VISHWANATH vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC-K:10568
CRL.P No. 201111 of 2026


CNR: KAHC030087222026




IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH


TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

CRIMINAL PETITION NO.201111 OF 2026

(439(Cr.PC)/483(BNSS))

BETWEEN:

VISHWANATH S/O DODDAPPA WALIKAR,
AGE: 27 YEARS, OCC: COOLIE,
R/O MORATAGI, TQ. ALMEL,
DIST. VIJAYAPUR-586 202.
…PETITIONER
(BY SRI. CHAITANYAKUMAR C.M., ADVOCATE)




AND:


THE STATE OF KARNATAKA THROUGH,
ALMEL P.S., SINDAGI, REPRESENTED BY
ADDL. SPP, HIGH COURT BUILDING,
KALABURAGI-585 107.
…RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)


Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA

THIS CRIMINAL PETITION IS FILED UNDE SECTION 483
BNSS 2023, PRAYING TO, ALLOW THE ABOVE CRIMINAL
PETITION AND ORDER TO RELEASE THE PETITIONER ON BAIL
IN CRIME NO.120/2025 REGISTERED BY THE ALMEL P.S.
DIST. VIJAYAPUR, FOR THE OFFENCES PUNISHABLE
U/SEC.49, 62, 103(1), 238, R/W SEC.190 OF BNS-2023,
PENDING ON PRL. DIST. AND SESSIONS JUDGE, VIJAYAPUR 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

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ORAL ORDER
Heard the learned counsel for the petitioner and
also learned High Court Government Pleader (for short
‘HCGP’) for the respondent on the petition. Perused the
relevant materials on record.

2. This petition is filed by the petitioner/
accused No.2 under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS’) praying for
an order to enlarge him on bail in the case in
SC No.3/2026 arising out of Crime No.120/2025 of the
respondent Police for the offences punishable under
Sections 49, 62, 103(1) and 238 read with Section 190
of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’)
pending before the learned Principal District and
Sessions Judge, Vijayapur (‘the learned Sessions
Judge’).

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3. The learned HCGP for the respondent has
orally objected to the petition submitting that there is
prima facie case against the petitioner for the alleged
offences. The offence charge sheeted is punishable
under Section 103(1) of BNS along with other offences.
The said offence is heinous offence. There is specific
overt act alleged against the petitioner/ accused No.2
that he stabbed the deceased with knife and caused his
death. Therefore, any of the grounds urged by the
petitioner cannot be considered for granting bail. Mere
fact that the investigation is completed and the charge
sheet is filed cannot be ground to release the petitioner
on bail considering the gravity of the offences alleged
against him. Therefore, learned HCGP has sought for
dismissal of the petition.

4. The case alleged against the petitioner and
other accused persons is that the accused No.3 to 5
caught hold of the deceased and the petitioner/ accused

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No.2 stabbed the deceased with knife on the back side

of the neck and on head and caused his death.

5. The submission of learned counsel for the
petitioner is that the petitioner is innocent of the
offences alleged against him and he has not committed
any such offence. However, as submitted by the learned
HCGP, the investigation is already completed and the
charge sheet is filed against the petitioner/ accused
No.2 and other accused persons. Hence, the contention
of the petitioner that he is innocent of the offences
alleged against him does not merit consideration at this
stage.

6. Moreover, as submitted by the learned HCGP,
the accused No.1 is wife of the deceased and the
petitioner herein is having illicit relationship with
accused No.1. The prosecution papers on record would
clearly show that there was motive on the part of the
petitioner in causing death of the deceased. There is

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specific overt act of the petitioner in the alleged incident.
The relevant portion in the Cl.No.17 of the charge sheet
reads thus:
“xxxxx
DUÀ DgÉÆæ C.£ÀA 02 jAzÀ 4 ªÀÄvÀÄÛ CdgÀÄ¢ÝãÀ
PÀÆrPÉÆAqÀÄ ªÀÄvÉÛ ±ÉÀgÀÉ PÀÄrAiÀÄÄvÁÛ PÀĽwÛzÁÝUÀ CdgÀÄ¢ÝãÀ£ÉÆA¢UÀÉ
ªÀÄvÉÛ dUÀ¼Á ¸ÀÄgÀÄ DVzÀÄÝ DUÀ DgÉÆæ C.£ÀA.02, £ÉÃzÀªÀ£ÀÄ F
ªÀÄUÀ¤UÀÉ R¯Á¸À ªÀiÁqÉà ©qÁ£ÀÄ, CAvÁ CAzÀÄ DgÉÆæ C.£ÀA.03, 04
£ÉÃzÀªÀjUÀÉ ¤«§âgÀÄ F ªÀÄUÀ «Ä¸ÀPÀ¯ÁgÀzÀAUÀ PÉÊ »rj CAvÁ CAzÁUÀ
DgÉÆæ C.£ÀA.03, 04, £ÉÃzÀªÀgÀÄ CdgÀÄ¢ÝãÀ£À PÉÊ »r¢zÀÄÝ DUÀ
DgÉÆæ 02 £ÉÃzÀªÀ£ÀÄ DgÉÆæ £ÀA.05 £ÉÃzÀªÀ¤UÀÉ PÁj£À ¹Ãn£À°ènÖzÀÝ
ZÁPÀÄ vÀAzÀÄ PÉÆqÀ®Ä ºÉýzÁUÀ, DgÉÆæ £ÀA.05 £ÉÃzÀªÀ£ÀÄ ZÁPÀÄ
vÀAzÀÄ PÉÆnÖzÀÄÝ DgÉÆæ 02 £ÉÃzÀªÀ£ÀÄ ZÁPÀÄ¢AzÀ CdgÀÄ¢ÝãÀ£À
PÀÄwÛUÀÉAiÀÄ »A¨sÁUÀzÀ°è ªÀÄvÀÄÛ vÀ¯ÉAiÀÄ°è 5-6 ¸À¯Á eÉÆÃgÁV ºÉÆqÉzÀÄ
¨ÁjgÀPÀÛ, UÁAiÀÄ-¥ÀÉlÄÖ ¥Àr¹ PÉÆ¯É ªÀiÁrzÀÄÝ, £ÀAvÀgÀ ±ÀªÀªÀ£ÀÄß
¸ÀܼÀzÀ°èAiÉÄà ©lÄÖ vÁªÀÅ vÀA¢zÀÝ PÁj£À°è PÀĽvÀÄPÉÆAqÀÄ ªÀÄgÀ½
ªÉÆÃgÀlVUÀÉ §gÀĪÁUÀ ªÉÆÃgÀlVAiÀÄ ¸À«ÄÃ¥À ªÉÆÃgÀlV-§UÀ®ÆgÀ gÀ¸ÀÛÉUÀÉ
CqÀدÁV ºÁzÀÄ ºÉÆÃVgÀĪÀ AiÀÄÄ.PÉ.¦ r¹Öæ§Æålgï PÉ£Á¯ï ºÀwÛgÀ PÁgÀ
¤°è¹ DgÉÆævÀgÀÄ PÁ®ÄªÉUÀÉ EgÀĪÀ ªÉÄnÖ®ÄUÀ¼À ªÉÄÃ¯É ¤AvÀÄPÉÆAqÀÄ
PÁ®ÄªÉ ¤ÃgÀ°è PÉÊPÁ®Ä ªÀÄÄR §mÉÖ vÉƼÀÉzÀÄPÉÆArzÀÄÝ C®èzÉ DgÉÆæ
C.£ÀA.05 £ÉÃzÀªÀ£ÀÄ vÀ£Àß PÁj£À qÉÆjUÀÉ ºÀwÛzÀÝ gÀPÀÛzÀ PÀ¯ÉUÀ¼À£ÀÄß vÉƼÀÉzÀÄ
¸ÁQë ¥ÀÅgÁªÉ £Á±À ¥Àr¹zÀ C¥ÀgÁzsÀ.”

Hence, as pointed out by the learned HCGP, the
prosecution papers on record contain specific averments
regarding the overt act of the petitioner in the alleged
incident.

7. The petitioner has filed petition earlier before
this Court in Criminal Petition No.200291/2026 and the

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NC: 2026:KHC-K:10568
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said petition was got dismissed by filing memo
submitting that the petition might be dismissed as
withdrawn with liberty to file fresh application. Hence,
as per the order dated 12.06.2026, this Court has
dismissed the said petition as withdrawn in view of the
said memo, with liberty to file fresh petition before the
Sessions Court, if he intends. Thereafter, the petitioner
filed the petition before the learned Sessions Judge for
regular bail and the learned Sessions Judge as per the
order dated 17.07.2026 rejected the bail application
filed by the petitioner, wherein it is clearly observed that
the benefit of bail was extended to the accused No.1
primarily she being woman, coupled with absence of
any material collected during the investigation to
indicate that the accused No.1 was in contact or
communication with the accused No.2 at the relevant
time and there was no role played by her in execution of
the alleged offences.

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8. Further, the materials collected by the
Investigation Officer in the charge sheet would clearly go
to show the direct involvement of the petitioner in the
alleged incident. The motive for the alleged incident is
that accused No.1 is having illicit relationship with the
petitioner and it is the reason for causing death of the
deceased. If the petitioner is released on bail at this
stage, there is chance of him tampering with
prosecution witnesses and hampering trial of the case.
Moreover, the offence alleged against the petitioner is
punishable under Section 103(1) of BNS, which is
heinous offence punishable with death or imprisonment

for life.

9. There is no any special ground made out by
the petitioner to grant bail in his favour. Moreover, as
discussed hereinabove, the materials on record would
show that there is overt act of the petitioner in causing
death of the deceased. At this stage, there is no reason

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to disbelieve the prosecution papers on record that there
is no prima facie case against the petitioner for the
alleged offence.

10. The fact that the investigation is completed
and the charge sheet is filed against the petitioner
cannot be ground to grant bail to the petitioner.
Further, the fact that the accused No.1 and 3 to 5 are
granted bail cannot be reason to grant bail to the
petitioner on the ground of parity, as the allegations
made against the petitioner herein are not in par with
the allegations made against the other accused persons.
The allegations against the petitioner are on different
footing. Hence, there is absolutely no ground made out
by the petitioner to grant bail in his favour at this stage.
Consequently, this petition is liable to be dismissed.

11. In the result, I proceed to pass the following:
ORDER

(a) The Criminal Petition is dismissed.

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NC: 2026:KHC-K:10568
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(b) However, the petitioner is at liberty to
move the trial Court for bail after
examination of the material witnesses, if
so advised.

Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE

RSP
List No.: 1 Sl No.: 22
CT: SB