HANAMANTHRAYA vs THE STATE THROUGH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11237
CRL.P No. 201244 of 2026
CNR: KAHC030098862026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201244 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
HANAMANTHRAYA
S/O PARAMANNA GINDI,
AGE : 79 YEARS,
OCC : AGRICULTURE,
R/O: VILLAGE MAVINAMATTI,
TQ: SHORAPUR,
DIST: YADAGIR 585 224.
…PETITIONER
(BY SRI NANDKISHORE BOOB, ADVOCATE)
AND:
THE STATE,
THROUGH KEMBHAVI POLICE STATION,
(NOW REPRESENTED BY THE ADDL SPP,
HCKB AT KALABURAGI)
…RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)
THIS CRL.P. IS FILED UNDER SECTION 438 OF
CR.P.C.(OLD)/ 482 OF BNSS(NEW), PRAYING TO RELEASE THE
PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST IN CRIME
NO.46/2026 OF KEMBHAVI P.S., FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2),
118(1), 109(1), 103(1), 352 AND 351(2) R/W SECTION 190 OF
BNS 2023, PENDING ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC COURT, SHORAPUR, IN CC NO.133/2026.
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC-K:11237
CRL.P No. 201244 of 2026
CNR: KAHC030098862026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Learned counsel for the petitioner is present and
he files memo producing certified copy of order of this
Court dated 21.09.2026 in Crl.P. No.201201/2026,
wherein this Court has granted anticipatory bail in
favour of the accused No.5 to 8 in the same case.
2. Heard the learned counsel for the petitioner/
accused No.4 and the learned Addl. SPP for the
respondent/ State on the petition. Perused the relevant
materials on record.
3. This petition is filed by the petitioner/
accused No.4 (as per the charge sheet) under Section
482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short ‘BNSS’) praying for an order to grant anticipatory
bail in his favour directing the respondent Police to
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NC: 2026:KHC-K:11237
CRL.P No. 201244 of 2026
CNR: KAHC030098862026
release him on bail in the event of his arrest in the case
in CC No.133/2026 pending before the learned Senior
Civil Judge and JMFC, Shorapur (for short ‘the learned
Magistrate’) arising out of Crime No.46/2026 of
respondent Police for the offences punishable under
Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109(1),
103(1), 352 & 351(2) read with Section 190 of Bharatiya
Nyaya Sanhita, 2023 (for short ‘BNS’).
4. The learned Addl. SPP for the respondent
Police has orally objected to the petition submitting that
the investigation is already completed and the charge
sheet is filed against the petitioner and other accused
persons in the case. The offence charged against the
petitioner and other accused persons is punishable
under Section 103 of BNS along with other offences,
which is heinous offence. Mere fact that the
investigation is over and the charge sheet is filed cannot
be ground to grant anticipatory bail to the petitioner.
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HC-KAR
NC: 2026:KHC-K:11237
CRL.P No. 201244 of 2026
CNR: KAHC030098862026
Therefore, the learned Addl. SPP has sought for
dismissal of the petition.
5. The case alleged against the petitioner along
with other accused persons is that on 31.03.2026 the
complainant lodged the complaint stating that he along
with his younger brothers Parameshwara and
Revanasiddappa and his mother was residing at
Mavinamatti Village. They owned landed property
bearing Survey No.31 measuring about 6 acres 31
guntas out of which 2 acres of land was in possession
and cultivation of the elder brother of the father of
complainant Hanumantha and his children for the last
many years. About 5 to 6 years back, the complainant
and his family members took possession of the said 2
acres of land from Hanumantha and his children after
conducting a panchayath in the village, on the account
of which the said Hanumantha and his sons
Parmannna, Mahadevappa, Devendrappa and
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Chandappa are having grudge against the complainant
and his family members.
6. When the matter stood thus, on 30.03.2026
at about 08.30 p.m., when the complainant and his
younger brothers and mother were in their house, they
heard noise and on hearing the same when they came
out from their house, they saw the accused No.1 to 21
holding stick, machete, javelin and stones and they all
abused in filthy language and the accused persons
including the petitioners caught hold of the family
members of complainant including the complainant and
dragged them near Revanasiddeshwara temple at Agasi.
All the accused persons took younger brother of
complainant Parameshwara with an intention to kill him
and caught hold of him and made him to lie on the
ground. Further, the accused No.2 assaulted
Parmeshwara with Javelin and poked on his backside
and caused injury, while the accused No.20 and 21
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assaulted on knee of Parameshwara and caused
bleeding injury to him. The accused persons including
the petitioners assaulted Parameshwara and caused
bleeding injuries and due to such injuries
Parameshwara died on the spot. The petitioner along
with other accused persons assaulted complainant’s
mother when she came and tried to rescue her son and
also assaulted the complainant with stick. They
threatened on the life of complainant and his mother
and went away. Hence, the petitioner along with the
other accused persons committed the alleged offences.
7. The contention of the petitioner is that he is
innocent of the offences alleged against him and he has
not committed any offences. Per Contra, as submitted
by the learned Addl. SPP, it is not in dispute that the
accused No.1 to 3 are the sons of the accused No.4, who
is petitioner herein present case and as per the
complaint averments and also as per the contents in the
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CNR: KAHC030098862026
charge sheet, there is specific overt-act of the petitioner
that he assaulted the injured with stone and caused
him blood injuries. The motive for the alleged incident
is land dispute between the petitioner herein and the
complainant and others on the other side. Therefore,
there are prima facie materials against the petitioner for
the alleged offence, which is heinous offence punishable
with death or life imprisonment under Section 103 of
BNS.
8. The accused No.1 to 3 are sons of the
petitioner and since from the date of registration of the
case the petitioner has been absconding in the case and
he is not available for to the respondent Police for
investigation of the case. This would clearly that the
petitioner is not entitled to benefit of anticipatory bail at
this stage.
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CRL.P No. 201244 of 2026
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9. Mere fact that the accused No.5 to 8 are
granted anticipatory bail in the case cannot be a ground
to grant anticipatory bail to the present petitioner, as it
is undisputed fact that the accused No.5 to 8 are
women and they are entitled to bail as per the provision
under Section 480 of BNSS for bail. Mere fact that the
investigation is over and the charge sheet is filed against
the petitioner does not make out any ground to grant
anticipatory bail to the petitioner. On the other hand,
filing of the charge sheet would clearly show that there
is prima facie material against the petitioner for the
offence punishable under Section 103 of BNS along with
other offences.
10. One of the contentions of the petitioner is that
the petitioner is aged about 79 years. Except that there
is no any special ground made out by the petitioner to
show that he is entitled to benefit of anticipatory bail. As
mentioned hereinabove, there is no any special ground
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HC-KAR
NC: 2026:KHC-K:11237
CRL.P No. 201244 of 2026
CNR: KAHC030098862026
made out by the petitioner to allow the petition.
Therefore, the petitioner is not entitled to the benefit of
anticipatory bail and consequently, this petition is liable
to be dismissed.
11. In the result, I proceed to pass the following:
ORDER
The petition is hereby dismissed.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 8