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2025 DAILYLAW 53670 (KAR)

BHARMAPPA S/O. YADAPPA GUDASHI v. THE STATE OF KARNATAKA

CRL.P/101737/2025 · 2025-05-08

G Basavaraja

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7178 CRL.P No. 101737 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.101737 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: BHARMAPPA S/O. YADAPPA GUDASHI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: KURANI, TQ: HUKKERI, DIST: BELAGAVI. …PETITIONER (BY SRI. M.J.PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE SUB-INSPECTOR, YAMKANMARDI POLICE STATION, DIST: BELAGAVI, R/BY S.P.P. KARNATAKA, HIGH COURT BENCH DHARWAD. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 SEEKING THAT THE PETITIONER/ACCUSED MAY BE ORDERED TO BE ENLARGED ON REGULAR BAIL, IN YAKKANMARDI P.S. CR.NO. 227/2024 SESSIONS CASE NO.27/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 85 AND 108 OF THE BNS 2023 PENDING BEFORE THE V ADDL. DISTRICT AND SESSIONS COURT BELAGAVI IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7178 CRL.P No. 101737 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed by the petitioner/accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 439 of the Code of Criminal Procedure, seeking regular bail in Crime No.227/2024 of Yamakanmardi Police Station, pending on the file of V Additional District and Sessions Judge, Belagavi, as accused is in judicial custody from 23.12.2024. 2. Sri Ramesh Chigari, learned Additional Government Advocate, has orally opposed the bail application. 3. Heard the arguments of learned counsel appearing for the petitioner/accused and learned AGA appearing for the respondent/State. Perused the records. 4. On the basis of complaint filed by Suresh Basavanni Bagewadi, Yamakanmardi Police have registered a case in Crime No.227/2024 against accused - 3 - NC: 2025:KHC-D:7178 CRL.P No. 101737 of 2025 for the offence punishable under Sections 85 and 108 of the Bharatiya Nyaya Sanhita, 2023. After completion of investigation, the Investigating Officer has submitted charge-sheet against the accused for the aforesaid offences. The accused is in judicial custody from the date of his arrest i.e., on 23.12.2025. The investigation is complete. Now the accused is not required for further investigation. The alleged commission of offence is not punishable with death or imprisonment for life. 5. Considering the nature, gravity of the offences, previous antecedents of the accused and also the grounds urged in the memorandum of petition, I am of the opinion that it is just and proper to allow the petition with conditions. 6. Accordingly, I proceed to pass the following: ORDER Criminal Petition is allowed. The petitioner/accused shall be released on bail in Crime No.227/2024 of - 4 - NC: 2025:KHC-D:7178 CRL.P No. 101737 of 2025 Yamakanmardi Police Station, pending on the file of learned V Addl. District and Sessions Belagavi, subject to the following conditions: i) The petitioner/accused shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) for the like sum with one surety to the satisfaction of the trial Court; ii) The petitioner/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the court or to any police officer; iii) The petitioner/accused shall not tamper the prosecution witnesses in any manner. Sd/- (G BASAVARAJA) JUDGE AM CT-ASC List No.: 2 Sl No.: 1