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2026 DAILYLAW 31325 (KAR)

KADURAPPA v. THE STATE OF KARNATAKA

CRL.P/9614/2026 · 2026-07-27

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9594 OF 2026 C/W CRIMINAL PETITION NO. 9614 OF 2026 IN CRL.P No. 9594/2026: BETWEEN: CHANDRASHEKAR K S/O KADARAPPA AGED ABOUT 27 YEARS R/AT KANTHANAHALLI VILLAGE I.D. HALLI HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT. …PETITIONER (BY SRI A.N. RADHA KRISHNA, ADV.) AND: THE STATE OF KARNATAKA BY MEDIGESI POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL, IN CR.NO.65/2026 OF MEDIGESHI POLICE, FOR OFFENCES P/U/S 109, 11592), 11891), 351(2), BNS 2023, NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, MADHUGIRI. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 IN CRL.P NO. 9614/2026: BETWEEN: 1. KADURAPPA S/O LATE SANJEEVAPPA AGED ABOUT 55 YEARS. 2. NARASIMHA MURTHY S/O KADURAPPA AGED ABOUT 25 YEARS. 3. NAGAMMA W/O KADURAPPA AED ABOUT 50 YEARS. 4. PADMAVATHI W/O CHANDRASHEKARA AGED ABOUT 25 YEARS. ALL ARE RESIDENT OF KAMTHANAHALLI VILLAGE I.D. HALLI HOBLI, MADHUGIRI TALUK. 5. ANITHA D/O NARASIMHAPPA W/O NARASIMHA MURTHY AGED ABOUT 19 YEARS RESIDENT OF SHRAVANDANAHALLI VILLAGE, KODIGENAHALLI HOBLI MADHUGIRI TALUK NOW RESIDENT OF KAMTHANAHALLI VILLAGE I.D. HALLI HOBLI MADHUGIRI TALUK. ...PETITIONERS (BY SRI A.N. RADHA KRISHNA, ADV.) AND: THE STATE OF KARNATAKA BY MEDIGESI POLICE REPRESENTED BY THE STATE PUBLIC - 3 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001. ...RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN CR NO.65/2026 OF MEDIGESI POLICE FOR OFFENCES P/U/S 109, 115(2), 118(1), 351(2), 352, 190, OF BNS 2023 NOW PENDING ON THE FILE OF THE LD PRL.CIVIL JUDGE AND JMFC MADHUGIRI IN THE EVENT OF THEIR ARREST. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 to 6 are before this Court in these two petitions filed under Sections 483 & 482 of BNSS, 2023, seeking regular bail and anticipatory bail, respectively, in Crime No.65/2026 registered by Medigeshi Police Station, Tumakuru District, for the offences punishable under Sections 109, 115(2), 351(2), 118(1), 352, 190 of BNS, 2023. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.65/2026 was registered by Medigeshi Police Station, Tumakuru District, for the aforesaid offences against Kadarappa and others based on the first information - 4 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 dated 01.06.2026 received from Manjunatha.K.S., who is one of the injured victims in the present case. During the course of investigation, accused no.3 was arrested on 02.06.2026 and his bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.5202/2026 was rejected on 11.06.2026. Therefore, he is before this Court in Crl.P.No.9594/2026. Apprehending arrest in the case, accused nos.1, 2, & 4 to 6 had filed Crl. Misc. No.5201/2026 before the jurisdictional Sessions Court, which was rejected on 11.06.2026. Therefore, they are before this Court in Crl.P.No.9614/2026. 4. Perusal of the material on record would go to show that the parties are relatives and there is a civil dispute between them with regard to partitioning of the properties. In the alleged incident that had taken place on 31.05.2026, the first informant and two others have suffered injuries. First informant - Manjunath and Ravi have suffered only simple injuries and Raghu has suffered one grievous injury on his neck. The allegation of assaulting Raghu on his neck with an axe is found as against accused no.2 - Narasimhamurthy. Under the circumstances, I am of the opinion that the prayer made by - 5 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 accused no.2 for grant of anticipatory bail cannot be entertained. At this stage, learned Counsel for the petitioners submits that Crl.P.No.9614/2026 may be dismissed as not pressed as against accused no.2 with liberty to the said accused to surrender before the jurisdictional Court and file necessary application seeking regular bail. The said submission is placed on record. 5. Considering the allegations as against other accused persons who do not have any criminal antecedents, I am of the opinion that their prayer for grant of regular bail and anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. Crl.P.No.9594/2026 is allowed. The petitioner/accused no.3 is directed to be enlarged on bail in Crime No.65/2026 registered by Medigeshi Police Station, Tumakuru District, for the offences punishable under Sections 109, 115(2), 351(2), 118(1), 352, 190 of BNS, 2023, subject to the following conditions: a) Petitioner/accused no.3 shall execute personal bond for a sum of Rs.1,00,000/- with two - 6 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner/accused no.3 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner/accused no.3 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner/accused no.3 shall not involve in similar offences in future; e) The petitioner/accused no.3 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. 7. Crl.P.No.9614/2026 is allowed in part. The petition as against petitioner no.2/accused no.2 is dismissed as not pressed with liberty to surrender before the jurisdictional Court. In the event accused no.2 surrenders before the jurisdictional Court and files necessary application seeking regular bail, such application shall be considered by the concerned court on merits, as expeditiously as possible. - 7 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 8. Crl.P.No.9614/2026 as against petitioner nos.1, 3, 4 & 5/accused nos.1, 4, 5 & 6 is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release petitioner nos.1, 3, 4 & 5/accused nos.1, 4, 5 & 6 in the event of their arrest in Crime No.65/2026 registered by Medigeshi Police Station, Tumakuru District, for the offences punishable under Sections 109, 115(2), 351(2), 118(1), 352, 190 of BNS, 2023, subject to the following conditions: 1. Petitioner nos.1, 3, 4 & 5/accused nos.1, 4, 5 & 6 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner nos.1, 3, 4 & 5/accused nos.1, 4, 5 & 6 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner nos.1, 3, 4 & 5/accused nos.1, 4, 5 & 6 shall not tamper with the prosecution witness and they shall co-operate with the police for - 8 - HC-KAR CNR: KAHC010449182026 NC: 2026:KHC:38975 CRL.P No. 9594 of 2026 C/W CRL.P No. 9614 of 2026 investigation and appear before them whenever called upon. 4. Petitioner nos.1, 3, 4 & 5/accused nos.1, 4, 5 & 6 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK