KAILASH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
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.201451 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
KAILASH S/O LATE PRABHUSHETTY PATIL,
AGE:39 YEARS, OCC:SBI BANK PEON,
R/O. SALAGAR BASANTHPUR VILLAGE,
DIST. KALABURAGI-585 101.
…PETITIONER
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH,
CHINCHOLI POLICE STATION, CHINCHOLI
CIRCLE, DIST. KALABURAGI-585 101.
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
…RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS-2023, PRAYING TO, ALLOW THE PETITION, THEREBY
ENLARGE THE PETITIONER/ ACCUSED NO.1 ON BAIL IN
C.C.NO.558/2026 PENDING ON THE FILE OF PRL. CIVIL JUDGE
AND JMFC, CHINCHOLI, DISTRICT KALABURAGI CHARGE
SHEETED FOR THE OFFENCES PUNISHABLE U/SEC.85, 103,
238(A) R/W 3(5) OF BNS-2023 ARISING OUT OF CRIME
NO.67/2026 REGISTERED BY CHINCHOLI POLICE STATION,
DISTRICT KALABURAGI, IN THE INTEREST OF JUSTICE.
- 2 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
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
also the learned Addl. SPP for the respondent/ State on
the petition. Perused the relevant materials on record.
2. This petition is filed by the petitioner/
accused No.1 under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’),
praying for an order to release him on bail in the case in
CC No.558/2026 pending on the file of the learned
Principal Civil Judge and JMFC, Chincholli, Kalaburagi
District arising out of Crime No.67/2026 of the
respondent police for the offences punishable under
Sections 85, 103, 238A read with 3(5) of Bharatiya
Nyaya Sanhita, 2023 (for short ‘BNS’).
- 3 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
3. The learned Addl. SPP for the respondent has
orally objected to the petition submitting that there is
prima facie case against the petitioner for the offence
punishable under Section 103 of BNS, which is heinous
offence. The investigation is already over and the
charge sheet is filed against the petitioner. The
petitioner is husband of the deceased and hence, if the
petitioner is released on bail, there is every chance of
him tampering with the prosecution witnesses and
hampering trial of the case. There is no special ground
made out by the petitioner to grant bail in his favour.
Hence, the learned Addl. SPP has sought for dismissal
of the petition.
4. The case alleged against the petitioner is that
the deceased is wife of the petitioner having married him
about 9 years earlier to the alleged incident. The
petitioner along with other accused persons used to ill-
treat the deceased suspecting her chastity. The
- 4 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
petitioner addicted to drinking habit. He used to
quarrel with the deceased and assault her. When the
matter stood thus, on 18.05.2026 at about 9.00 p.m.,
the petitioner picked up quarrel with the deceased and
assaulted her and caused her death and thereby he
informed the complainant that the deceased died of
committing suicide by hanging. Hence, 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 he has not committed
any offence as alleged. The investigation is already
completed and the charge sheet is filed against the
petitioner and other accused persons. Learned counsel
for the petitioner has drawn the attention of this Court
to the statements of the eyewitnesses, who are children
of the deceased and the petitioner. They are aged about
10 years and 7 years respectively and they in their
- 5 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
statements before the learned Magistrate under Section
183 of Cr.P.C. The submission of the learned counsel
for the petitioner is that there is no allegation regarding
overt-acts of the petitioner in causing death of the
deceased. Hence, on the basis of those statements, the
submission of the learned counsel for the petitioner is
that there are no ingredients made out against the
petitioner for the offence punishable under Section 103
of BNS at this stage.
6. Per contra , learned Addl. SPP has referred to
the contents of the post mortem report, wherein it is
clear that there are 11 external injuries found on the
body of the deceased. If those injuries are considered at
this stage, it is prima facie clear that the petitioner could
have died for the reasons other than committing suicide
by hanging.
7. Moreover, the final opinion of the Doctor
regarding cause of death as mentioned in the post
- 6 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
mortem report is kept pending for want of RFSL and
Histopathology report. As per the said report, the death
is due to intra cranial hemorrhage as a result of head
injury associated with compression of neck. Therefore,
as submitted by the learned Addl. SPP, at this stage, the
medical and expert’s opinion on record makes out prima
facie case against the petitioner for the offence under
Section 103 of IPC, which is heinous offence punishable
with death of imprisonment for life.
8. Moreover, the fact that the petitioner is
husband of the deceased is undisputed. Hence,
considering the relationship between the deceased and
petitioner, and that the above referred eyewitnesses are
children of the deceased and petitioner, it is not
desirable to grant bail to the petitioner at this stage, at
least till the examination of complainant and the alleged
eyewitnesses in the case on hand.
- 7 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
9. Mere fact that the investigation is over and
the charge sheet is filed cannot be a ground to grant
bail to the petitioner unless the petitioner makes out
any special ground to grant bail in his favour. It is true
that the bail is rule and jail is an exception and the
accused cannot be allowed to remain in judicial custody
at pre-trial stage as punishment for the alleged offence.
However, every case should be considered based on the
facts of each case.
10. In the case on hand, as mentioned earlier, it
is not in dispute that the deceased is wife of the
petitioner and eyewitnesses are minor children of the
deceased and the petitioner. The complainant is mother
of the deceased and she is not eyewitness to the
incident. At this stage, if the petitioner is released on
bail, there is chance him tampering with prosecution
witnesses and thereby hampering trial of the case.
- 8 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
11. While considering the bail application, this
Court has to consider whether there are prima facie
reason or ground to believe that the petitioner has
committed offence. Moreover, the nature and gravity of
the offence and the character and behavior of the
petitioner and also of the relationship of the deceased
with the accused should be considered. This Court
should also consider the reasonable apprehension of the
witnesses being tampered by the accused during trial of
the case.
12. Hence, in the circumstances, without
touching anything about merits of the case which
should be considered by the trial Court during trial, this
Court is of the opinion that this is not a fit case to
exercise discretion to enlarge the petitioner on bail at
this stage. The petitioner has failed to make out any
ground to grant bail in his favor. Consequently, this
petition is liable to be dismissed.
- 9 -
HC-KAR
NC: 2026:KHC-K:11605
CRL.P No. 201451 of 2026
CNR: KAHC030113242026
13. In the result, I proceed to pass the following:
ORDER
i) The petition is hereby dismissed.
ii) However, the petitioner is at liberty
to move the trial Court for bail after
examination of the complainant and other
material witnesses.
iii) The trial Court is directed to
expedite the trial of the case at the
earliest.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB,SBS
List No.: 1 Sl No.: 17