Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010555092026 NC: 2026:KHC:43426 CRL.P No. 12163 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12163 OF 2026 BETWEEN:
1.
SRI HANUMANTHA NAIK S/O. CHANDRA NAIK AGED 52 YEARS.
2.
SMT. SUMITHRA BAI W/O. HANUMANTHA NAIK AGE 48 YEARS.
3.
MADHU HANUMANTHA NAIK S/O. HANUMANTHA NAIK AGE 24 YEARS.
ALL PETITIONERS ARE R/O HEBBALU BADAVANE VILLAGE, DAVANAGERE TQ AND DISTRICT - 577 556. …PETITIONERS (BY SRI RAMESH YANKOB, ADV.) AND:
THE STATE OF KARNATAKA BY DAVANAGERE RURAL P.S.
TQ AND DISTRICT - 577556 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 TO 3 ON BAIL IN CRIME NO.276/2026 HAS BEEN REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/US/ 108,190,351(2),352
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010555092026 NC: 2026:KHC:43426 CRL.P No. 12163 of 2026
OF BNS 2023 REGISTERED BY DAVANAGERE RURAL POLICE STATION, DAVANAGERE, THE SAME IS PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM DAVANAGERE TO RELEASE THEM.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.1 to 3 in Crime No.276 of 2026 registered by Davanagere Rural Police Station, Davanagere District for offences punishable under Sections 108, 190, 351(2) & 352 of BNS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the petitioners and learned HCGP on behalf of respondent - State.
3. FIR in Crime No.276 of 2026 was registered by Davanagere Rural Police Station, Davanagere District against the petitioners and others, based on the first information dated 12.07.2026, received from Sri Nagesh Naik, son of deceased Smt. Sona Bayl. During the course of investigation of the said case, petitioners herein were arrested on 12.07.2026 and
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HC-KAR
CNR: KAHC010555092026 NC: 2026:KHC:43426 CRL.P No. 12163 of 2026
remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.620 of 2026 was rejected on 30.07.2026. Therefore, they are before this Court.
4. Accused persons and the first informant are close relatives. The deceased is the mother of the first informant. It appears that, there is a dispute between the two families with regard to partition of the joint family property. The suit in O.S.No.67/2025 is already pending before the jurisdictional Sessions Court. On the alleged date of incident, the deceased had approached the accused persons demanding partition of the properties and she had threatened them that if the properties are not partitioned, she would consume poison and commit suicide.
5. Allegation against the accused persons is that they refused to partition the properties and asked the deceased to commit suicide. Subsequently, deceased had consumed poison and though she was shifted to hospital, she had died while undergoing treatment. Petitioners, who are agriculturalists are in custody from 12.07.2026. Considering the nature of
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HC-KAR
CNR: KAHC010555092026 NC: 2026:KHC:43426 CRL.P No. 12163 of 2026
allegations found as against the petitioners, I am of the opinion that, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following:
ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.276 of 2026 registered by Davanagere Rural Police Station, Davanagere District for offences punishable under Sections 108, 190, 351(2) & 352 of BNS, 2023, subject to the following conditions:
1. The petitioners shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court.
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HC-KAR
CNR: KAHC010555092026 NC: 2026:KHC:43426 CRL.P No. 12163 of 2026
2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon.
4. The petitioners shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 18