SRI BASAVARAJ S/O RAMNING HONGAL vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17313
CRL.P No. 102530 of 2026
CNR: KAHC020175902026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102530 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
1. SRI BASAVARAJ
S/O. RAMNING HONGAL,
AGE: 54 YEARS,
OCC: AGRICULTURE,
RESIDENT OF ANIGOL,
TAL: BAILHONGAL,
DIST. BELAGAVI-591102.
2. SRI AKSHAY
S/O. BASAVARAJ HONGAL,
AGE: 27 YEARS,
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High Court
of Karnataka,
Dharwad Bench,
Dharwad
OCC: AGRICULTURE,
RESIDENT OF ANIGOL,
TAL: BAILHONGAL,
DIST. BELAGAVI-591102.
3. SRI MAILARI
S/O. BASAVARAJ HONGAL,
AGE: 22 YEARS,
OCC: AGRICULTURE,
RESIDENT OF ANIGOL,
TAL: BAILHONGAL,
DIST. BELAGAVI-591102.
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HC-KAR
NC: 2026:KHC-D:17313
CRL.P No. 102530 of 2026
CNR: KAHC020175902026
4. SRI PRADEEP
S/O. BASAVARAJ HONGAL,
AGE: 25 YEARS,
OCC: AGRICULTURE,
RESIDENT OF ANIGOL,
TAL: BAILHONGAL,
DIST. BELAGAVI-591102.
… PETITIONERS
(BY SMT. NAGARATNA S. PATTAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH BAILHONGAL POLICE STATION,
BELAGAVI,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH, DHARWAD-580011.
… RESPONDENT
(BY SRI DAYANAND SANGRESHI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.
(U/S.483 OF BNSS, 2023), PRAYING TO ALLOWING THE PETITION,
THE PETITIONERS/ACCUSED NO.1 TO 4 MAY PLEASE BE RELEASED
ON BAIL IN BAILHONGAL P.S. CRIME NO.185/2026 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3),
329(4), 126(2), 115(2), 109(1), 352, 351(2), 118(2) R/W. 190 BNS,
IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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HC-KAR
NC: 2026:KHC-D:17313
CRL.P No. 102530 of 2026
CNR: KAHC020175902026
ORAL ORDER
Heard Smt.Nagaratna Shamsundar Pattar, learned counsel
for the petitioners – petitioners No.1 to 4 and Sri Dayanand
Sangreshi, learned HCGP for the respondent – State.
2. The petitioners – accused Nos.1 to 4 have filed this
petition under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 (Section 439 of Cr.P.C.) seeking to grant regular
bail in connection with Crime No.185/2026 of Bailhongal Police
Station, registered for the offences punishable under Sections
189(2), 191(2), 191(3), 329(4), 126(2), 115(2), 109(1), 352,
351(2), 118(2) R/W. 190 of the Bharatiya Nyaya Sanhita,
2023, pending on the file of the learned Addl. Civil Judge and
JMFC Court, Bailhongal, Belagavi District.
3. The brief facts of the prosecution case are as under:
On 12.05.2026 at 08:00 a.m. the defacto complainant was
drawing water from the public tap near Ramaning Basavaneppa
Sheegihalli’s house, and an altercation took place between the
defacto complainant and accused persons. On the same day at
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HC-KAR
NC: 2026:KHC-D:17313
CRL.P No. 102530 of 2026
CNR: KAHC020175902026
about 11:00 p.m. while the defacto complainant and her
husband and children were sleeping, accused No. 1 to 5, who
were her neighbours, formed an unlawful assembly, knocked
the door, took a quarrel with the husband of defacto
complainant, accused No. 1 and 4 caught hold her husband,
accused No. 3, with an intention to attempt to commit murder,
assaulted her husband on his abdomen, left ear, left shoulder
and posterior body using an axe. Hence, the defacto
complainant, her son and daughter-in-law intervened to rescue
her husband, accused No.2 assaulted the defacto complainant
with chopper and he also assaulted her granddaughter on her
left ear and other accused persons assaulted with their hands
and legs, intentionally insulted and made intimidation, thereby
attempted to commit murder. Hence, she lodged the complaint
to the respondent - police. During the course of investigation,
these petitioners are arrested and in turn, they were remanded
to judicial custody. Hence, this petition.
4. Learned counsel for the petitioners contended that
the defacto complainant and accused persons are neighbours.
The incident occurred on account of trivial issue, i.e., drawing
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NC: 2026:KHC-D:17313
CRL.P No. 102530 of 2026
CNR: KAHC020175902026
of water. These petitioners have been falsely implicated in the
case. They are innocent and they have not committed any
offence. Furthermore, the alleged offences are not punishable
with death or imprisonment for life. It is further contended that
the injured persons are already discharged from the hospital.
Now the investigation is completed and the Investigating
Officer has filed charge sheet. Hence, the learned counsel
prayed to allow the petition.
Per contra
5. , learned HCGP contended that the
petitioners are involved in a heinous offence punishable under
Section 307, 109(1) of BNSS, 2023. These petitioners allegedly
assaulted the defacto complainant, her husband and their
granddaughter with chopper and caused severe injuries. Hence,
there is prima facie material against the petitioners and learned
HCGP prayed for dismissal of the petition.
6. Perused the material available on record. It is
evident that both the defacto complainant and the accused
persons are neighbours. The alleged incident occurred in
respect of drawing of water in the village. The defacto
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NC: 2026:KHC-D:17313
CRL.P No. 102530 of 2026
CNR: KAHC020175902026
complainant and her husband sustained injuries. The husband
of defacto complainant by name sustained in all 5 injuries.
Injury No. 2 is grievous in nature, whereas injury Nos.1, 3 and
4 were simple in nature. And other injured by name Basavaraj
Arud also sustained grievous injury. And the injured by name
Sunandavva sustained simple injuries. The medical report
reveals that the complainant and other injured persons are
admitted to the hospital on 13.05.2026 and discharged on
26.02.2026. According to the medical certificates, the
complainant and other injured persons were sustained simple
and grievous injuries.
7. However, the complainant and other injured
persons are stated to be out of danger and have been
discharged from the hospital. It is contended by the learned
counsel for the petitioners that since the complainant and her
husband is no longer in danger Section 307 of IPC is not made
out. The injuries sustained by the complainant, her husband
and other injured, though appears to be grievous, do not
warrant a charge of attempt murder.
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CRL.P No. 102530 of 2026
CNR: KAHC020175902026
8. Considering the nature and gravity of the offence
and the fact that both the parties are neighbours and the fact
that the victims were discharged from the hospital and they are
out of danger, this Court is of the considered view that the
petitioners are entitled for bail.
9. Accordingly, I proceed to pass the following:
ORDER
allowed
The criminal petition is . The petitioners are
ordered to be enlarged on bail in Crime No.185/2026 of
Bailhongal Police Station, registered for the offences
punishable under Sections 189(2), 191(2), 191(3), 329(4),
126(2), 115(2), 109(1), 352, 351(2), 118(2) R/W. 190 of
the Bharatiya Nyaya Sanhita, 2023, subject to following
conditions;
i) The petitioners shall not tamper or threaten
the complainant/prosecution witnesses in any
manner.
ii) The petitioners shall appear before the Trial
Court regularly without fail.
iii) The petitioners shall not involve themselves in
similar or any other offences.
iv) * 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.
*Corrected vide chamber order dated 27.10.2026.
Sd/-
(VNTJ)
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NC: 2026:KHC-D:17313
CRL.P No. 102530 of 2026
CNR: KAHC020175902026
Violation of any of the above conditions would entitle 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
CLK /CT-AN
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