KRISHNAPPA S/O LATE HANUMANTHAPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16715
CRL.P No. 101337 of 2026
CNR: KAHC020102762026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.101337 OF 2026
[439(Cr.P.C)/483(BNSS)]
BETWEEN:
KRISHNAPPA
S/O LATE HANUMANTHAPPA,
AGED ABOUT 51 YEARS,
OCCUPATION: GOVERNMENT COLLEGE PRINCIPAL,
RESIDING OF: 30TH WARD HIRIJINTHAKALLU,
NEAR SWAGATH MILL, GANGAVATHI,
KOPPAL DISTRICT - 583 227.
…PETITIONER
(BY SRI ANWAR BASHA B., ADVOCATE)
AND:
THE STATE OF KARNATAKA
(THROUGH HOSAPETE TOWN POLICE STATION)
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
AT DHARWAD - 580 001.
…RESPONDENT
(BY SRI JAIRAM SIDDI, H.C.G.P.)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
*
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO
ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED
NO.5 ON REGULAR BAIL IN SESSIONS CASE NO.25 OF 2026 IN
CONNECTION WITH CRIME NO.140 OF 2025 REGISTERED BY TOWN
POLICE STATION HOSPET, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 61(2), 137, 103(1) AND 238 READ WITH SECTION 3 (5)
OF THE BHARATIYA NYAYA SANHITA, 2023.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-D:16715
CRL.P No. 101337 of 2026
CNR: KAHC020102762026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri Anwar Basha B., learned counsel for the
petitioner/accused No.5, and Sri Jairam Siddi, learned
High Court Government Pleader for the respondent-State.
2. The petitioner/accused No.5 has filed this petition
under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, seeking regular bail in Sessions Case No.25
of 2026 pending on the file of the Principal District and
Sessions Judge, Vijayanagara, Hosapete, in connection
with Crime No.140 of 2025 of Hospet Town Police Station,
registered for the offences punishable under Sections
61(2), 137, 103(1) and 238 read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The brief facts of the prosecution case, in a
nutshell, are that the de facto complainant lodged a
complaint alleging that on 27.09.2025, her husband,
Sri Gangadhara, left the house and did not return. She
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HC-KAR
NC: 2026:KHC-D:16715
CRL.P No. 101337 of 2026
CNR: KAHC020102762026
searched for her husband, but he could not be traced and
later, she received information that her husband had died
in a road traffic accident. Since her husband had suffered
a stroke and was unable to ride the motorcycle, she, on
suspicion, lodged a complaint against an unknown person.
During the course of investigation, the petitioner and other
accused were arrested on 30.9.2025 by the respondent-
Police and interrogated. During interrogation, it was
revealed that the petitioner and other accused had
committed the murder of Gangadhara by throttling his
neck. Therefore, the petitioner/accused remanded to the
judicial custody.
4. Learned counsel for the petitioner has vehemently
contended that the petitioner has been falsely implicated
in the case and that he has not committed any offence.
There is no material against him and no incriminating has
been recovered at his instance. The only allegation against
the petitioner is that, he made criminal conspiracy with
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HC-KAR
NC: 2026:KHC-D:16715
CRL.P No. 101337 of 2026
CNR: KAHC020102762026
accused Nos.1 to 4 to eliminate the deceased. Now, the
investigation has been completed and the Investigating
Officer has filed the charge-sheet. The petitioner is in
custody since 30.9.2025 and he is ready to abide by the
conditions to be imposed by this Court. This Court, by
order dated 06.10.2026 passed in Criminal Petition
No.100287 of 2026, has granted bail to accused No.3.
Therefore, on the ground of parity, the petitioner is also
entitled to be enlarged on bail. Hence, he prays to allow
the petition.
5. Per contra , the learned High Court Government
Pleader for the respondent-State has contended that the
petitioner is involved in the offence punishable under
Section 103 of the Bharatiya Nyaya Sanhita, 2023. There
is a prima-facie material against him. If the petitioner is
released on bail, he may tamper with the prosecution
witnesses and hamper the trial. Hence, learned HCGP
prays for rejection of the petition.
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NC: 2026:KHC-D:16715
CRL.P No. 101337 of 2026
CNR: KAHC020102762026
6. A perusal of the entire charge-sheet material
would disclose that this petitioner along with accused
Nos.1 to 4 hatched a conspiracy to eliminate Gangadhara.
The Post-Mortem examination report reveals that the
death was due to haemorrhagic shock as a result of the
injuries sustained. However, it appears that the specific
allegation of throttling the neck of the deceased is against
accused No.1. Hence, considering the nature of allegations
made against the petitioner, the circumstances in which
the offence was committed, the position and status of the
petitioner and the fact that the investigation is completed
and the Investigating Officer has filed the charge-sheet,
this Court is of the view that it is a fit case to grant bail in
favour of the petitioner/accused No.5. Hence, the following
O R D E R
allowed
Criminal petition is .
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HC-KAR
NC: 2026:KHC-D:16715
CRL.P No. 101337 of 2026
CNR: KAHC020102762026
The trial Court is directed to release the
petitioner/accused No.5 on bail in Sessions Case No.25 of
2026 pending on the file of the Principal District and
Sessions Judge, Vijayanagara, Hosapete, in connection
with Crime No.140 of 2025 of Hospet Town Police Station,
registered for the offences punishable under Sections
61(2), 137, 103(1) and 238 read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023, subject to the following
conditions:
i) Petitioner shall execute a personal bond
in a sum of Rs.2,00,000/- (Rupees two
lakh only) with two sureties for the
likesum to the satisfaction of the trial
Court;
ii) Petitioner shall not threaten or tamper
with the prosecution witnesses directly or
indirectly;
iii) Petitioner shall co-operate with the
Investigating Officer, until completion of
the investigation;
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NC: 2026:KHC-D:16715
CRL.P No. 101337 of 2026
CNR: KAHC020102762026
iv) Petitioner shall not involve in similar
offences in future, and
v) Petitioner shall mark his attendance
before the respondent-Police, viz.,
Investigating Officer/Station House Officer
once in every fortnight i.e., on first and
fifteenth of every month between
10.00 a.m. and 5.00 p.m. for a period of
six months or till filing of final report,
whichever is earlier.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK
List No.: 1 Sl No.: 16