BASAVARAJ S/O RAMAPPA KANAGOND v. STATE OF KARNATAKA
CRL.P/101683/2025 · 2025-11-28
S Rachaiah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61267 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61267 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16690 CRL.P No. 101683 of 2025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.101683 OF 2025 (439(2)(Cr.PC)/483(3)(BNSS)) BETWEEN:
BASAVARAJ S/O. RAMAPPA KANAGOND, AGE. 40 YEARS, OCC. MEDIA PERSON, R/O. ALAGUR R.C.-587301, TQ. JAMAKHANDI, DIST. BAGALKOT. …PETITIONER
(BY SRI. BASAVARAJ MATHAPATI, ADVOCATE)
AND:
1. STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH JAMAKHANDI TOWN POLICE STATION. 2. CHANDRAVVA MAYAPPA PUJERI, AGE. 45 YEARS, OCC. HOUSEHOLD WORK, R/O. HALALLI VILLAGE-591265, TQ. ATHANI, DIST. BELAGAVI. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:16690 CRL.P No. 101683 of 2025
3. SHIVANAND ANNAPPA PATIL, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. HALALLI VILLAGE, TQ. ATHANI, DIST. BELAGAVI. …RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. CHETAN T.LIMBIKAI, ADVOCATE FOR R2 AND R3)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF CR.P.C. (UNDER SECTION 483(3) OF BNSS, 2023) PRAYING TO, CANCEL THE ANTICIPATORY BAIL GRANTED TO ACCUSED NOS.4 AND 5 IN CRL.P NO.100327/2025 DATED 19.02.2025 VIDE ANNEXURE-C AND IN CR.NO.115/2024 JAMAKHANDI TOWN P.S. ON THE FILE OF THE PRL. CIVIL JUDGE (SR. DN) AND CJM COURT, JAMAKHANDI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 109, 352, 190 OF BNS 2023 AND DIRECT THE IMMEDIATE ARREST AND CUSTODIAL INTERROGATION OF THE SAID ACCUSED TO JAMAKHANDI TOWN P.S IN CR. NO.115/2024 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:16690 CRL.P No. 101683 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. This is an application for cancellation of bail filed by the complainant stating that accused Nos.4 and 5 were deliberately remaining absent before the Trial Court, would render the bail order of this Court ineffective. 2. The submission of the learned counsel for the petitioner is that, the conduct of the petitioners in the post bail period that, the petitioners were threatening the complainant would undermine the sanctity of the witnesses. 3. It is further submitted that the complainant was in the habit of exposing the corruption. However, he had been attacked by the petitioners in order to undermine the integrity of his conviction toward the society.
The complainant was attacked by the petitioners and others after lodging this complaint. A case has been registered against the petitioners for the threat given to the complainant. Hence, in order to uphold the confidence of the witness, it is appropriate to cancel the bail. Making such
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HC-KAR NC: 2025:KHC-D:16690 CRL.P No. 101683 of 2025
submissions, learned counsel for the petitioner prays to allow the petition. 4. Per contra, learned counsel for the respondent Nos.2 and 3 submitted that, the complainant is stated to be the journalist and he was trying to extort money from the respondents by making false allegations. As the petitioners were not responding the demand of the made by the complainant, a false case has been registered against the respondents. Moreover, the respondents have not violated the conditions imposed by this Court. Unless and until, conditions are violated, bail granted to the petitioners cannot be cancelled as a matter of routine. Therefore, the petition has to be dismissed. 5. Having heard the learned counsel for the respective parties and on perusal of the averments of the petition, though, it is stated that petitioners have violated the conditions imposed by this Court at the time of granting bail, no such records are produced to substantiate the said contention. Having considered the averments of the
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HC-KAR NC: 2025:KHC-D:16690 CRL.P No. 101683 of 2025
petition, I am of the considered opinion that, no grounds are made out to cancel the bail. 6. Hence, the petition stands dismissed
Sd/- (S.RACHAIAH) JUDGE
SMM/CT: UMD List No.: 1 Sl No.: 9