Karnataka High Court
Mallikarjun vs The State Of Karnataka on 7 May, 2026
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NC: 2026:KHC-K:3845
CRL.P No. 200632 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
CRIMINAL PETITION NO. 200632 OF 2026 (-)
BETWEEN:
MALLIKARJUN S/O BHIMARAYA
AGE: 35 YEARS OCCU: AGRICULTURE
R/O ARKERA VILLAGE
TQ: GURUMICHAVANABAVI VILLAGE
NOW AT KHILARAHATTI VILLAGE MUDDEVIHAL
TQ. MUDDEBIHAL DIST: VIJAYAPURA 586212
...PETITIONER
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed
THROUGH SHO SHAHAPUR POLICE STATION
by SACHIN
Location:
TQ. SHAHAPUR DIST. YADGIR
HIGH COURT
OF REPT. BY ITS ADDL. SPP
KARNATAKA
HIGH COURT BENCH, KALABURGI 585102
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS, 2023 PRAYING TO ALLOW THIS BAIL PETITION AND
THEREBY RELEASE THE PETITIONER/ACCUSED ON BAIL IN
CRIME NO.68/2026 PENDING ON THE FILE OF CIVIL JUDGE
AND JMFC (JR.DN.), SHAHAPUR FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 126 (2), 115 (2), 74, 75, 352,
351(2) OF BNS, 2023 REGISTERED BY THE RESPONDENT NO.1
SHAHAPUR POLICE STATION.
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NC: 2026:KHC-K:3845
CRL.P No. 200632 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Heard Sri. Arunkumar Amargundappa, learned counsel appearing for the petitioner and learned High Court Government Pelader for respondent-State.
2. Sri. Arunkumar Amargundappa submits that as per the allegations stated in the complaint, there was a money transaction between the complainant and the petitioner and lastly he has paid Rs.10,000/- to the accused and the same was not returned. In that regard there were some oral altercations alleged to have been taken place between them. It was further alleged in the complaint that on 12.03.2026, when the complainant and his wife Mallamma were returning to their native after completion of their work at Shahapur and while they were proceeding to the bus station by walk, the accused suddenly appeared before them and abused them in filthy language and assaulted the complainant by hand, made him to fell down on the road and thereafter kicked him and also misbehaved with the wife of the complainant and tried to -3- NC: 2026:KHC-K:3845 CRL.P No. 200632 of 2026 HC-KAR outrage her modesty, however, they were rescued by the other persons present at the scene of offence. Accordingly, the complaint was registered for the offences punishable under Sections 126(2), 115(2), 74, 75, 352, 351(2) of BNS Act, 2023.
3. He further submits that the allegations made were highly unbelievable. Admittedly, even according to the complaint there were money transactions between the complainant and the accused. Taking advantage of the said transaction, false allegations were made as an arm twisting measure to recover the alleged amount from the petitioner.
4. In the present case though the petition was filed before the concerned Sessions Court. However, as no PP attached with the Court for representing the State. The petition filed was withdrawn and the present petition is filed. Considering the fact that the petition has already been filed before the Sessions Court, but was not answered despite a month lapsed after filing the petition, on the ground that there is no regular PP or incharge PP attached with the Court on behalf of the State. In view of the constitutional mandate under Article 21 seeks indulgence of this Court to consider -4- NC: 2026:KHC-K:3845 CRL.P No. 200632 of 2026 HC-KAR petition as this Court is also exercising concurrent jurisdiction. Accordingly, he sought for release of the petitioner on bail.
5. This Court while admitting a petitioner in Crl.P.No.200570/2026 in an identical matter has observed that the concerned Court before which the bail petition was filed was not attached with any Public Prosecutor and considering the fact granted the bail, wherein the petitioner directly withdrew the petition and approached this Court.
8. In contrast, the HCGP submits that the allegations made are very heinous. There are earlier transactions which were reflected in the complaint and the petitioner not only assaulted the complainant also tried to outrage the modesty of a woman which is heinous and serious offence and sought to dismiss the petition.
9. Having heard the rival submissions, what is made out from the complaint is that as per the complaint there are alleged money transactions between the complainant and the accused, which has led to filing the present complaint against the petitioner. Considering the fact that the offences are not -5- NC: 2026:KHC-K:3845 CRL.P No. 200632 of 2026 HC-KAR punishable exclusively with death or life imprisonment, the crime was registered on 28.03.2026, the petitioner was taken into custody on 08.04.2026, and is in jail since then and as no further custodial interrogation is required, without expressing anything on the merits of the case, the petitioner is admitted to bail. Hence, I proceed to pass the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.68/2026 pending on the file of Hon'ble Civil judge & JMFC (Jr.Dn.), Shahapur for the offencdes punishable under sections .126(2), 115(2), 74, 75, 352, 351(2) of BNS, 2023 registered by the respondent No.1 Shahapur Police Station, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.50,000/- with one surety for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;-6-
NC: 2026:KHC-K:3845 CRL.P No. 200632 of 2026 HC-KAR
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(T.M.NADAF) JUDGE SMP List No.: 1 Sl No.: 17