LAXMIKANT vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
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.201427 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
LAXMIKANT S/O. NAGAPPA @ NAGENDRAPPA,
AGE:26 YEARS, OCC:KIRANA SHOP,
R/O. SITNOOR VILLAGE,
TQ. & DIST. KALABURAGI-585 102.
…PETITIONER
(BY SRI SHIVASHARANA REDDY, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH FARHATABAD POLICE STATION,
TQ. & DIST. KALABURAGI-585 308.
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
…RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN HCGP)
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 AND
ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME
NO.113/2025 OF RESPONDENT FARHATABAD P.S., TQ & DIST.
KALABURAGI\, FOR THE OFFENCES PUNISHABLE U/SEC.
103(1) & 27(1) OF INDIAN ARMS ACT PENDING ON THE FILE OF
THE I ADDL. DIST. AND SESSIONS JUDGE, KALABURAGI, IN SC
NO.30/2026.
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
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/
accused and the High Court Government Pleader (for
short ‘HCGP’) for the respondent/ State on the petition.
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 the petitioner on bail in the case in
SC No.30/2026 pending on the file of the I Addl. District
and Sessions Judge, Kalaburagi, arising out of Crime
No.113/2025 of the respondent Police for the offences
punishable under Sections 103(1) of Bharatiya Nyaya
Sanhita (for short ‘BNS’) and Section 27(1) of Indian
Arms Act (‘the Act’ for short).
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
3. The learned HCGP has orally objected to the
petition submitting that there is prima facie material
against the petitioner for the offence under Section
103(1) of BNS, which is heinous offence punishable with
death or life imprisonment. There is sufficient material
to show the motive on the part of petitioner to cause
death of the deceased. The investigation is already
completed and the charge sheet is filed. Now the trial of
the case is already commenced and some of the
prosecution witnesses are examined by the trial Court.
Therefore, at this stage any of the contentions of the
petitioner that he is innocent of the offence alleged
against him does not merit consideration. Considering
the allegations made against the petitioner, it would be
clear that if the petitioner is enlarged on bail, there is
chance of him tampering with prosecution witnesses
and hampering further trial of the case. Therefore,
learned HCGP has sought for dismissal of the petition.
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
4. The case alleged against the petitioner is that
the deceased caused death of the father of petitioner in
the year 2008 and in the said case the deceased was in
jail. Therefore, the petitioner had grudge against the
deceased that he would cause death of the deceased in
revenge for causing death of his father. When the
matter stood thus, on 30.08.2025 a.m., at about 7.30
the petitioner with previous grudge assaulted deceased
on the right side of his head and near neck with talwar
(sword) and caused him grievous injuries and due to
such injuries the deceased succumbed on the spot.
Thereby, the petitioner committed the alleged 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. However, as submitted by the
learned HCGP the investigation is already completed
and the charge sheet is filed against the petitioner for
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
the alleged offence. There are sufficient materials to
show motive on the part of the petitioner to cause death
of the petitioner. Further, there are eyewitnesses to the
incident and hence, any of the contentions of the
petitioner that he is innocent of the offence alleged him
does not merit consideration at this stage.
6. The learned counsel for the petitioner has
produced copy of deposition of some of the witnesses
examined as PW2 to PW10 before the trial Court in the
case. The submission of the learned counsel for the
petitioner is that one of the alleged eyewitnesses
examined as PW10 has turned hostile to the case of the
prosecution. Further, PW6 is son of the deceased and
as per his evidence, he came to the spot after the alleged
incident and hence, there are discrepancies in the
evidence of the concerned witnesses. Therefore, the
submission of the learned counsel for the petitioner is
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
that the petitioner is innocent of the offence alleged
against him.
7. On the other hand, as pointed out by the
learned HCGP, the complainant and other material
witnesses have supported the case of prosecution.
Moreover, while considering bail application, this Court
cannot hold mini trial of the case. It is for the trial
Court to appreciate the evidence on record in proper
perspective.
8. It is pertinent to note that at the earlier after
filing of the charge sheet, the petitioner filed bail
application before the learned Sessions Judge, which
was dismissed as per the order dated 24.12.2025.
Thereafter, the petitioner has not approached this Court
for bail. Only after some of the prosecution witnesses
were examined by the trial Court, the petitioner has
come up with the present petition without approaching
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
the trial Court for bail on the basis of evidence adduced
by the prosecution.
9. As stated hereinabove, this Court cannot hold
mini trial of the case and come to the conclusion that
the petitioner is innocent of the offence, that too, when
the trial of the case is commenced and some of the
witnesses are already examined. Moreover, as pointed
out by the learned HCGP, some of the material
witnesses have supported the case of prosecution.
Hence, any of the contentions of the petitioner that he is
innocent of the offence alleged against him does not
merit consideration at this stage.
10. The submission of the learned counsel for the
petitioner is that the petitioner has been in judicial
custody from 31.08.2025 and hence, the petitioner has
been in judicial custody for the period about 14 months
as on this day. The offence alleged against the
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HC-KAR
NC: 2026:KHC-K:11600
CRL.P No. 201427 of 2026
CNR: KAHC030109942026
petitioner is punishable with death or life imprisonment.
Considering gravity of the offence and the punishment
for the alleged offence, the fact that the petitioner has
been in judicial custody for the period from 14 months
cannot be a ground to grant bail to him at this stage.
There is no any special ground made out by the
petitioner to grant bail and consequently, the petition is
liable to be dismissed.
.
11. 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, if so advised.
Any observations made hereinabove by this Court
in this order shall not have any influence on the trial
Court in the trial of the case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 13