BASAVARAJAPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102788 OF 2026
(439(Cr.PC)/483(BNSS)
C/W
CRIMINAL PETITION NO. 102812 OF 2026
IN CRL.P No. 102788/2026
BETWEEN:
1. BASAVARAJAPPA
S/O. HANUMANTHAPPA CHINNADA
AGE: 67 YEARS,
OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115.
2. SHARANAPPA
S/O. BASAVARAJAPPA CHINNADA
AGE: 37 YEARS,
OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115.
3. MALLIKARJUNA
S/O. HANUMANTHAPPA CHINNADA
AGE: 52 YEARS,
OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115.
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
- 2 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
4. KARABASAPPA
S/O. VEERUPAKSHAPPA CHINNADA
AGE: 49 YEARS,
OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115
… PETITIONERS
(BY SRI. V.M. BANAKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH RANEBENNUR POLICE STATION,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD-580011.
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
2023 (U/SEC. 439 OF CR.P.C.), PRAYING TO ENLARGE THE
PETITIONER/ACCUSED NO. 1,2,4,AND 10 ON REGULAR BAIL IN
CONNECTION WITH RANEBENNUR RURAL P.S. CRIME NO. 127/2026
REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 115(2)
189(2), 191(2), 329(4), 103(1), 352(2) 190 OF BNS 2023 PENDING
BEFORE THE PRL. CIVIL JUDGE (SR.DN.), CJM COURT RANEBENNUR
IN C.C. NO.2016/2026.
IN CRL.P NO. 102812/2026
BETWEEN:
1. JAGADEESHA S/O. BASAVARAJAPPA CHINNADA
AGE: 33 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115.
2. VINAYAK S/O. MALLIKARJUNA CHINNADA
AGE: 44 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115.
- 3 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
3. SANTOSH S/O. MALLIKARJUN CHINNADA
AGE: 32 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE, TQ: RANEBENNUR,
DIST: HAVERI-581115.
4. SURESH S/O. HANUMANTHAPPA CHINNADA
AGE: 48 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE, TQ: RANEBENNUR,
DIST: HAVERI-581115.
5. HANUMANTHA S/O. SURESHA CHINNADA
AGE: 36 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115.
6. RAVI S/O. SURESHAPPA CHINNADA
AGE: 28 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE,
TQ: RANEBENNUR,
DIST: HAVERI-581115.
7. SURESHA S/O. HANUMANTHAPPA CHINNADA
AGE: 48 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE, TQ: RANEBENNUR,
DIST: HAVERI-581115.
8. PUTNANJA S/O. EARESHA CHINNADA
AGE: 32 YEARS, OCC: AGRICULTURIST,
R/O. KAJJARI VILLAGE, TQ: RANEBENNUR,
DIST: HAVERI-581115.
... PETITIONERS
(BY SRI. V.M. BANAKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH RANEBENNUR RURAL POLICE STATION
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD-580011.
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
- 4 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS, 2023
(U/SEC. 438 OF CR.P.C.), PRAYING TO THIS HONBLE COURT BE
PLEASED TO ENLARGE THE PETITIONERS/ ACCUSED NO. 3,5, TO 9,
11 AND 12 ON ANTICIPATORY BAIL IN CONNECTION WITH
RANEBENNUR RURAL P.S. CRIME NO. 127/2026 REGISTERED FOR
THE OFFENCES PUNISHABLE U/SEC. 115(2), 189(2), 191(2),
329(4), 103(1), 352, 351(2), 190 OF BNS 2023, PENDING BEFORE
THE PRINCIPAL CIVIL JUDGE (SR. DN.) AND CJM COURT
RANEBENNUR IN CC NO. 2016/2026.
THESE PETITIONS, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard the learned counsel Sri.V.M.Banakar for the
petitioners and Sri.Jairam Siddi, learned HCGP for respondent-
State.
2. The petitioner/accused Nos.1, 2, 4 and 10 have
filed Crl.P.No.102788/2026 under Section 483 of BNSS, 2023
(Section 439 of Cr.P.C.) seeking regular bail, whereas
petitioners/accused Nos.3, 5 to 9, 11 and 12 have filed
Crl.P.No.102812/2026 under Section 482 of BNSS, 2023
(Section 438 of Cr.P.C.) seeking anticipatory bail in connection
with crime No.127/2026 of Ranebennur Rural Police Station,
registered for the offences punishable under Sections 115(2),
189(2), 191(2), 329(4), 103(1), 352, 351(2), 190 of the
- 5 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
Bharatiya Nyaya Sanhita, 2023, pending on the file of the
learned Principal Senior Civil Judge and CJM Court,
Ranebennur.
3. The brief facts of the prosecution case in nutshell
are as under:
There was a long standing dispute between the defacto
complainant and the accused persons, as to the sharing of their
properties and the matter is pending before the court. The
matter was earlier settled by the elders of the village, however,
the matter could not be resolved completely. Hence, the elders
instructed both the parties to approach the court and decide
their issue. When things stood thus, on 25.05.2026 at 07:00
p.m., all the accused persons formed an unlawful assembly,
trespassed into the house of defacto complainant, and picked
up quarrel with C.Ws.1, 6 and 7 in respect of sharing of the
property and caused hurt to them and they outraged the
modesty of CW.6. In the meanwhile, deceased Karabasappa,
the brother of defacto complainant, tried to pacify the quarrel,
however, all the accused persons also assaulted him with hands
and legs. Hence, he sustained injuries. As he had undergone
- 6 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
surgical operation and applied stent to his heart, he died on the
same day at 07:30 p.m. Therefore, the defacto complainant
lodged the complaint, which lead to registration of an FIR and
investigation.
4. During the course of investigation, the
petitioners/accused Nos. 1, 2, 4 and 10 were arrested and in
turn, they were remanded to judicial custody. Apprehending
their arrest, petitioners/accused Nos.3, 5 to 9, 11 and 12 have
filed anticipatory bail petition.
5. Learned counsel for the petitioners contented that
there is long standing enmity between the family of the defacto
complainant and the accused persons and they are close
relatives. In fact, the deceased Karabasappa was undergone
surgical operation earlier, and he died due to acute cardiac
failure resulting from pacemaker conduction failure (stent/leads
as mentioned in PM report) precipitated by blunt force trauma
to the chest. Further, the petitioners have not used any deadly
weapon and no external injury or scratch injury found on the
person of the dead body of the deceased Karabasappa. Now the
investigation is completed and charge sheet is filed. The
- 7 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
petitioners are ready to abide by any conditions to be imposed
by this Court. Hence, learned counsel for the petitioners prayed
to allow the petitions.
6. Per contra, learned HCGP vehemently contended
that the petitioners are involved in the commission of the
murder. They assaulted the deceased with their hands and legs
and CWs.1, 6 to 13 have seen the incident. The postmortem
examination report reveals that the cause of death is due to
cardiac failure precipitated by blunt force trauma to the chest of
the deceased. If the petitioners are released on bail, they may
tamper the prosecution witnesses and hamper the investigation
and there is possibility of committing similar offence. Hence,
learned HCGP prayed to reject the petitions.
7. On perusal of the material available on record, it is
clearly demonstrated that the family of the defacto complainant
and the petitioners are close relatives and there is a dispute
between both the families in respect of sharing of their land. On
the day of the incident also, these petitioners came to the
house of defacto complainant in order to demand share in the
family property. The statements of CWs.1, 6 to 11 who are an
- 8 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
eyewitness to the incident have stated that all the accused
persons demanded share in the property and there was scuffle
between both the parties. In the incident, they assaulted CWs.1
and 6, who sustained simple injury. In the incident, when the
deceased Karabasappa tried to pacify the quarrel, he also
assaulted by the petitioners. It is admitted fact that earlier the
deceased was undergone surgical operation and had applied
stent to his heart. The perusal of the postmortem report, more
particularly the final opinion of the Haveri Institute of Medical
Science, Department of Forensic Medicine and Toxicology, the
cause of death is due to acute cardiac failure resulting from
pacemaker conduction failure (stent/leads as mentioned in PM
report) precipitated by blunt force trauma to the chest. The
perusal of the entire material available on record, prima facie
the petitioners had no intention to eliminate the deceased and
their intention was to demand the share in the property and
hence, there was a scuffle between both the parties.
Admittedly, the investigation is completed and the Investigating
Officer has filed the charge sheet.
- 9 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
8. On perusal of the entire prosecution papers and
having regard to the facts and circumstances of the case,
looking into the nature of allegation made against the
petitioners, gravity of offence, severity of punishment, chances
of petitioners absconding or fleeing away from justice if
released on bail, character and antecedents of the petitioners
tampering of the prosecution witnesses, the petitioners are
entitled for grant of bail by imposing certain conditions.
9. Accordingly, the Court proceeds to pass the
following:
ORDER
allowed
a. The Crl.P.No.102788/2026 is .
b. The petitioners/accused Nos.1, 2, 4 and 10 are
directed to be enlarged on bail in connection with
crime No.127/2026 of Ranebennur Rural Police
Station, registered for the offences punishable under
Sections 115(2), 189(2), 191(2), 329(4), 103(1),
352, 351(2), 190 of the Bharatiya Nyaya Sanhita,
2023, pending on the file of the learned Principal
- 10 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
Senior Civil Judge and CJM Court, Ranebennur ,
subject to the following conditions:
i) 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;
ii) Petitioners shall not threaten or tamper with the
prosecution witnesses directly or indirectly;
iii) Petitioners shall not involve in any offences in future.
Crl.P.No.102812/2026 is allowed . The respondent-
police are directed to release the petitioners/accused Nos.3, 5
to 9, 11 and 12 on bail in the event of their arrest in connection
with crime No.127/2026 of Ranebennur Rural Police Station,
registered for the offences punishable under Sections 115(2),
189(2), 191(2), 329(4), 103(1), 352, 351(2), 190 of the
Bharatiya Nyaya Sanhita, 2023, pending on the file of the
learned Principal Senior Civil Judge and CJM Court,
Ranebennur, subject to the following conditions:
i. Petitioners shall be enlarged on bail on executing
a personal bond for Rs.1,00,000/- each with two
sureties each for the likesum to the satisfaction
of the Trial Court.
- 11 -
HC-KAR
NC: 2026:KHC-D:17831
CRL.P No. 102788 of 2026
C/W CRL.P No. 102812 of 2026
CNR: KAHC020186482026
ii. Petitioners shall punctually attend the Trial Court
on each and every posting unless expressly
exempted.
iii. Petitioners shall co-operate with the trial.
iv. Petitioners shall not threaten, induce, or promise
anyone acquainted with the facts, nor tamper
with evidence or witnesses directly or indirectly.
v. Petitioners shall not leave the jurisdiction of the
police station without prior information and
intimation to the jurisdictional police.
vi. Petitioners shall not commit any offences in
future.
Any violation of the conditions imposed above would
enable 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
MBS
CT:GSM
List No.: 1 Sl No.: 7