GOVINDAPPA ALIAS GOVINDA MONALLI S/O THIMMAPPA MANALLI vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-D:17501
CRL.P No. 102094 of 2026


CNR: KAHC020145592026



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 27 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 102094 OF 2026
(439(Cr.PC)/483(BNSS)

BETWEEN:

GOVINDAPPA @ GOVINDA MONALLI
S/O. THIMMAPPA MANALLI,
AGE: 50 YEARS, OCC: LABOURER,
R/O. WARD NO.5, MAHANKALI NAGARA,
HALE MADAPUR VILLAGE, DAROJI,
TQ. SANDUR, DIST. BALLARI-583129
…PETITIONER
(BY SRI SRINAND A. PACHHAPURE, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
THROUGH KUDUTHINI POLICE STATION,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580011.
…RESPONDENT
(BY SRI DAYANAND SANGRESHI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.483 OF BNSS
(U/S.439 OF CR.P.C.), PRAYING TO GRANT BAIL TO THE
PETITIONER/ACCUSED NO.1 IN CRIME NO.32/2026 REGISTERED BY
THE RESPONDENT KUDUTHINI POLICE STATION FOR THE OFFENCES
PUNISHABLE U/S.103(1), 3(5), 238 OF BNS IN CRL.MISC.
NO.370/2026 AND S.C.NO.69/2026 REGISTERED IN THE COURT OF
PRL. DISTRICT AND SESSIONS JUDGE, BALLARI, IN THE INTEREST
OF JUSTICE.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:













Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

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CRL.P No. 102094 of 2026


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CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

Heard Sri.Srinand A.Pachhapure, learned counsel for the
petitioner/accused No.1 and Sri.Dayanand Sangreshi, learned
HCGP for the respondent-State.

2. The petitioner/accused No.1 has filed this petition
under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C.)
seeking regular bail in S.C.No.69/2026 in connection with crime
No.32/2026 of Kudithini Police Station, registered for the
offences punishable under Sections 103(1), 3(5) and 238 of the
Bharatiya Nyaya Sanhita, 2023, pending on the file of the
learned Principal District and Sessions Judge, Ballari.

3. The brief facts of the prosecution case in the
nutshell are as under:
On 01.03.2026, the defacto complainant lodged a
complaint to the respondent-police alleging that her husband,
the deceased Gopal, had an illicit relationship with accused
No.2. He often used to visit her house. Hence, there was an ill-
will between both the families. On 28.02.2026 at about 09.45

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p.m., the deceased Gopal had been to the house of accused
No.2 and knocked the door. There was a scuffle between the
petitioners and accused No.1. Since the deceased Gopal abused
accused No.2 in filthy language, intentionally insulted her to
provoke her breach of peace, accused Nos.2 to 4 caught hold
the hands and legs of the deceased, accused No. 1 assaulted
the deceased with long sickle/machete on his head and caused
severe injury, and thus, the deceased succumbed to the
injuries. Hence, the complainant lodged the complaint. This led
to registration of an FIR and investigation. The Investigating
Officer has conducted investigation and filed charge-sheet
against the accused persons, for the aforesaid offences . Hence,
this petition.

4. Learned counsel for the petitioner has contended
that the case is rest on circumstantial evidence. The petitioner
has been falsely implicated in the case. Absolutely, there is no
eyewitness to the incident. There is no prima facie material
against the petitioner. Accused No.1 is husband of accused
No.2 and accused Nos.3 and 4 are sons of accused Nos.1 and
2. The petitioner is ready to abide by any conditions to be

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imposed by this Court. Hence, learned counsel for the
petitioner prayed to allow the petition.

5. Accused Nos.2 to 4 are already enlarged on bail by
this court in Criminal Petition No.102095/2026.

6. Learned High Court Government Pleader has
vehemently contended that there is prima facie material
against the petitioner and he is involved in offence under
Section 302 of the IPC (Section 103 of BNS, 2023) and there
was an intention, preparation and attempt on their part. If the
petitioner is released on bail, there is likelihood of him fleeing
away from justice and tampering with the prosecution
witnesses and hampering the trial. Hence, learned HCGP
prayed to reject the petition.

7. On perusal of the material available on record, it
appears that the deceased had developed illicit relationship
with accused No.2 and accordingly on 28.02.2026 at about
9.45 p.m., the deceased voluntarily came to the house of
accused No.2, abused accused No.2 in filthy language.

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Therefore, accused No.1 objected for the same. Hence, there
was a scuffle between the deceased and accused Nos.1 to 4.

8. Admittedly, the case rests upon the circumstantial
evidence and there are no eyewitnesses to the incident. This
Court granted bail in favour of accused No.2 to 4. The
investigation is completed and the Investigating Officer has
filed charge sheet and the matter is committed to the Court of
Sessions. The petitioner is in judicial custody since 02.03.2026
and soon after the committal of the case to the Court of
Sessions, till date no progress is made out. Since accused No.2
to 4 are already enlarged on bail, on the ground of parity also,
the petitioner is entitled for bail.

9. Therefore, the conventional principle in bail
jurisprudence is the discretion of court and it must tilt in favour
of the oft - quoted phrase, “bail is the rule, jail is the exception”
unless circumstances justify otherwise.

10. It is well established principles of law that while
granting bail, the court has to consider the nature of the
offence, circumstances in which the offence is committed,

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position and status of the petitioner with reference to the victim
and witnesses, likelihood of fleeing away from justice, repeating
same offences by the petitioner, tampering with the witnesses,
character and antecedents of the petitioner. Further, the law is
well settled that while disposing of the bail petition, the court
need not scan the prosecution papers and hold mini trial.

11. Keeping all these factors in mind, when the court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
grounds to believe, at this stage, that the petitioner is guilty of
the offences alleged.

12. Considering the nature of the offences,
circumstances of the case, particularly, the allegations leveled
against the petitioner, I am of the opinion that the petitioner is
entitled for grant of bail. Accordingly, I proceed to pass the
following:
ORDER
allowed
The Criminal petition is . The petitioner/accused
No.1 is directed to be enlarged on bail in connection with crime

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No.32/2026 of Kudithini Police Station, registered for the
offences punishable under Sections 103(1), 3(5) and 238 of the
Bharatiya Nyaya Sanhita, 2023, in S.C.No.69/2026, pending on
the file of the learned Principal District and Sessions Judge,
Ballari , on he executing a personal bond in a sum of
Rs.2,00,000/- with two solvent sureties or for the like sum to
the satisfaction of trial Court, subject to the following
conditions:

i. The petitioner shall not tamper with the
prosecution witnesses in any manner.

ii. The petitioner shall appear before the trial Court
on all dates of hearing without fail.

iii. The petitioner shall not leave the jurisdiction
without leave of trial Court.
The violation of any of the conditions shall entail
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
CLK /CT-AN
List No.: 1 Sl No.: 44