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2026 DAILYLAW 42383 (KAR)

ALUVELAMMA v. STATE OF KARNATAKA

CRL.P/12956/2026 · 2026-09-21

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12956 OF 2026 C/W CRIMINAL PETITION NO. 12838 OF 2026, CRIMINAL PETITION NO. 12839 OF 2026, CRIMINAL PETITION NO. 13171 OF 2026, CRIMINAL PETITION NO. 13173 OF 2026, CRIMINAL PETITION NO. 13253 OF 2026 IN CRL.P No. 12956/2026: BETWEEN: 1. ALUVELAMMA W/O GOPAL T.H AGED ABOUT 37 YEARS R/AT THIMMAMMANAHALLI VILLAGE, KYATHAGANA KERE POST NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT - 572 136. 2. DIVAKAR S/O SHIVAREDDY AGED ABOUT 31 YEARS R/AT THIMMAMMANAHALLI VILLAGE, KYATHAGANA KERE POST PAVAGADA TALUK, TUMAKURU DISTRICT - 561 202. 3. THULASAMMA W/O SHIVAREDDY AGED ABOUT 53 YEARS R/AT THIMMAMMANAHALLI VILLAGE, NAGALAMADIKE HOBLI PAVAGADA TALUK, TUMAKURU DISTRICT - 561 202. 4. MAILAREDDY (WRONGLY SHOWN AS MAILARAREDDY IN FIR) S/O HANUMANTHAREDDY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS AGED ABOUT 37 YEARS R/AT THIMMAMMANAHALLI VILLAGE, NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 561 202. …PETITIONERS (BY SRI KARTHIK YADAV V, ADV., FOR SRI VENKATA REDDY S.K, ADV.) AND: STATE OF KARNATAKA BY THIRUMANI POLICE STATION THIRUMANI, TUMAKURU - DIST -572 136 REPT. BY SPL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 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 ALLOW THE PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS (A7 TO A10) ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN CR NO.43/2026 FOR THE OFFENCES P/U/S 109(1), 74, 115(2), 126(1), 118(1), 190, 351(2), 352 OF BNS 2023 ON THE FILE OF THE RESPONDENT POLICE/THIRUMANI POLICE THIRUMANI, TUMAKURU DISTRICT WHICH IS NOW PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC TUMAKURU DISTRICT. IN CRL.P NO. 12838/2026: BETWEEN: 1. SHIVA S/O CHINNAIAH AGED ABOUT 40 YEARS. 2. T.H. GOPALA (ALSO KNOWN AS GOPALAPPA) S/O HANUMANTHAREDDY AGED ABOUT 44 YEARS. BOTH ARE R/AT THIMMAMMANAHALLI VILLAGE, KYATHAGANAKERE POST - 3 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 572 136. ...PETITIONERS (BY SRI KARTHIK YADAV V, ADV., FOR SRI VENKATA REDDY S.K, ADV.) AND: STATE OF KARNATAKA BY THIRUMANI POLICE STATION THIRUMANI, TUMAKURU DIST - 572 136 REPT. BY SPL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 560 001. ...RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE PETITION AND ORDER TO RELEASE THE PETITIONER/ACCUSED NO.1 AND 5 ON BAIL IN CRIME NO.43/2026 FOR THE OFFENCE P/SU/ 109(1),74,115(2),118(1),126(1),190,351(2),352 OF BNS 2023 ON THE FILE OF THE RESPONDENT POLICE/THIRUMANI POLICE, THIRUMANI, TUMAKURU DISTRICT WHICH IS NOW PENDING ON THE FILE OF THE ADDL CIVIL JUDGE (Jr.Dn.) AND JMFC PAVAGADA, TUMAKURU. IN CRL.P NO. 12839/2026: BETWEEN: PURUSHOTHAM T.A @ PURUSHOTHAM REDDY S/O T.N. APPAREDDY AGED ABOUT 45 YEARS R/AT THIMMAMMANAHALLI VILLAGE NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 561 202. ...PETITIONER (BY SRI KARTHIK YADAV V, ADV., FOR SRI VENKATA REDDY S.K, ADV.) - 4 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS AND: STATE OF KARNATAKA BY THIRUMANI POLICE STATION THIRUMANI, TUMAKURU DIST - 572 136 REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 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 ALLOW THE PETITION AND ORDER TO RELEASE THE PETITIONER/ACCUSED NO.12 ON BAIL IN CRIME NO.43/2026 FOR THE OFFENCE P/SU/ 109(1), 74, 115(2), 118(1), 126(1), 190, 351(2), 352 OF BNS 2023 ON THE FILE OF THE RESPONDENT POLICE/THIRUMANI POLICE, THIRUMANI, TUMAKURU DISTRICT WHICH IS NOW PENDING ON THE FILE OF THE ADDL CIVIL JUDGE (Jr.Dn.) AND JMFC PAVAGADA, TUMAKURU. IN CRL.P NO. 13171/2026: BETWEEN: 1. VENKATESH S/O CHINNAIAH AGED ABOUT 41 YEARS R/AT NO.100, THIMMAMMANAHALLI VILLAGE, KYATHAGANAKERE POST PAVAGADA TALUK TUMAKURU DISTRICT - 572 136. 2. LALITHA (WRONGLY SHOWN AS LATHA IN FIR) W/O SHIVAIAH AGED ABOUT 31 YEARS R/AT THIMMAMMANAHALLI VILLAGE KYATHAGANAKERE POST PAVAGADA TALUK TUMAKURU DISTRICT - 572 136. ...PETITIONERS (BY SRI KARTHIK YADAV V, ADV., FOR SRI VENKATA REDDY S.K, ADV.) - 5 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS AND: STATE OF KARNATAKA BY THIRUMANI POLICE STATION THIRUMANI, TUMAKURU DIST - 572 136 REPT. BY SPL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 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 ALLOW THE PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS (A2 TO A4) ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN CR NO.43/2026 FOR THE OFFENCES P/U/S 109(1), 74, 115(2), 126(1), 118(1), 190, 351(2), 352 OF BNS 2023 ON THE FILE OF THE RESPONDENT POLICE/THIRUMANI POLICE THIRUMANI, TUMAKURU DISTRICT WHICH IS NOW PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (Jr.Dn.,) AND JMFC PAVAGADA, TUMAKURU DISTRICT. IN CRL.P NO. 13173/2026: BETWEEN: 1. RAGHUPATHI @ RAGHUPATHI T.G S/O T.N. GOPALAREDDY (WRONGLY SHOWN AS S/O GOPALA T.H) AGED ABOUT 40 YEARS THIMMAMMANAHALLI VILLAGE KYATHAGANAKERE POST PAVAGADA TALUK TUMAKURU DISTRICT - 561 202. 2. VIJAYKUMAR @ T.C. VIJAY KUMAR (WRONGLY SHOWN AS VIJAYA IN FIR) S/O T.H. CHINNAYYA AGED ABOUT 29 YEARS THIMMAMMANAHALLI VILLAGE KYATHAGANAKERE POST NAGALAMADIKE HOBLI PAVAGADA TALUK, TUMAKURU DISTRICT - 572 136. - 6 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS 3. SHARATHSHREE YADAV T.N (WRONGLY SHOWN AS SHARATH IN FIR) S/O NARAYANAPPA T.C AGED ABOUT 24 YEARS R/O RAILWAY GUAGE EXTENSION PAVAGADA, PAVAGADA TALUK TUMAKURU DIST.-561 202. ...PETITIONERS (BY SRI KARTHIK YADAV V, ADV., FOR SRI VENKATA REDDY S.K, ADV.) AND: STATE OF KARNATAKA BY THIRUMANI POLICE STATION THIRUMANI, TUMAKURU DIST-572 136 REPT. BY SPL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 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 ALLOW THE PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS (A11, A15 TO A20) ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN CR NO.43/2026 FOR THE OFFENCES P/U/S 109(1), 74, 115(2), 126(1), 118(1), 190, 351(2), 352 OF BNS 2023 ON THE FILE OF THE RESPONDENT POLICE/THIRUMANI POLICE THIRUMANI, TUMAKURU DISTRICT WHICH IS NOW PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (Jr.Dn.) AND JMFC, PAVAGADA TUMAKURU DISTRICT. IN CRL.P NO. 13253/2026: BETWEEN: 1. JAYASURYA S/O CHINNALAH T.H AGED ABOUT 29 YEARS R/AT THIMMAMMANAHALLI VILLAGE KYATHAGANAKERE POST NAGALAMADIKE HOBLI - 7 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS PAVAGADA TALUK TUMAKURU DISTRICT - 572 136. 2. UMADEVI W/O T.H. CHINNAIAH AGED ABOUT 47 YEARS R/AT THIMMAMMANAHALLI VILLAGE, NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 561 202. 3. ANANDA S/O LINGA REDDY AGED ABOUT 43 YEARS R/AT THIMMAMMANAHALLI VILLAGE NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 561 202. 4. MALLAKKA W/O GOPALAREDDY T.N AGED ABOUT 63 YEARS R/AT THIMMAMMANAHALLI VILLAGE, NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT - 561 202. ...PETITIONERS (BY SRI KARTHIK YADAV V, ADV., FOR SRI VENKATA REDDY S.K, ADV.) AND: STATE OF KARNATAKA BY THIRUMANI POLICE STATION THIRUMANI, TUMAKURU DIST - 572 136 REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU CITY - 560 001. ...RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS (A-16 TO - 8 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS A-19) ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.43/2026 REGISTERED BY THE RESPONDENT IN THIRUMANI P.S., TUMAKURU DISTRICT, FOR THE OFFENCES P/U/S 109(1),74,115(2),118(1),126(1),190,351(2),352 OF BNS, 2023, PENDING BEFORE THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, PAVAGADA, TUMAKURU DISTRICT. 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 Nos.1, 2, 4, 5, 7 to 12 and 15 to 20 are before this Court in the above-captioned petitions filed under Section 482 and 483 of BNSS, 2023 seeking anticipatory and regular bail in Crime No.43 of 2026 registered by Thirumani Police Station, Tumakuru District for offences punishable under Sections 109(1), 74, 115(2), 118(1), 126(1), 190, 351(2), 352 of BNS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.43 of 2026 was registered by Thirumani Police Station, Tumakuru District for the aforesaid offences against Shiva and others, based on the first information dated 23.07.2026 received from Sri - 9 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS Hanumanthareddy S/o Kadapalareddy, who is one of the injured victim in the present case. During the course of investigation accused Nos.1, 5 and 12 were arrested and their bail application filed before the jurisdictional Court was rejected. Therefore, they are before this Court in Criminal Petition No.12838 of 2026 and Criminal Petition No.12839 of 2026. Apprehending arrest in the case, accused nos.2, 4, 7 to 11 and 15 to 20 had approached the jurisdictional Sessions Court seeking anticipatory bail. Since their bail petitions were rejected, they are before this Court in Criminal petition No.12956 of 2026, Criminal petition No.13171 of 2026, Criminal petition No.13173 of 2026 and Criminal petition No.13253 of 2026. 4. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place on 23.07.2026 there is a case and counter case registered in very same police in Crime No.42 of 2026 and Crime No.43 of 2026. - 10 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS 5. A reading of the first information in the aforesaid case would go to show that, the parties had fought against each other in the matter of grazing sheep. 6. Learned HCGP has brought to the notice of this Court that the injured victim in the present has suffered only simple injury. Injured victim Hanumantha Reddy is arrayed as accused no.1 in Crime No.42 of 2026 and it is brought to the notice of this Court he has been granted regular bail by this Court in Crl.P.No.12589/2026 on 08.09.2026. Under the circumstances, the following:- ORDER (i) The criminal petitions are allowed. (ii) In Crl.P.No.12838/2026 & Crl.P.No.12839/2026 The petitioners/accused Nos.1, 5 and 12 are directed to be enlarged on bail in Crime No.43 of 2026 registered by Thirumani Police Station, Tumakuru District for offences punishable under Sections 109(1), 74, 115(2), 118(1), 126(1), - 11 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS 190, 351(2), 352 of BNS, 2023, subject to the following conditions: 1) Petitioners/accused Nos.1, 5 and 12 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 jurisdictional Court; 2) The petitioners/accused Nos.1, 5 and 12 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; 3) The petitioners/accused Nos.1, 5 and 12 shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4) The petitioners/accused Nos.1, 5 and 12 shall not involve in similar offences in future; 5) The petitioners/accused Nos.1, 2, 5 and 12 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. - 12 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS (iii) In Crl.P.Nos.12956/2026, 13171/2026, 13173/2026 and 13253/2026 The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/ accused nos.2, 4, 7 to 11 and 15 to 20 in the event of their arrest in Crime No.43 of 2026 registered by Thirumani Police Station, Tumakuru District for offences punishable under Sections 109(1), 74, 115(2), 118(1), 126(1), 190, 351(2), 352 of BNS, 2023, subject to the following conditions: 1. The petitioners/ accused nos.2, 4, 7 to 11 and 15 to 20 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. Petitioners/accused Nos. accused nos.2, 4, 7 to 11 and 15 to 20 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners/ accused nos.2, 4, 7 to 11 and 15 to 20 shall not tamper with the prosecution - 13 - HC-KAR CNR: KAHC010583292026 NC: 2026:KHC:53040 CRL.P No. 12956 of 2026 C/W CRL.P No. 12838 of 2026 CRL.P No. 12839 of 2026 AND 3 OTHERS witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners/ accused nos.2, 4, 7 to 11 and 15 to 20 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 82