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2026 DAILYLAW 39871 (KAR)

BASAVARAJ B v. THE STATE OF KARNATAKA

CRL.P/11191/2026 · 2026-09-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010512492026 NC: 2026:KHC:49588 CRL.P No. 11191 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11191 OF 2026 BETWEEN: 1. BASAVARAJ B S/O BHEEMANNA AGED ABOUT 32 YEARS RESIDING AT NEAR GOVERNMENT PRIMARY SCHOOL JARIKATTE VILLAGE DAVANAGERE - 577 002. …PETITIONER (BY SRI SUDHANVA D.S, ADV.) AND: 1. THE STATE OF KARNATAKA BY HADADI POLICE STATION REP.BY S.P.P, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.95/2026 REGISTERED BY THE RESPONDENT HADADI P.S., (MAYAKONDA CIRCLE) POLICE FOR THE OFFENCE P/US/ 133,108,49 R/W SEC.3(5) OF BNS PENDING BEFORE THE III ADDL CIVIL JUDGE AND JMFC COURT, AT DAVANAGERE. 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 CNR: KAHC010512492026 NC: 2026:KHC:49588 CRL.P No. 11191 of 2026 ORAL ORDER 1. Accused no.1 in Crime No.95 of 2026 registered by Hadadi Police Station, Davanagere District for offences punishable under Sections 133 & 108 of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.95 of 2026 was registered by Hadadi Police Station, Davanagere District for offences punishable under Sections 133, 108 & 49 R/w Section 3(5) of BNS, 2023 against petitioner herein and another, based on the first information dated 28.06.2026 received from Sri Shanthappa, father of the deceased Smt. Pooja. In the said case, petitioner was arrested on 05.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.602 of 2026 was rejected on 20.07.2026 and therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010512492026 NC: 2026:KHC:49588 CRL.P No. 11191 of 2026 4. A reading of the typed first information dated 28.06.2026 would reveal that daughter of the first informant Smt. Pooja, who is the deceased in the present case was married to one Prakash, who is the younger brother of the first informant's wife. From the said wedlock, Pooja and Prakash had two children. It appears that, Pooja had illicit relationship with the petitioner herein and after Prakash came to know about the same, a panchayat was held. Even thereafter, petitioner allegedly continued his illicit relationship with Pooja. Wife of the petitioner therefore had confronted Pooja and in the said incident, petitioner allegedly had abused and assaulted Pooja. Subsequently, Pooja had committed suicide on 28.06.2026 by hanging herself in her matrimonial house. It is under these circumstances, FIR has been registered against the petitioner and another for the aforesaid offences. 5. Investigation of the case is now completed and charge sheet has been filed against two persons for the offences punishable under Sections 108 and 133 of BNS, 2023. The petitioner, who has no other criminal antecedents is in - 4 - HC-KAR CNR: KAHC010512492026 NC: 2026:KHC:49588 CRL.P No. 11191 of 2026 custody for the last more than 2 months. The alleged offences are not punishable with death or life imprisonment. 6. Considering aforesaid aspect of the matter and also the nature of allegations found in the charge sheet, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.95 of 2026 registered by Hadadi Police Station, Davanagere District for offences punishable under Sections 133 & 108 of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 5 - HC-KAR CNR: KAHC010512492026 NC: 2026:KHC:49588 CRL.P No. 11191 of 2026 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. e) The 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 NMS List No.: 1 Sl No.: 50