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2026 DAILYLAW 5894 (KAR)

ANNAPPA S/O SHIDDAPPA UDOJI v. THE STATE OF KARNATAKA

CRL.P/100031/2026 · 2026-02-06

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1719 CRL.P No. 100031 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 06TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100031 OF 2026 (439(Cr.PC)/483(BNSS)-) BETWEEN: ANNAPPA S/O. SHIDDAPPA UDOJI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. HOSATTI, TQ: AND DIST: DHARWAD-581105 …PETITIONER (BY SRI. PRAVEEN HUCHARADDI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GARAG POLICE STATION, DHARWAD R/BY HCGP, DHARWAD 580011. …RESPONDENT (BY SRI. P.N.HATTI, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED U/S 483 OF BNSS (U/S 439 OF CR.P.C.), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL, IN GARAG P.S. CRIME NO.60/2025, NOW NUMBERED AS S.C NO.60/2025, PENDING ON THE FILE OF IV ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD FOR THE OFFENCES PUNISHABLE U/S 189(2), 191(2), 191(3), 103(1), 118(2), 352, 351(2)(3), 62 R/W 190 OF BNS, 2023. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1719 CRL.P No. 100031 of 2026 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Praveen Huchraddi, learned counsel for the petitioner and Sri P.N.Hatti, learned High Court Government Pleader. 2. Petitioner is the accused No.2 who has been charge sheeted for the offences punishable under Sections 189(2), 191(2), 191(3), 109, 118(2), 352, 351(2), 351(3) and 190 of the Bharatiya Nyaya Sanhita, 2023. 3. After filing of the charge sheet, case is committed to the Sessions Court and now pending in S.C No.60/2025 on the file of IV Additional District Judge, Dharwad. 4. As per column No.17 of the charge sheet, role assigned to the present petitioner is that prior to accused No.1 assaulted the deceased with iron rod on the head, present petitioner and other accused persons instigated the accused No.1 to take away the life of the deceased. 5. Motive for the incident is with regard to dumping of the sand in the plot bearing Nos.321 and 322 of Hosatti Village. - 3 - HC-KAR NC: 2026:KHC-D:1719 CRL.P No. 100031 of 2026 Incident has occurred at the spur of the moment when the deceased objected the petitioner and others for dumping the sand. 6. Accused Nos.3 to 10 have been enlarged on bail and present petitioner/accused No.2 also stands on the same footing, as per the charge sheet material. 7. It is accused No.1 who actually assaulted the deceased with iron rod from the hind side of the deceased on his head resulting in death of the deceased as per the charge sheet averments. 8. Therefore, considering the request of the petitioner, that too after the filing of the charge sheet, grant of bail is just and necessary not only on merits, but also on the ground of parity. 9. Accordingly, the following: ORDER (i) Criminal Petition is allowed. (ii) Petitioner/accused No.2 in Crime No.60/2025 on the file of the Garag Police Station, Dharwad - 4 - HC-KAR NC: 2026:KHC-D:1719 CRL.P No. 100031 of 2026 District, is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial Court. (iii) Petitioner/accused No.2 shall attend the Court regularly. (iv) Petitioner/accused No.2 shall not tamper the prosecution witnesses in any manner. (v) Petitioner/accused No.2 shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 17