ASHOK S/O IRAPPA KURAGINAKOPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16810
CRL.P No. 102201 of 2026
CNR: KAHC020153282026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102201 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
ASHOK S/O. IRAPPA KURAGINAKOPPA
AGE: 21 YEARS, OCC: SHEPHERD,
R/O. CHIKKAMOOLANGI,
TQ: RAMADURGA,
DIST: BELAGAVI- 591123.
… PETITIONER
(BY SRI. K.L. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH NARAGUND P.S.- 582207.
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
AT DHARWAD BENCH,
DHARWAD- 580011.
… RESPONDENT
(BY SRI. DAYANAND SANGRESHI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS
(U/SEC. 439 OF CR.P.C.), PRAYING TO GRANT REGULAR BAIL AND
ENLARGE THE PETITIONER/ACCUSED IN S.C. NO. 45/2026
(NARAGUND P.S. CRIME NO. 51/2026) PENDING ON THE FILE OF
PRL. DISTRICT AND SESSIONS COURT, GADAG REGISTERED FOR
THE OFFENCE PUNISHABLE UNDER SECTION 103(1), 238 OF BNS.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:16810
CRL.P No. 102201 of 2026
CNR: KAHC020153282026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
PER: HON'BLE MR. JUSTICE VENKATESH NAIK T
This petition is filed by petitioner/accused under Section
439 of the Code of Criminal Procedure, 1973 (“Crl.P.C.” for
short) (Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (“BNSS” for short) seeking to grant regular bail in
S.C.No.45/2026, pending on the file of learned Principal District
and Sessions Court, Gadag, arising out of Crime No.51/2026 of
Naragund Police Station, registered for the offences punishable
under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita,
2023 (“BNS” for short).
2. Brief facts of the case of the prosecution are as
under:
de facto
As per the case of the prosecution, the
complainant-Irappa Fakkirappa Kuravinakoppa has two
children, namely, Ashok (Accused) and Fakkirappa (deceased).
The accused Ashok and the deceased Fakkirappa were grazing
their sheep for many years. The petitioner-accused developed
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HC-KAR
NC: 2026:KHC-D:16810
CRL.P No. 102201 of 2026
CNR: KAHC020153282026
ill-will against his brother Fakkirappa on the pretext that he
would perform marriage with his sister’s daughter and if
Fakkirappa was eliminated, then the petitioner-accused could
perform marriage with his sister’s daughter. Hence, on
16.03.2026 at about 10:30 p.m., when the deceased was
sleeping in his land, the accused dropped a big stone on his
head and hence, he died on the spot. Thereafter, the accused
de facto
informed the said aspect to the complainant i.e., his
father, who came to the spot, saw the dead body and lodged
the complaint. During the course of investigation, the petitioner
was arrested and in turn, remanded to judicial custody.
3. Learned counsel for the petitioner vehemently
contended that the petitioner is innocent and has been falsely
implicated in the case. It is contended that there are no
eyewitnesses to the alleged incident, and nothing has been
recovered from him. It is contended that the petitioner and the
de facto
deceased are real brothers, and the complainant is
their father. It is contended that the petitioner has been falsely
implicated based on the alleged confession statement made
before the Investigating Officer. Now, the investigation is
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HC-KAR
NC: 2026:KHC-D:16810
CRL.P No. 102201 of 2026
CNR: KAHC020153282026
completed and the Investigating Officer has filed the charge-
sheet. It is contended that the petitioner is ready and willing to
abide by the conditions to be imposed by this Court. On these
grounds, learned counsel for the petitioner prayed to allow the
petition.
Per contra
4. , learned HCGP appearing for the
respondent-State vehemently contended that the petitioner is
involved in the offence punishable under Section 103(2) of the
BNS, 2023, and there are serious allegations against him. It is
contended that if the petitioner is released on bail, he may
tamper with the prosecution witnesses and hamper the trial. It
is contended that considering nature and gravity of the offence,
the petitioner is not entitled to be enlarged on bail. Hence,
learned HCPG prayed to reject the petition.
5. On perusal of the material available on record, it
appears that the incident occurred during the intervening night
of 16.03.2026 and 17.03.2026 and the complaint was lodged
on 17.03.2026 at 6:00 a.m. The motive behind the alleged
murder is stated to be the proposed marriage of the deceased
Fakkirappa with his sister’s daughter and if the Fakkirappa
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HC-KAR
NC: 2026:KHC-D:16810
CRL.P No. 102201 of 2026
CNR: KAHC020153282026
would be eliminated, then the petitioner/accused-Ashok has an
intention to marry his sister’s daughter. Accordingly, the
petitioner-accused has dropped a big stone on the head of the
deceased Fakkirappa.
6. At this stage, the prosecution has not been able to
place any material to connect the petitioner with the crime
except voluntary statement of the petitioner-accused.
Admittedly, no recovery has been done at the instance of the
petitioner-accused and no last seen theory is established
against the petitioner. Though the stone was recovered at the
instance of the petitioner-accused, it was found at the spot
itself, within a distance of about 20 feet from the dead body.
Admittedly, the investigation is completed and the charge-
sheet has been filed.
7. Having regard to the facts and circumstances of the
case, the nature and gravity of the offence alleged, and the fact
that the petitioner is a permanent resident of the address
mentioned in the cause title of the petition, his presence can be
secured during the trial. Hence, this Court is of the view that
the petitioner is entitled to be enlarged on bail. Under these
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HC-KAR
NC: 2026:KHC-D:16810
CRL.P No. 102201 of 2026
CNR: KAHC020153282026
circumstances, the petitioner may be enlarged on bail with
stringent conditions. Accordingly, the following:
ORDER
allowed
The criminal petition is .
The petitioner-accused is ordered to be enlarged on bail
in S.C.No.45/2026, pending on the file of learned Principal
District and Sessions Court, Gadag arising out of Naragund
Police Station Crime No.51/2026, on executing personal bond
in a sum of Rs.2,00,000/- with two sureties for the like sum to
the satisfaction of learned Sessions Judge, subject to the
following conditions:
(i) The petitioner shall not threaten or tamper
the prosecution witnesses either directly or
indirectly.
(ii) The petitioner shall attend the trial Court
regularly as and when required.
(iii) The petitioner shall not involve in the similar
or any other offences.
Violation of any one of the conditions, would entitle the
prosecution to seek for cancellation of the bail.
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HC-KAR
NC: 2026:KHC-D:16810
CRL.P No. 102201 of 2026
CNR: KAHC020153282026
NOTE:- The observations made in the petition is only for
disposal of the petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT:GSM
List No.: 1 Sl No.: 35