Ayyappa Vs State of Karnataka

STATE OF KARNATAKA BY CHANNARAYAPATNA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU - 560 001.

¶13

…RESPONDENT

¶14

(BY SRI RANGASWAMY R, HCGP)

¶15

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL, WHO ARE ACCUSED IN CR.NO.214/2024 REGISTERED BY RESPONDENT IN CHANNARAYAPATNA RURAL P.S., FOR THE OFFENCES P/U/S 103(1),80,85 OF BNS, 2023, PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN, SITTING AT CHANNARAYAPATNA IN RESPECT OF PETITIONER.

¶16

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶17

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶18

2 -

¶19

NC: 2026:KHC:32888 CRL.P No. 2570 of 2026

¶20

HC-KAR

¶21

ORAL ORDER

¶22

1. Accused in SC No.55/2025 pending before the Court of IV Addl. District and Sessions Judge, Hassan, sitting at Channarayapatna, arising out of Crime No.214/2024 registered by Channarayapatna Rural Police Station, Hassan, for the offences punishable under Sections 103(1), 80 and 85 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

¶23

2. Heard the learned counsel for the parties.

¶24

3. FIR in Crime No.214/2024 was registered by Channarayapatna Rural Police Station, Hassan, initially for the offences punishable under Section 80 of BNS, 2023 and Section 4 of the Dowry Prohibition Act, 1961, against the petitioner herein based on the first information dated 19.11.2024 received from Yashodamma, mother of deceased Nayana. During the course of investigation, petitioner herein was arrested and subsequently, remanded to judicial custody. His bail application filed before the Trial Court in SC No.55/2025 was rejected on 11.06.2025. Therefore, he is before this Court.

¶25

3 -

¶26

NC: 2026:KHC:32888 CRL.P No. 2570 of 2026

¶27

HC-KAR

¶28

4. According to the prosecution, marriage of the petitioner

¶29

with the deceased was performed about three years prior to the alleged date of incident and from the wedlock, the couple have a male child. It is alleged that petitioner used to harass his wife demanding dowry and on 17.11.2024, he had quarrelled with her demanding dowry and assaulted her with his hand on her right cheek and right ear and as a result, she fell down and subsequently, succumbed to the injuries sustained.

¶30

5. Petitioner is in custody in the present case for the last more than one and half year. It is brought to the notice of this Court that as on this day, prosecution has examined 22 charge sheet witnesses as PW1 to PW22 and all the material charge sheet witnesses have been already examined. The submission made by learned counsel for the petitioner that all the material charge sheet witnesses have turned hostile to the case of the prosecution is not seriously disputed by learned HCGP. Petitioner is said to be an agriculturist having no criminal antecedents. He is required to take care of his minor son. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of

¶31

4 -

¶32

NC: 2026:KHC:32888 CRL.P No. 2570 of 2026

¶33

HC-KAR

¶34

regular bail needs to be answered affirmatively. Accordingly, the following order:-

¶35

The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.55/2025 pending before the Court of IV Addl. District and Sessions Judge, Hassan, sitting at Channarayapatna, arising out of Crime No.214/2024 registered by Channarayapatna Rural Police Station, Hassan, for the offences punishable under Sections 103(1), 80 and 85 of BNS, 2023, s ubject to the following conditions:

¶36

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the jurisdictional Court;

¶37

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;

¶38

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶39

d) The petitioner shall not involve in similar offences in future;

¶40

5 -

¶41

NC: 2026:KHC:32888 CRL.P No. 2570 of 2026

¶42

HC-KAR

¶43

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.

¶44

Sd/(S VISHWAJITH SHETTY) JUDGE

¶45

DN

¶46

List No.: 1 Sl No.: 42

Ayyappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ayyappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shreedhara T D Vs the State Karnataka

Sadiq Pasha Vs State of Karnataka

Mohammed Ateeq @ Tinker Addu Vs State of Karnataka

Mr. Gopinath Nagar Anthal Vs State by

Siddaraju Vs State by

Sri Sharanappa Kalappa Bellundagi Vs the State of Karnataka