SHRI SATISH S/O HANAMANTH BIRADAR PATIL vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16997
CRL.P No. 102500 of 2026
CNR: KAHC020172842026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102500 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
SHRI SATISH S/O. HANAMANTH BIRADAR PATIL
AGE: 28 YEARS, OCC: AGRICULTURE,
RESIDING OF: MELLIGERI,
TALUK: MUDHOL - 587 313.
DISTRICT: BAGALKOTE - 587 101.
…PETITIONER
(BY SRI. VEERANNA NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY MUDHOL POLICE STATION, BAGALKOT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH - 580 001.
…RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF BHARATIYA NAGARIK SURAKSHA SANHITA 2023, PRAYING
TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL TO
THE PETITIONER/ACCUSED DIRECTING THE RESPONDENT
POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS
ARREST IN MUDHOL P.S. CR. NO.215/2026 PENDING BEFORE
ADDL. CIVIL JUDGE (SR. DN) AND CJM COURT, MUDHOL,
BAGALKOT DISTRICT FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 109(1), 115(2), 117(2) OF BNS, 2023.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:16997
CRL.P No. 102500 of 2026
CNR: KAHC020172842026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
The petitioner/accused has filed this petition under
Section 482 of BNSS, 2023, seeking anticipatory bail in
connection with Crime No.215/2026 of Mudhol Police Station
pending on the file of Addl. Civil Judge (Sr.Dn.) and CJM,
Mudhol, Bagalkot District, registered for the offences
punishable under sections 109(1), 115(2) and 117(2) of BNS,
2023.
2. The brief facts of the prosecution case in a nutshell are
as under:
The defacto complainant is none other than the mother of
the accused, and the injured is the father of the accused. It is
alleged that there existed a dispute between the complainant,
her husband, and the accused in respect of allotment of a
certain portion of ancestral agricultural land bearing RS No.
135/7 situated at Melligeri village, Mudhol. On 24.07.2026 at
7:00 a.m., when the husband of the defacto complainant by
name Hanamant Venkappa Biradar Patil was doing agricultural
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NC: 2026:KHC-D:16997
CRL.P No. 102500 of 2026
CNR: KAHC020172842026
work in his land, the accused, with an intention to commit
murder of the victim, took quarrel with him and voluntarily
caused hurt by his hands, pushed him on the floor, and
assaulted him on his abdomen and chest, causing severe
injuries and also tied towel on the neck of his father. Hence,
the husband of the defacto complainant sustained injury and
was shifted to Government Hospital, Mudhol for treatment,
where the defacto complainant lodged the complaint. Hence, an
FIR came to be registered, and the investigation officer took up
the investigation. Apprehending arrest at the hands of
respondent police, the petitioner has filed this anticipatory bail
petition.
3. Heard learned counsel for the petitioner and learned
HCGP for respondent-State.
4. Learned counsel for the petitioner vehemently
contended that the entire prosecution case is the direct
outcome of a long-standing family dispute between the father,
mother, brother, and the petitioner herein in respect of
partition, extent, and enjoyment of an ancestral agricultural
land. The dispute is essentially civil in nature and has, in the
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NC: 2026:KHC-D:16997
CRL.P No. 102500 of 2026
CNR: KAHC020172842026
process of escalating a family quarrel, has been given the
colour of a serious criminal offence. The complainant is the
mother, and the injured is the father of the petitioner herein;
they are closely related by blood. In the ordinary course,
disputes of this nature between close family members are
amenable to resolution through mediation, and continued
incarceration of a son at the instance of father in what is
fundamentally a property dispute would be wholly
disproportionate. The alleged offences are not punishable with
death or imprisonment for life. Now the respondent police are
making hectic efforts to arrest the petitioner. The petitioner is a
permanent resident of Melligeri village, having permanent
abode in his locality, and is ready to abide by the conditions to
be imposed by this Court. In the counter-case, the brother of
the accused was enlarged on bail in Criminal Petition
No.102146/2026, disposed of on 15.09.2026. Hence, learned
counsel prayed to grant bail in favour of the petitioner.
5. Per contra , learned HCGP vehemently contended that
there is prima facie material against the petitioner and he is
involved in a heinous offence. If the petitioner is released on
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bail, he may commit similar offences. Hence, learned HCGP
sought for dismissal of the petition.
6. Perused the material available on record. The petitioner
and the defacto complainant are son and mother respectively.
The injured Hanamanth Venkappa Biradhara Patil is none other
than the father of the accused. Admittedly, accused Nos.1 and
2 have already been enlarged on bail by this Court respectively
in the counter-case. The main allegation against the accused is
that he assaulted his father with hands and legs and tied a
towel to the neck of his father. The wound certificate produced
by learned HCGP clearly indicates that there are two injuries
sustained by the victim; however, the doctor is of the opinion
that the injuries are simple in nature. The material on record
clearly shows that the injured has already been discharged
from the hospital and there is no threat to his life. Admittedly,
the alleged offences are not punishable with death or
imprisonment for life.
7. It is a well-established principle of law that while
granting bail, the Court has to consider the nature of the
offence, circumstances in which the offence is committed,
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position and status of the petitioner with reference to the victim
and witness, likelihood of fleeing away from justice or repeating
the same, or tampering with witnesses. Keeping all these
factors in mind, when the Court goes through the entire
material placed on record, it can be said that, prima facie, there
are reasonable and exceptional grounds to believe at this stage
that the petitioner is not guilty of the offence alleged;
therefore, the petitioner is entitled for bail.
Accordingly, the Court proceeds to pass the following:
ORDER
allowed
Criminal petition is . The respondent-Police
Station are directed to release the petitioner/accused on bail in
the event of his arrest in Crime No.215/2026 on the file of
Addl. Civil Judge (Sr.Dn.) and CJM, Mudhol, Bagalkot District
for the offences punishable under sections 109(1), 115(2) and
117(2) of BNS, 2023, subject to the following conditions:
i. The 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
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satisfaction of the Investigating Officer/Station
House Officer;
ii. The petitioner shall surrender before the
Investigating Officer/Station House Officer within
fifteen days from the date of receipt of a
certified copy of this order;
iii. The petitioner shall appear before the
Investigating Officer as and when called for, for
the purpose of investigation;
iv. The petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
v. The petitioner shall mark his attendance before
Investigating Officer/Station House Officer on
the first Sunday of every month between 10.00
a.m. and 5.00 p.m. for a period of six months or
till filing of charge-sheet, whichever is earlier,
and
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vi. The petitioner shall not indulge in any similar
offences.
If any of the above conditions are violated, the prosecution
is at liberty to move the Court for cancellation of bail.
Sd/-
(VENKATESH NAIK T)
JUDGE
MN
CT:SK
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