BALLAPPA @ BALAYYA vs THE STATE THROUGH
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 5 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201246 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. BALLAPPA @ BALAYYA
S/O RAMANNA LAGALERA,
AGE : 50 YEARS,
OCC : LORRY DRIVER,
R/O: KAWADIMATTI,
TQ : SHORAPUR,
DIST : YADGIR.
2. YANKAPPA
S/O BALAPPA LAGALERA,
AGE : 35 YEARS,
OCC : LORRY DRIVER,
R/O: KAWADIMATTI,
TQ : SHORAPUR,
DIST : YADGIR.
…PETITIONERS
(BY SRI SHIVAKUMAR MALIPATIL, ADVOCATE)
AND:
THE STATE THROUGH
SHORAPUR PS (CRIME NO.184/2026)
REP. BY ADDL. SPP.,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH KALABURAGI.
…RESPONDENT
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
(BY SRI SIDDALING P.PATIL, ADDL. SPP)
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C
(OLD) U/S 483 OF BNSS (NEW), PRAYING TO, ALLOW THE
PETITION AND PETITIONERS BE RELEASED ON BAIL IN CRIME
NO.184/2026 OF SHORAPUR PS FOR THE OFFENCE U/SEC
109, 115(2), 118(1), 118(2), 3(5), 351(1), 352 OF BNS-2023 ON
PENDING II ADDL. DIST AND SESSIONS JUDGE YADGIRI,
SITTING AT SHORAPUR, IN THE INTEREST OF JUSTICE AND
EQUITY.
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 petitioners/
accused No.1 and 2 and the learned Addl. SPP for the
respondent/ State on the petition. Perused the relevant
materials on record.
2. This petition is filed by the petitioners/
accused No.1 and 2 under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’),
praying for an order to release them on bail in the case
in Crime No.184/2026 of the respondent police for the
offences punishable under Sections 109, 115(2), 118(1),
- 3 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
118(2), 3(5), 351(1) and 352 of Bharatiya Nyaya Sanhita
(for short ‘BNS’) pending before the learned Principal
Civil Judge and JMFC, Shorapur.
3. The learned Addl. SPP for the respondent has
filed report of the Investigating Officer along with copies
of documents regarding the investigation done in the
case and orally objected to the petition submitting that
the investigation is completed and the charge sheet is
already filed against the petitioners for the alleged
offences. There is prima facie case against the
petitioners for the alleged offences. The offences alleged
against the petitioners are punishable with
imprisonment for life and exclusively triable by the
learned Sessions Judge. If the complaint averments are
taken into consideration, it is clear that if the petitioners
are released on bail, there is chance of them tampering
with prosecution witnesses and hampering further
investigation of the case. There is no special ground
- 4 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
made out by the petitioners to grant bail in their favour.
Therefore, learned Addl. SPP has sought for dismissal of
the petition.
4. The case alleged against the petitioners is
that one Manappa and petitioner No.1 are friends, they
being drivers of the lorry. There was dispute between
them in connection with the money transaction. When
the matter stood thus, on 11.07.2026 at 08.00 p.m.,
when the complainant and his friends Manappa and
Sharanappa were standing near APMC Ganja situated
near RVN Chowk, Shorapur, the petitioner No.1/
accused No.1 had called Manappa through phone and
asked him to come inside APMC Ganja near Hindustan
transport. When the complainant and his friend
Manappa went near Hindustana Transport at 08.30
p.m., the petitioners, who were present there abused
them in filthy language and they asked as to why they
were informing money transaction to others to which
- 5 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
Manappa asked them to repay the amount and he
would not inform anyone. At that time, the petitioners
became angry and the petitioner No.2 caught hold of the
hands of Manappa and the petitioner No.1 stabbed him
with knife below his stomach. Again when he tried to
stab with knife, Manappa resisted the same with his
hands and hence, he sustained injuries to his right
hands. The petitioners also threatened on life of the
injured and tried to cause death by assaulting the
victim. The complainant and Sharanappa pacified the
quarrel and took the victim to the hospital for
treatment. Thereafter the complaint was lodged by the
complainant. Hence, on the complaint of the victim’s
friend, the case was registered against the petitioners.
5. The submission of the learned counsel for the
petitioners is that the petitioners are innocent of the
offences alleged against them and they have not
committed any such offences as alleged. Per contra, the
- 6 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
learned Addl.SPP has submitted that the respondent
police filed charge sheet after completion of the
investigation before the concerned trial Court and the
case was registered against the petitioners.
6. As pointed out by learned Addl.SPP, there is
specific overt act of the petitioners in the alleged
incident. The petitioner No.1 caught hold of the injured/
victim and petitioner No.2 stabbed the victim on his
vital part i.e., stomach and caused grievous injuries.
Hence, the contention of learned counsel for the
petitioners that they are innocent of the offences alleged
and they have not committed any of such offences, does
not merit consideration at this stage.
7. However, as pointed out by the learned
counsel for the petitioners and also as per the material
on record, the discharge summary of the victim would
show that he was admitted to hospital on 12.07.2026
and after treatment he was discharged on 16.07.2026.
- 7 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
This would show that the victim took treatment in the
hospital for four days only and he was already
discharged from the hospital. Hence, there is no danger
to the life of the victim regarding the injuries sustained
by him in the alleged incident.
8. Morever, even if it is accepted for the sake of
argument that there are prima facie materials against
the petitioners for the alleged offences, the said offences
are not punishable with death or life imprisonment.
The maximum punishment for the alleged offences is
imprisonment for life, even though the alleged offences
are exclusively triable by the learned Sessions Judge.
There is no material forthcoming from the respondent
Police to show any antecedents of the petitioners that
they committed similar offences or any offence earlier.
9. Further, the petition averments and the
prosecution papers on record would show that the
petitioners are permanent residents of Kawadimatti
- 8 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
village, Shorapur Taluk, Yadgir District within the
jurisdiction of the Court of learned Magistrate and also
of the Court of learned Sessions Judge.
10. The prosecution papers on record would show
that the petitioners were remanded to judicial custody
on 12.07.2026 and since then for a period of more than
two and half months, the petitioners have been in
judicial custody as on this day. Absolutely, there is no
ground made out by learned Addl.SPP for continuation
of detention of the petitioners in judicial custody since
the investigation is already completed and charge sheet
is already filed. The remand of judicial custody would
show that the custodial interrogation of the petitioners
is not required by the respondent police at this stage.
11. It is well settled that the bail is rule and jail is
an exception. The accused should not be allowed to
remain in judicial custody at pre-trial stage as
punishment for the alleged offence.
- 9 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
12. Any of the apprehensions of the learned Addl.
SPP can be suitably met with by imposing proper and
necessary conditions on the petitioners while granting
regular bail in their favour making them to assist the
Investigating Officer in further investigation of the case,
if required and also to assist the trial Court during trial
of the case.
13. There is absolutely no any special ground
made out by the respondent Police to deny bail to the
petitioners. Hence, the petitioners have made out
sufficient grounds for granting bail in their favour and
consequently, the petition deserves to be allowed.
14. In the result, I proceed to pass the following:
ORDER
i. The Criminal Petition is allowed.
ii. Consequently, the petitioners/ accused No.1
and 2 shall be enlarged on bail in the case in
Crime No.184/2026 of the respondent Police
for the offences punishable under Sections
- 10 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
109, 115(2), 118(1), 118(2), 3(5), 351(1), 352
of BNS pending on the file of learned Principal
Civil Judge and JMFC, Shorapur on their
executing personal bond for Rs.2,00,000/-
each with two sureties for the like sum to the
satisfaction of the learned Magistrate or the
trial Court/ Sessions Court, as the case may
be, subject to the following conditions that:
a) The petitioners/ accused No.1 and 2
shall appear before the learned
Magistrate and also before the trial
Court/ Sessions Court as and when
directed and they shall assist the trial
Court/ Sessions Court in trial of the
case.
b) They shall appear before the respondent
Police as and when required and they
shall assist the Investigating Officer in
further investigation of the case, if any.
c) They shall not tamper with prosecution
witnesses and shall not hamper further
investigation and trial of the case in any
manner, and
- 11 -
HC-KAR
NC: 2026:KHC-K:10830
CRL.P No. 201246 of 2026
CNR: KAHC030099652026
d) They shall not commit similar offences
or any offence during the pendency of
case.
If the petitioners violate any of the conditions of
bail, the bail granted in their favour shall stand
cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 14