JATTEPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11800
CRL.P No. 201453 of 2026
CNR: KAHC030113232026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201453 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
JATTEPPA S/O SHARANAPPA INGALAGI,
AGE:31 YEARS, OCC:AGRICULTURE,
R/O. KUDARI SALAWADAGI, TQ BASAVANA
BAGEWADI, DIST. VIJAYAPURA-586 101.
…PETITIONER
(BY SRI. SANJAY A. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH,
BASAVANA BAGEWADI POLICE STATION,
BASAVANA BAGEWADI CIRCLE,
DIST. VIJAYAPURA-586 101. REPRESENTED
BY ADDL. SPP, HIGH COURT OF KARNATAKA
KALABURAGI BENCH.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENT
(BY SRI. MAQBOOL AHMED, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS-2023, PRAYING TO, ALLOW THE PETITION, THEREBY
ENLARGE THE PETITIONER/ ACCUSED NO.11 ON BAIL IN
C.C.NO.1686/2026 PENDING ON THE FILE OF CIVIL JUDGE
JMFC BASAVANA BAGEWADI, DISTRICT VIJAYAPURA, CHARGE
SHEETED FOR THE OFFENCES PUNISHABLE U/SEC.103(1),
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49, 61(2), R/W 3(5) OF BNS-2023 ARISING OUT OF CRIME
NO.211/2026 REGISTERED BY BASAVANA BAGEWADI POLICE
STATION, DISTRICT VIJAYAPURA, IN THE INTEREST OF
JUSTICE.
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 petitioner/
accused No.11 under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying to
grant bail in his favour in the case in CC No.1686/2026
pending before the learned Civil Judge and JMFC,
Basavana Bagewadi (for short ‘the learned Magistrate’)
arising out of Crime No.211/2026 of the respondent
Police for the offences punishable under Sections
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103(1), 49, 61(2) read with 3(5) of Bharatiya Nyaya
Sanhita (for short ‘BNS’).
3. The learned HCGP has orally objected to the
petition submitting that the offence alleged against the
petitioner 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 petitioner and other accused
persons in the case. There is prima facie case against
the petitioner for the alleged offences. There is no
special ground made out by the petitioner for grant of
bail in his favour. Therefore, the learned HCGP has
sought for dismissal of the petition.
4. The case alleged against the petitioner is that
there was financial transaction with the accused No.1
for the last one year and the accused No.1 did not
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return the amount to the husband of the deceased.
Hence, there was quarrel taken between the accused
No.1 and the deceased. There was allegation made even
against the son of the complainant that he was speaking
with the girl who is relative of accused No.1. Due to
this, there was dispute between the accused No.1 and
the complainant’s family. The accused No.1 and his
family demanded amount of Rs.10,00,000/- from the
family of complainant to end the dispute.
5. It is further alleged that when the matter
stood thus, on 19.06.2026 at about 07.50 p.m., the son
of complainant informed the complainant that the
accused No.1 and 2 had assaulted his father by using
an axe and caused injuries to his head. Thereafter, the
complainant and her children and relatives took the
deceased to the Government Hospital and the Doctor
declared him dead. Hence, the case was registered
against the accused No.1 to 14 including the petitioner,
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who is shown as the accused No.11. After completion of
investigation, the charge sheet is filed in the case
against the accused No.1 and 2 and also against this
petitioner. The names of accused No.3 to 10 and 12 to
14 are dropped in the case. Hence, the petitioner has
committed the alleged offences.
6. The submission of the petitioner is that he is
innocent of the offences alleged against him and he has
not committed any such offence. However, as
submitted by learned HCGP, the investigation is already
completed and the charge sheet is filed against the
petitioner for the alleged offences. Hence, at this stage,
the contention of the petitioner that he has not
committed any such offence does not merit
consideration.
7. However, as submitted by learned counsel for
the petitioner, even though the FIR is registered against
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14 accused persons including accused No.1 and 2 and
the petitioner, after completion of investigation, the
charge is filed only against the accused No.1 and 2 and
the petitioner herein. The accused No.3 to 10, 12 to 14
against whom similar allegations are made in par with
the allegations against the petitioner are dropped while
filing the charge sheet. The case against the petitioner
is continuation on the basis of his voluntary statement
given before the respondent police.
8. On the other hand, as submitted by the
learned HCGP, the concerned eye witnesses have given
statements against the petitioner regarding the alleged
incident. But, even if the charge sheet materials
forthcoming from the prosecution paper on record are
considered, it do not show that the petitioner was
present at the time of alleged incident. The allegation
made against the petitioner is only conspiracy regarding
the alleged incident about three to four days earlier to
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the date of alleged incident. At this stage, on the basis of
voluntary statement of petitioner, no case cannot be
made out against him to show whether he was involved
in the alleged conspiracy of the incident, as such
material has considered on the merits of the case on
trial.
9. However, for the sake of argument, even if it
is accepted that there is prima facie case against the
petitioner for the alleged offences, there is absolutely no
reason to deny bail to the petitioner. 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.
10. As submitted by learned counsel for the
petitioner, the investigation is completed and the charge
sheet is already filed against the petitioner and other
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accused persons. Therefore, the custodial interrogation
of the petitioner is not at all required by the respondent
police in the case.
11. It is well settled that the bail is rule and jail is
an exception. The accused cannot be allowed to remain
in judicial custody during pre-trial stage as punishment
for the alleged offences. After arresting the petitioner,
the respondent police sought for his remand to judicial
custody. This would clearly show that the custodial
interrogation of the petitioner is not at all necessary for
further investigation of the case, if any.
12. As submitted by the learned counsel for the
petitioner and also as forthcoming on record, the
petitioner is permanent resident of Kudari Salawadagi,
Basavana Bagewadi Taluk, Vijayapura District, within
the jurisdiction of the Court of the learned Magistrate
and also of the trial Court/ Sessions Court. There is no
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material forthcoming from the respondent Police to
show any antecedents of the petitioner that he
committed similar offences or any offence earlier.
13. The prosecution materials on record and the
charge sheet would show that the petitioner was
arrested on 04.09.2026. Hence, the petitioner has been
in judicial custody for the period of about two months
as on this day. There is absolutely no reason to detain
the petitioner in judicial custody as the investigation is
already over and the charge sheet is filed in the case.
The petitioner is not required for any custodial
interrogation by the respondent Police.
14. Any of the apprehensions of the learned
HCGP can be suitably met with by imposing proper and
necessary conditions on the petitioner while granting
him bail making him to assist the trial Court in trial of
the case. Mere fact that the offence alleged against the
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petitioner is heinous offence cannot be a ground to deny
bail to him considering the materials on record. At this
stage there is absolutely no reason to deny bail to the
petitioner. Hence, the petitioner has made out sufficient
grounds for granting bail in his favour and
consequently, the petition deserves to be allowed.
15. In the result, I proceed to pass the following:
ORDER
allowed
i) The petition is hereby .
ii) Consequently, the petitioner/
accused No.11 shall be enlarged on bail
in the case in CC No.1686/2026 pending
before the learned Civil Judge and JMFC,
Basavana Bagewadi, arising out of Crime
No.211/2026 of the respondent Police for
the offences punishable under Sections
103(1), 49, 61(2) read with Section 3 (5) of
BNS, on his executing personal bond for
Rs.2,00,000/- with two sureties for the
like sum to the satisfaction of the learned
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Magistrate or the trial Court/ Sessions
Court as the case may be, subject to the
following conditions that:
a) The petitioner shall appear
before the learned Magistrate
and also before the trial Court/
Sessions Court as and when
directed.
b) He shall appear before the
Investigating Officer as and
when directed and he shall
assist the Investigating Officer
in further investigation of the
case, if any
c) He shall not tamper with
prosecution witnesses and shall
not hamper further
investigation of the case, if any
and also trial of the case in any
manner.
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d) He shall not commit any similar
offences or any offence during
the pendency of case.
If the petitioner violates any of the
conditions of bail, the de facto 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.: 15