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2026 DAILYLAW 20133 (KAR)

SRI. YALLAPPA v. THE STATE OF KARNATAKA

CRL.P/5108/2026 · 2026-06-09

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27415 CRL.P No. 5108 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5108 OF 2026 BETWEEN: SRI YALLAPPA, S/O MUNIYAPPA LATE, AGED ABOUT 42 YEARS, R/AT HOSKOTE VILLAGE, MAGONDAI POST, BANGARPET TALUK, K.G.F. KARNATAKA (IN JUDICIAL CUSTODY SINCE 01.10.2025) …PETITIONER (BY SRI AVINASH P, ADVOCATE) AND: THE STATE OF KARNATAKA BY BUDIKOTE P.S REP BY THE STATE P.P …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER THE RELEASE OF THE PETITIONER IN S.C.NO.23/2026 FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1) OF THE BNS, 2023. THE III ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR (SITTING AT KGF), HAS REJECTED BAIL PETITION ON 18.03.2026 IN CRL.MISC.NO.192/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27415 CRL.P No. 5108 of 2026 ORAL ORDER Accused in S.C.No.23/2026 pending before the Court of III Additional District and Sessions Judge, Kolar sitting at K.G.F., arising out of Crime No.74/2025 registered by Budikote Police Station, Bengaluru City for offences punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader on behalf of respondent - State. 3. FIR in Crime No.74/2025 was registered by Budikote Police Station, for the aforesaid offence against the petitioner-accused, on the basis of first information dated 01.10.2025 received from Ramakrishnappa- the brother of deceased Mangamma. After completion of investigation, charge sheet has been filed against the petitioner for the aforesaid offence. - 3 - HC-KAR NC: 2026:KHC:27415 CRL.P No. 5108 of 2026 4. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.192/2026 was rejected on 18.03.2026. Therefore, the petitioner is before this Court. 5. The case of the prosecution is based on circumstantial evidence. In the charge sheet, it is alleged that Mangamma was married to the petitioner about 23 years prior to the date of the incident and from the wedlock, they have three children. Subsequently, the petitioner allegedly was suspecting the chastity of his wife-Mangamma and therefore he was ill-treating her. In this regard, allegedly Panchayat was also held. On 01.10.2025, petitioner allegedly had committed the murder of his wife by strangulating her neck and thereafter had voluntarily gone to the Police Station and surrendered. Subsequently, FIR was registered against the petitioner based on the first information received from the brother of the deceased. 6. Statement of Sujata-C.W.35 was recorded in the present case on 06.10.2025. She is said to be Police Constable who was on duty on the alleged date of incident in Budikote Police Station, K.G.F. She has stated that one Ramesh had - 4 - HC-KAR NC: 2026:KHC:27415 CRL.P No. 5108 of 2026 come to the Police Station and informed that he has committed murder of his wife - Mangamma and had taken Police to the spot and crime. She has also stated that she has seen the Ramesh and she will identify him. Charge sheet has now been filed alleging that the petitioner had committed murder of his wife-Mangamma and thereafter voluntarily surrendered before the Court. The petitioner is an agriculturist by occupation. He is aged about 42 years and he has no other criminal antecedents. 7. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail has to be answered in the affirmative. 8. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.23/2026 pending before the Court of III Additional District and Sessions Judge, Kolar sitting at K.G.F., arising out of Crime No.74/2025 registered by Budikote Police Station, Bengaluru City for offences punishable under Section 103(1) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:27415 CRL.P No. 5108 of 2026 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 48