KRISHNA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11604
CRL.P No. 201459 of 2026
CNR: KAHC030113682026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201459 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
KRISHNA
S/O CHAPAALA @ CHAPAAL RATHOD,
AGE:42 YEARS, OCC:MECHANIC,
R/O. JANATA COLONY, BHALKI, TQ. BHALKI,
DIST. BIDAR-585 401.
…PETITIONER
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH DHANNURA POLICE STATION,
BHALKI RURAL CIRCLE,
DIST. BIDAR-585 401.
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.
…RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS 2023, PRAYING TO ALLOW THE PETITION AND
ENLARGE THE PETITIONER/ SOLE ACCUSED ON BAIL IN
CRIME NO.158/2026 REGISTERED BY DHANNURA POLICE
STATION, DISTRICT BIDAR, FOR THE OFFENCES PUNISHABLE
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CRL.P No. 201459 of 2026
CNR: KAHC030113682026
U/SECS.109 AND 352 OF BNS-2023 AS PER FIR, PENDING ON
THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, BHALKI
DISTRICT BIDAR.
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. Perused
the relevant materials on record.
2. This petition is filed by the petitioner/ sole
accused 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 Crime
No.158/2026 of the respondent Police for the offences
punishable under Sections 109 and 352 of Bharatiya
Nyaya Sanhita (for short ‘BNS’), pending before the
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CRL.P No. 201459 of 2026
CNR: KAHC030113682026
learned Principal Civil Judge and JMFC, Bhalki, District
Bidar.
3. The learned HCGP has filed report of the
Investigating Officer along with copies of some
documents regarding investigation done in the case till
this day and orally objected to the petition submitting
that there is prima facie case against the petitioner for
the offence punishable under Section 109 of BNS. The
investigation is at the initial stage and it is yet to be
completed. At this stage if the petitioner is released on
bail, there is chance of him tampering with prosecution
witnesses and hampering further investigation of the
case. There is also chance of him absconding and
thereby not assisting the Investigating Officer in further
investigation. There is no any special ground made out
by the petitioner to grant bail to him. Therefore, the
learned HCGP has sought for dismissal of the petition.
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CRL.P No. 201459 of 2026
CNR: KAHC030113682026
4. The case alleged against the petitioner is that
on 22.09.2026 at about 7.00 p.m., there was quarrel
between two parties of Dadodi Tanda and thereafter, the
persons who involved in the quarrel went to the Police
Station for giving complaint. At that time, the petitioner
went to the spot near Police Station and asked the other
party why they were quarreling with the persons of his
Tanda, than the complainant objected to the same. At
that time the petitioner took iron rod from his
motorcycle and assaulted on the head of the injured/
complainant with an intention to cause his death and
caused injury on his head and thereby, the petitioner is
alleged to have committed the offence.
5. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the
offences alleged against him and no case is made out
against the petitioner for the alleged offence. Per contra ,
as submitted by the learned HCGP, the investigation is
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at the initial stage and it is yet to be completed. Hence,
the contention of the petitioner that he is innocent of
the offence alleged against him does not merit
consideration at this stage.
6. However, the learned HCGP has produced
copy of the wound certificate of the injured, which
would show that the injured/ complainant suffered cut
lacerated wound over occipital region, but the said
injury is simple in nature. Moreover, as pointed out by
the learned counsel for the petitioner, on the date of
admission itself the injured was discharged from the
hospital and he gave complaint to the Police on the next
day. This would show that there is no threat or danger
to the life of the injured due to the injuries sustained in
the incident.
7. Further, even if it is accepted for the sake of
argument that there is prima facie case against the
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petitioner for the alleged offence, the said offence is not
punishable with death or imprisonment for life. The
maximum punishment for the alleged offence is
imprisonment for life, even though the alleged offence is
triable by the Court of Sessions. Hence, there is no
reason to deny bail to the petitioner.
8. Moreover, the material on record would show
that the petitioner is permanent resident of Bhalki
Taluk, Bidar District, within the jurisdiction of the
Court of the learned Magistrate and also of the trial
Court. There is no material forthcoming from the
respondent Police to show any antecedents of the
petitioner that he committed similar offences or any
offence earlier. The allegation made in the complaint
would show that there is no intention on the part of the
petitioner to cause death of the injured in the alleged
incident.
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9. The bail is rule and jail is an exception. It is
well settled that the accused should not be allowed to
remain in judicial custody at pre-trial stage as
punishment for the alleged offence. As per the materials
on record, it is clear that the petitioner was remanded to
the judicial custody on 23.09.2026 and hence, for more
than one month the petitioner has been in judicial
custody. The fact that after arrest of the petitioner, he
has been sought to be remanded to judicial custody by
the Investigating Officer would show that the custodial
interrogation of the petitioner is not at all necessary for
further investigation of the case.
10. Any of the apprehensions of the learned
HCGP can be suitably met with by imposing proper and
necessary conditions on the petitioner making him to
assist the Investigating Officer in further investigation of
the case and also assist the trial Court in trial of the
case. There is no any special ground made out by the
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respondent Police to deny bail to the petitioner.
Therefore, the petitioner has made out sufficient ground
to grant bail in his favour and consequently, the petition
deserves to be allowed.
11. In the result, I proceed to pass the following:
ORDER
allowed
i) The petition is hereby .
ii) Consequently, the petitioner/
accused shall be enlarged on bail in the
case in Crime No.158/2026 of the
respondent Police for the offence
punishable under Sections 109 and 352
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 Magistrate/ trial Court, as the
case may be, subject to the following
conditions that:
a)
The petitioner shall appear before
the Investigating Officer as and
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when required and he shall assist
the Investigating Officer in further
investigation of the case.
b)
He shall appear before the learned
Magistrate and also before trial
Court as and when directed and he
shall assist the trial Court in trial
of the case.
c) He shall not tamper with
prosecution witnesses and hamper
further investigation of the case in
any manner, and
d) He shall not commit similar
offences or any offence during the
pendency of case.
If the petitioner violates any of the conditions of
bail, the bail granted in his favour shall stand cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
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