- 1 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105333 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI KUBERAPPA @ KUBERGOUDA S/O NANDEPPA @ NADEPPAGOUDA KANAGATTI @ SANMANI AGE 56 YEARS, OCC. AGRICULTURE, R/O SUDAMBI, TQ BYADAGI DIST HAVERI 581106. …PETITIONER (BY SRI. NAGARAJ APPANNANAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KJARNATAKA DHARWAD BENCH, THORUGH KAGINALE POLICE STATION, BYADGI CIRCLE, TQ BYADGI, DIST HAVERI 580011. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.3 HEREIN ON BAIL FOR THE CASE REGISTERED BY THE KAGINELE POLICE IN KAGINALE P.S.CRIME NO.103/2025, DATED 18-11-2025 FOR THE OFFENCES PUNISHABLE U/S 115(2), 118(1), 110, 351(2) AND 352 R/W SECTION 3(5) OF BNS CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.20 10:19:35 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 2023, PENDING BEFORE THE ADDL.CIVIL JUDGE (SR.DN) AND CJM COURT, BYADGI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Nagaraj Appannanavar, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent-State. 2. Accused No.3 is the petitioner who has sought for grant regular bail. 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 4. A complaint came to be lodged by Smt. Manjavva Shankrappa Chikkalli, with Kaginele Police Station which was registered in Crime No.103/2025 on 18.11.2025 for the offences punishable under Sections 115(2), 118(1), 110, 351(2), 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 5. Gist of the complaint averments would reveal that on 17.11.2025 at about 04.00 p.m., near Basweshwara temple in Timmapura Village, Byadagi Taluk, Haveri District, accused persons by name Lingraja, Shivalingappa and Kuberappa were unauthorisedly filling the gravel which was unloaded for the purpose of the temple activities. 6. A quarrel took place as the son of the complainant questioned them as to why they are stealing the gravel. 7. In pursuance thereof, at about 10.00 p.m., on the same day, when son of the complainant was proceeding near Government Primary School, Timmapura, present petitioner and other two persons have assaulted him and he was in unconscious state. 8. Persons who had accompanied the son of the complainant, namely Somesha Jagdeeshappa Bharmagoudra, was enquired and the incident came to light and therefore, sought for action. - 4 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 9. Police after registering the case have investigated the matter thoroughly and filed charge sheet for the aforesaid offences. 10. Petitioner and other two accused persons were arrested. 11. Attempt made by the petitioner to obtain an order of grant of bail is turned down by the learned Trial Judge and thereafter, the petitioner is before this Court. 12. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the charge sheet is filed and the petitioner is in judicial custody on and from 25.11.2025 and therefore, continuation of the accused in judicial custody is no longer warranted. 13. He would also contend that the role assigned to the present petitioner is trying to strangulate the injured and squeezing his private parts. No corresponding injuries are noted in the wound certificate and sought for grant of bail. - 5 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 14. Per contra, learned High Court Government Pleader for respondent-State would opposes the bail grounds with vehemence. 15. He would further contend that Column No.17 of the charge sheet makes it clear that the action attributable to the present petitioner would squarely falls within the ambit of attempt to murder. 16. Therefore, having regard to the gravity of the offences alleged against the petitioner at least till the examination of the injured before the Trial Court bail request of the petitioner is to be rejected. 17. Having heard the arguments of both sides, this Court perused the material on record meticulously. 18. On such perusal of the material on record, assault made on the head of the injured by the accused No.1 resulted in loss of consciousness. 19. Insofar as, the injured is concerned, as could be seen from the wound certificate collected by the - 6 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 Investigation Agency, CT Scan of the brain would reveal fracture of the parietal bone. 20. However, with regard to the overt acts alleged insofar as the present petitioner is concerned, there was no injury on the neck or in the scrotal region. There was no swelling or hydrocele noticed in the wound certificate. 21. On the day of examination itself, the doctor has not noticed any abnormality on the body of the injured corresponding to the overt acts alleged against the petitioner herein. 22. Therefore, continuation of the present petitioner in judicial custody is no longer warranted. 23. Apprehensions expressed by the prosecution that the grant of bail to the present petitioner would act as a parity to the other accused persons can also be met with by imposing suitable conditions. 24. Accordingly, the following: ORDER (i) The petition is allowed. - 7 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 (ii) Petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the Trial Court. (iii) Petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall mark his attendance before the Investigation Officer on alternate Sunday between 10.00 a.m. to 3.00 p.m., till completion of examination of the injured witness. (vi) Petitioner shall not leave the jurisdiction of Haveri District without prior permission. - 8 - HC-KAR NC: 2026:KHC-D:2589 CRL.P No. 105333 of 2025 It is made clear that grant of bail to the present petitioner shall not ipso facto be a ground for parity insofar as the other accused persons are concerned. Violation of any one of these conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 20