Karnataka High Court
Shri. Bheemappa S/O Hanumanthappa ... vs State Of Karnataka on 8 April, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:5249
CRL.P No. 100404 of 2026
C/W CRL.P No. 100403 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100404 OF 2026
(438 OF Cr.PC/482 OF BNSS)
C/W. CRIMINAL PETITION NO.100403 OF 2026
(438 OF Cr.PC/482 OF BNSS)
IN CRL.P. NO.100404 OF 2026
BETWEEN:
SHRI BHEEMAPPA S/O. HANUMANTHAPPA MANEGAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. MASANKATTI, TQ. HANAGAL,
DIST. HAVERI-581104.
...PETITIONER
(BY SRI VIDYASHANKAR DALWAI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-580011,
Digitally signed by
THROUGH ADUR POLICE STATION,
MALLIKARJUN
RUDRAYYA ADUR CIRCLE, HAVERI-581104.
KALMATH
Location: High
Court of Karnataka,
Dharwad Bench 2. SHRIKANTHAGOUDA S/O. MALLANAGOUDA PATIL,
AGE: 28 YEARS, OCC: FACTORY WORKER,
R/O. MASANKATTI, TQ. HANAGAL,
DIST. HAVERI-581104.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S.482 OF
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO
ALLOW THE PETITION FILED UNDER SECTION 482 OF B.N.S.S.
AND GRANT ANTICIPATORY BAIL TO THE PETITIONER (ACCUSED
NO.1) IN CRIME NO.19/2026 OF ADUR PS PENDING ON THE FILE
OF PRINCIPAL CIVIL JUDGE AND JMFC COURT HANAGAL FOR
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NC: 2026:KHC-D:5249
CRL.P No. 100404 of 2026
C/W CRL.P No. 100403 of 2026
HC-KAR
OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1),
118(2), 109, 351(2), 352, 3(5) OF BNS, 2023 AND ETC.
IN CRL.P. NO.100403 OF 2026
BETWEEN:
1. RAMESH S/O. BHEEMAPPA MANEGAR,
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O. MASANKATTI, TQ. HANAGAL,
DIST.HAVERI-581104.
2. RAVI S/O. BHEEMAPPA MANEGAR,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O. MASANKATTI, TQ. HANAGAL,
DIST. HAVERI-581104.
...PETITIONERS
(BY SRI VIDYASHANKAR DALWAI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-580011,
THROUGH ADUR POLICE STATION,
ADUR CIRCLE, HAVERI-581104.
2. SHRIKANTHAGOUDA S/O. MALLANAGOUDA PATIL,
AGE: 28 YEARS, OCC: FACTORY WORKER,
R/O. MASANKATTI, TQ. HANAGAL,
DIST. HAVERI-581104.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S.483 OF
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO
ALLOW THE PETITION FILED UNDER SECTION 483 OF B.N.S.S.
AND ENLARGE THE PETITIONERS (ACCUSED NO.2 AND 3) ON
REGULAR BAIL IN CRIME NO.19/2026 OF ADUR PS ON THE FILE
OF PRINCIPAL CIVIL JUDGE AND JMFC COURT HANAGAL FOR
OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1),
118(2), 109, 351(2), 352, 3(5) OF BNS, 2023 AND ETC.
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NC: 2026:KHC-D:5249
CRL.P No. 100404 of 2026
C/W CRL.P No. 100403 of 2026
HC-KAR
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Crl.P.No.100404/2026 is filed by the accused No.1 under Section 438 of Cr.P.C. (Section 482 of B.N.S.S) seeking anticipatory bail with the following prayer:
"WHEREFORE, the Petitioner/Accused No.1 respectfully prays that this Hon'ble court be pleased to allow the petition filed under section 482 of B.N.S.S. and grant Anticipatory Bail to the Petitioner (Accused No.1) in Crime No.19/2026 of Adur PS pending on the file of Prl. Civil Judge and JMFC Court Hanagal for offences punishable Under Section 115(2), 118(1), 118(2), 109, 351(2), 352, 3(5) of BNS, 2023 with such conditions which this Hon'ble High Court deems fit to be imposed in the circumstances of the case, in the interest of justice."
2. Crl.P.No.100403/2026 is filed by the accused Nos.2 and 3 under Section 438 of Cr.P.C. (Section 483 of B.N.S.S.) seeking to enlarge him on bail with the following prayer:
"WHEREFORE, the Petitioners/Accused Nos.2 and 3 respectfully prays that this Hon'ble court be pleased to allow the petition filed under section 483 of B.N.S.S. and enlarge the Petitioners (Accused No.2 & 3) on regular bail in Crime No.19/2026 of Adur PS on the file of Prl. Civil Judge and JMFC Court Hanagal for offences punishable Under Section 115(2), 118(1), 118(2), 109, 351(2), 352, 3(5) of BNS, 2023 with such conditions which this Hon'ble -4- NC: 2026:KHC-D:5249 CRL.P No. 100404 of 2026 C/W CRL.P No. 100403 of 2026 HC-KAR High Court deems fit to be imposed in the circumstances of the case, in the interest of justice."
3. It is the brief case of the prosecution as per the complaint, FIR and other materials that when the complainant was crossing the land at that time, the petitioners/accused have objected and in that moment, the complainant stated that his land is upto the boundary, but that portion of the land is adjascent to the land belonging to the petitioners. Therefore, altercation took place and alleging that the petitioners/accused have assaulted the complainant, lodged a complaint resulting into registration of crime for the offences as above stated.
4. Heard Sri. Vidyashankar Dalwai, learned counsel appearing for the petitioners/accused and Sri.Abishek Malipatil, learned HCGP appearing for the respondent No.1/State.
5. The learned counsel for the petitioners submitted that the accused No.1/petitioner - Bheemappa is 78 years -5- NC: 2026:KHC-D:5249 CRL.P No. 100404 of 2026 C/W CRL.P No. 100403 of 2026 HC-KAR old and suffering from paralysis and he is not able to move out of the house and has not committed the offence alleged. Therefore, prays to grant anticipatory bail.
6. Further argued that so far as the petitioners/accused Nos.2 and 3 is concerned, they are in custody since 08.02.2026. It is submitted that the incident has not happened and false complaint is filed. Therefore, prays to release the petitioners on bail.
7. Learned HCGP appearing for the respondent No.1/State has opposed to grant bail to the petitioners/accused Nos.1 to 3.
8. The learned counsel for the petitioners has filed disability certificate issued by the Competent Authority, which shows that petitioner/accused No.1 - Bheemappa is having physical disability of 75% and he is having a locomotor disability. Therefore, considering this fact the -6- NC: 2026:KHC-D:5249 CRL.P No. 100404 of 2026 C/W CRL.P No. 100403 of 2026 HC-KAR Court is of the opinion to grant anticipatory bail to the petitioner/accused No.1-Bheemappa with the conditions.
9. So far as considering the petitioners/accused Nos.2 and 3, they are in custody since 08.02.2026 and the alleged are in regard to quarrel between the complainant and the accused. The offences alleged are neither punishable with death nor imprisonment for life. Therefore, without expressing any opinion involved in the case the Court is of the opinion to enlarge the petitioners/accused Nos.2 and 3 on bail.
9. Hence, I proceed to pass the following:
ORDER
1) The Crl.P.No.100404/2026 and Crl.P.No.100403/2026 are allowed.
2) The petitioner/accused No.1 (in Crl.P.No.100404/2026) is ordered to be enlarged on bail in the event of his arrest in Crime No.19/2026 of Adur Police Station, Hanagal -7- NC: 2026:KHC-D:5249 CRL.P No. 100404 of 2026 C/W CRL.P No. 100403 of 2026 HC-KAR pending on the file of Prl. Civil Judge and JMFC Court, Hanagal, registered for the offence punishable under Sections 115(2), 118(1), 118(2), 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions.
a. The petitioner/accused No.1 shall appear before the trial Court and shall seek for regular bail within ten days from the date of receipt of a copy of this order.
b. The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- along with one surety for the like sum to the satisfaction of the Trial Court.
c. The petitioner/accused No.1 shall not indulge in the same offence or any other criminal cases, till completion of the trial. d. The petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without prior permission of the Court.
e. The petitioner/accused No.1 shall not tamper and threaten the prosecution witnesses in any manner.
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NC: 2026:KHC-D:5249 CRL.P No. 100404 of 2026 C/W CRL.P No. 100403 of 2026 HC-KAR f. The petitioner/accused No.1 shall mark his attendance before the concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m. g. The petitioner/accused No.1 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail.
3) So far as the petitioners/accused Nos.2 and 3 are concerned, they are ordered to be enlarged on bail in Crime No.19/2026 of Adur Police Station, Hanagal, pending on the file of Prl. Civil Judge and JMFC Court, Hanagal, for the offences punishable under Sections 115(2), 118(1), 118(2), 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions.
a) The petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- each along with one surety for the like sum to the satisfaction of the trial Court.
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NC: 2026:KHC-D:5249 CRL.P No. 100404 of 2026 C/W CRL.P No. 100403 of 2026 HC-KAR
b) The petitioners/accused Nos.2 and 3 shall not leave the jurisdiction of the trial Court without prior permission of the Court.
c) The petitioners/accused Nos.2 and 3 shall not tamper and threaten the prosecution witnesses in any manner.
d) The petitioners/accused Nos.2 and 3 shall mark their attendance before the concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m.
e) The petitioners/accused Nos.2 and 3 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times it entails cancellation of bail.
4) Violation of any of the conditions imposed shall entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE DR /CT-AN List No.: 2 Sl No.: 17