀÄAPÁ® 5:30
UÀAmÉAiÀÄ ¸ÀĪÀiÁjUÀÉ ªÀÄgÀt ºÉÆA¢gÀÄvÁÛ¼ÀÉ.”

The above referred contents of the charge sheet would
show that the deceased Chandu Bai suffered injuries on
her lower limb due to assault made by petitioner No.3/
accused No.7 with stone.

8. Moreover, the wound certificate of the
deceased issued at the initial stage by the concerned
hospital would show that the deceased suffered the
following injuries:

a) Blunt trauma over left grain.
b) Blunt trauma over back of left hand.
c) Unable to lift left lower limb

X-ray No:328/26 done at District Hospital, Bijapur

i) Fracture of left neck femur
ii) Fracture of left distal end of radius.

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iii) Tenderness over left hipjoint and left
waist joint.


9. On the other hand, as pointed out by learned
counsel for the petitioners, as per the post mortem
report of the deceased, the opinion given regarding
cause of death of deceased is “ Death due to septicemic
shock secondary to blunt injury to vital organs (fracture of
left femur bone and left radius bone)” . At this stage, it is
relevant to mention that the external injuries suffered
by the injured/ deceased as mentioned in the post
mortem report are contusion seen over lateral aspect of
rd
left side of upper 1/3 of thigh region, measuring 6 X 4
cm and after dissection, it is seen that there is fracture
of left neck of femur bone.

10. It is also mentioned that there is contusion
seen over left wrist joint region measuring 4 X 3 cm and
on further dissection, there is fracture seen over left side
rd
of lower 1/3 of radius bone. Hence, if the injuries

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suffered by the deceased and the cause for her death
would show that at this stage, there is no reason to
come to the conclusion that there is direct nexus
between such injuries suffered and the cause for death
of the deceased.

11. Moreover, the above referred portion in the
charge sheet would clearly show that the deceased had
not taken proper treatment in the hospital and she took
native medicine due to which the injuries were resulted
in septic. Since the charge sheet is already filed, the
question as to whether there is case made out or not
against the petitioners for the offence punishable under
Section 103(1) of BNSS, is the matter to be considered
on the merits of the case. Therefore, at this stage, this
Court cannot come to the conclusion that there is no
case against the petitioners for the alleged offences.

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12. Moreover, there is specific overt act of the
petitioner No.3/ accused No.7 in the incident that he
assaulted the deceased with stone and caused fracture
injuries to her lower limb. However, as submitted by
learned counsel for the petitioners, the investigation is
completed and charge sheet is already filed against the
petitioners and other accused. Therefore, the custodial
interrogation of the petitioners is not at all required by
the respondent police in the case.

13. Further, if the prosecution papers and the
contents of the charge sheet are considered, mere fact
that the case is registered for the offence punishable
under Section 103 of IPC cannot be a ground to deny
bail at this stage. The complaint averments would show
that there is property dispute regarding the share in
concerned property between the father-in-law of the
complainant and his children. This would show that
the complainant, injured, deceased and the accused

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persons are relatives. Hence, there is absolutely no
reason to deny bail to the petitioners.

14. The relevant materials on record and the
charge sheet would show that the petitioner No.1 was
arrested on 25.03.2026, the petitioner No.2 was
arrested on 17.02.2026 and the petitioner No.3 was
arrested on 17.03.2026. Hence, the petitioners are in
judicial custody for the period of more than six to seven
months as on this day. It is well settled that bail is rule
and jail is an exception. The accused should not be
allowed to remain in judicial custody at pre-trial stage
as punishment for the alleged offence. There is no any
special ground made out by the respondent Police to
deny the bail to the petitioners.

15. Any of the apprehensions of the learned
HCGP can be suitably met with by imposing proper and
necessary conditions on the petitioners while granting

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him bail making him to assist the trial Court in trial of
the case. Mere fact that the offence alleged against the
petitioners is heinous offence cannot be a ground to
deny bail to the petitioners considering the materials
available on record. At this stage there is absolutely no
reason to deny bail to the petitioners. Hence, the
petitioners have made out sufficient grounds for
granting bail in their favour and consequently, the
petition deserves to be allowed.

16. In the result, I proceed to pass the following:
ORDER
allowed
i) The petition is hereby .
ii) Consequently, the petitioners/
accused 1, 2 and 7 shall be enlarged on
bail in the case in CC No.1768/2026
pending before the learned Principal
Senior Civil Judge and CJM, Sindagi
arising out of Crime No.36/2026 of the
respondent police for the offences

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punishable under Sections 109, 115(2),
351(3), 352, 332(c), 118(2), 103(1) and
3(5) of BNS, on their executing personal
bond for Rs.2,00,000/- each with two
sureties for the like sum to the
satisfaction of the learned Magistrate or
the trial Court, as the case may be,
subject to the following conditions that:

a) The petitioners/ accused No.1, 2
and 7 shall appear before the
learned Magistrate and also before
the trial Court/ Sessions Court as
and when directed and he shall
assist the trial Court/ Sessions
Court in trial of the case.

b) They shall appear before the
Investigating Officer as and when
required and they shall assist the
Investigating Officer in further
investigation of the case, if any.

c) They shall not tamper with
prosecution witnesses and shall
not hamper further investigation of

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the case, if any, in any manner,
and

d) They shall not commit any similar
offences or any offence during the
pendency of case.

If the petitioners violate any of the conditions
of bail, the defacto complainant or the respondent
Police is at liberty to move the trial Court for
cancellation of bail.


Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE

MBB
List No.: 1 Sl No.: 4