AKASH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11163
CRL.P No. 201328 of 2026
CNR: KAHC030086412026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201328 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
AKASH S/O GUJJU GIRANI,
AGE: 30 YEARS,
OCC: AGRICULTURE,
R/O: ANKALAGI TANDA – 586 127.
TQ: AND DIST: VIJAYAPURA.
…PETITIONER
(BY SRI SANTOSH APPASAB BIRANAGI AND
SMT. AKSHATA M.REDDY, ADVOCATES)
AND:
THE STATE OF KARNATAKA,
THROUGH THE PSI, INDI,
RURAL POLICE STATION, VIJAYAPUR,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH – 585 103.
…RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C
(OLD) U/S 483 OF BNSS (NEW) PRAYING TO ALLOW THIS
CRIMINAL PETITION AND ENLARGE THE ACCUSED
NO.4/PETITIONER ON REGULAR BAIL WHO IS ARRESTED BY
INDI RURAL PS IN FIR NO.9/2026 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 61(2)(A), 103(1), 238(A) R/W
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC-K:11163
CRL.P No. 201328 of 2026
CNR: KAHC030086412026
3(5) OF BHARATIYA NYAYA SANHITA (BNS), 2023 IN SC
NO.151/2026 PENDING BEFORE THE PRL. DISTRICT AND
SESSIONS COURT, 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
Learned counsel for the petitioner appears through
video conference.
2. Heard learned counsel for the petitioner and
learned High Court Government Pleader (for short
‘HCGP’) for the respondent on the petition. Perused the
relevant materials on record.
3. This petition is filed by the petitioner/
accused No.4 under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS’) praying for
an order to enlarge him on bail in the case in
SC No.151/2026, pending on the file of the learned
Principal District and Sessions Judge, Vijayapur arising
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NC: 2026:KHC-K:11163
CRL.P No. 201328 of 2026
CNR: KAHC030086412026
out of Crime No.9/2026 of the respondent police for the
offences punishable under Sections 61(2)(a), 103(1) and
238(a) read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023 (for short ‘BNS’).
4. The learned HCGP has orally objected to the
petition submitting that the investigation is already over
and the charge sheet is filed against the petitioner and
other accused persons. There is overt act of the
petitioner regarding the involvement in the offence.
There is sufficient material against the petitioner of his
involvement in the incident. Mere fact that the
investigation is over and the charge sheet is filed cannot
be ground to grant bail to the petitioner. Hence, the
learned HCGP has sought for dismissal of the petition.
5. The case alleged against the petitioner is that
the deceased was having illicit relationship with the
accused No.1. The accused No.2 is husband of the
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HC-KAR
NC: 2026:KHC-K:11163
CRL.P No. 201328 of 2026
CNR: KAHC030086412026
accused No.1. The accused No.1 and 2 along with
accused No.3 and the petitioner/ accused No.4
conspired to cause death of the deceased. Hence, on
14.01.2026 in night hours in the house of the accused
No.1 and 2, the petitioner including the other accused
caused death of the deceased and thereby the petitioner
with other accused persons committed the alleged
offences.
6. The submission of the learned counsel for the
petitioner is that the entire case of prosecution rests on
circumstantial evidence. There is no eyewitness to the
incident. The petitioner has not committed any offence
and he has been falsely implicated in the case.
Per contra
7. , as submitted by the learned
HCGP, the investigation is already over and the charge
sheet is filed. There are statements of the witnesses,
which would show that the deceased was found with the
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NC: 2026:KHC-K:11163
CRL.P No. 201328 of 2026
CNR: KAHC030086412026
accused No.3 and 4 for the last time. Moreover, the
prosecution papers on record would show the
involvement of petitioner in the alleged incident.
Therefore, the contention of petitioner that he is
innocent of the offences alleged against him does not
merit consideration at this stage.
8. Moreover, as submitted by the learned HCGP,
the offence alleged against the petitioner is punishable
under Section 103 of BNS, which is heinous offence,
punishable with death or imprisonment for life. The
motive for conspiring to cause death of the deceased is
that he is having illicit relationship with accused No.1.
It is not in dispute that the accused No.2 is husband of
the accused No.1.
9. Moreover, considering the gravity of offences
and the punishment for the alleged offences, mere fact
that the investigation is over and the charge sheet is
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HC-KAR
NC: 2026:KHC-K:11163
CRL.P No. 201328 of 2026
CNR: KAHC030086412026
filed cannot be ground to grant bail in favour of the
petitioner. On the other hand, filing of the charge sheet
would show that the respondent police have collected
sufficient materials against the petitioner and other
accused persons for the alleged offences. Considering
the prosecution papers on record, it would be clear that
if the petitioner is released on bail at this stage, there is
chance of him tampering with prosecution witnesses
and hampering further investigation of the case.
10. Any of the grounds urged by the petitioner
cannot be reason for granting bail to the petitioner. No
special ground is made out by the petitioner to release
him on bail at this stage. At least, till examination of the
complainant and the material witnesses, the petitioner
should remain in judicial custody.
11. The charge sheet is already filed and the case
is committed to the Court of learned Sessions Judge/
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CRL.P No. 201328 of 2026
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trial Court and the case is registered against the
petitioner and others. Therefore, there is absolutely no
reason to grant bail to the petitioner. Hence, the petition
is liable to be dismissed.
12. In the result, I proceed to pass the following:
ORDER
(a) The Criminal Petition is hereby dismissed.
(b) However, the petitioner is at liberty to
move the trial Court for bail after
examination of the complainant and
material witnessed in the case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 12