Chandrappa C K Vs the State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION AND GRANT BAIL TO THE PETITIONER IN CRIME NO.15/2026 OF MAYAKONDA POLICE STATION, 1ST ADDL.CIVIL JUDGE AND JMFC COURT, DAVANAGERE FOR THE OFFENCES P/U/S 103(1) OF BNS.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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NC: 2026:KHC:30064 CRL.P No. 5783 of 2026

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HC-KAR

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ORAL ORDER

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1. Accused in Crime No.15/2026 registered by Mayakonda Police Station, Davangere, for the offences punishable under Sections 103(1) and 238(a) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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2. Heard the learned counsel for the parties.

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3. FIR in Crime No.15/2026 was registered by Mayakonda Police Station, Davangere, for the offence punishable under Section 103(1) of BNS, 2023, against the petitioner herein based on the first information dated 02.02.2026 received from Rakesh, son of deceased Neelappa. During the course of investigation, petitioner was arrested in the present case on 02.02.2026 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.149/2026 was rejected on 27.03.2026. Therefore, he is before this Court.

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3 - NC: 2026:KHC:30064 CRL.P No. 5783 of 2026

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HC-KAR

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4. Petitioner is the elder brother of deceased Neelappa, who was aged about 68 years. In the first information, which was filed by Rakesh, son of deceased Neelappa, he has stated that there is a long standing civil dispute between the petitioner and his father and the petitioner had filed a suit before the jurisdictional Civil Court seeking partition. On 02.02.2026 at about 12 o'clock in the afternoon, Neelappa had gone to their field for the purpose of grazing his cows. At about 04.30 p.m., first informant was informed by Basavaraj, who is a villager, that petitioner and Neelappa were quarrelling in their property. Immediately thereafter, first informant went to their property, but he could not find either the petitioner or his father. Thereafter, at about 05.30 p.m. he came to know from one Lokesh that his father's body was lying in the property belonging to one Harisha. Immediately thereafter, first informant went to the said spot and shifted his father to the Hospital, but the Doctor in the Hospital declared that his father had died. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences.

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4 - NC: 2026:KHC:30064 CRL.P No. 5783 of 2026

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HC-KAR

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CW12 and CW13 are said to be the eyewitnesses to the incident in question. A reading of their statement would go to show that they have only stated that they were informed by the first informant that petitioner and his father had quarreled in their property. Except that, they have not stated anything else. From the aforesaid aspects of the matter, it appears that the case of prosecution primarily depends upon circumstantial evidence. None of the charge sheet witnesses have stated that they had seen petitioner assaulting his brother Neelappa and committing his murder. Petitioner, who is aged 69 years is in custody from 02.02.2026. Investigation of the case is completed and charge sheet has been filed. Undisputedly, there is a civil dispute between the two parties. The allegations now found in the charge sheet are required to be proved in a full fledged trial. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.15/2026 registered by Mayakonda Police Station, Davangere, for the offences punishable under

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5 - NC: 2026:KHC:30064 CRL.P No. 5783 of 2026

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HC-KAR

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Sections 103(1) and 238(a) of BNS, 2023, subject to the

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following conditions:

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

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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;

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

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

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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.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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DN

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List No.: 1 Sl No.: 75

Chandrappa C K v. the State of Karnataka

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Chandrappa C K v. the State of Karnataka

Case brief

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