Karnataka High Court
Tammanna vs The State Of Karnataka on 23 March, 2026
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200432 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. TAMMANNA
S/O DYAVAPPA MUSALERA
AGE: 46 YEARS
OCC: COOLIE
2. SHIVAPPA
S/O RAMAPPA MUSALERA
AGE: 26 YEARS
OCC: COOLIE
3. TIRUPATI S/O HANAMAYYA MUSALERA
Digitally signed AGE: 45 YEARS
by RAMESH OCC: COOLIE
MATHAPATI
Location: HIGH
COURT OF ALL R/O HEMANUR VILLAGE,
KARNATAKA TQ: SHORAPUR,
DISTRICT YADGIR-585202
...PETITIONERS
(BY SRI. SANJAY A. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SHORAPUR POLICE STATION
SHORAPUR SUB-DIVISION CIRCLE
DISTRICT: YADGIR-585201
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REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S.
482 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION
THEREBY DIRECTING THE RESPONDENT POLICE/SHORAPUR
POLICE STATION, DISTRICT YADGIR TO RELEASE THE
PETITIONERS/ACCUSED NO.1, 2 AND 5 RESPECTIVELY ON,
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN
CONNECTION WITH CRIME NO.2/2024 CHARGE SHEETED FOR
THE OFFENCES PUNISHABLE U/SEC.143, 147, 148, 323, 324,
326, 504, 506 R/W 149 OF IPC (C.C NO.652/2024 ON THE FILE
OF PRL. CIVIL JUDGE AND JMFC SHORAPUR, DISTRICT
YADGIR).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This petition is filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS, 2023’)
by the petitioners/accused Nos.1, 2 and 5 for grant of
anticipatory bail in Crime No.2/2024 registered by
Shorapur Police Station, Yadgir District, for the offences
punishable under Sections 143, 147, 148, 323, 324, 326,
307, 504 and 506 read with Section 149 of IPC.
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2. The complainant lodged a complaint before the
respondent-police, which was registered in Crime
No.2/2024 against accused Nos.1 to 5 for the
aforementioned offences. After investigation, the
Investigating Officer has submitted charge-sheet against
the accused for the offences punishable under Sections
143, 147, 148, 323, 324, 326, 504, 506 read with Section
149 of IPC and has dropped the provision of Section 307
of IPC.
3. Heard learned counsel for the petitioners so
also learned High Court Government Pleader for
respondent-State.
4. Learned counsel for the petitioners contended
that, eversince the registration of FIR, the respondent-
police are making hectic attempt to arrest the petitioners.
It is submitted that, on 06.01.2024 the Trial Court has
granted bail accused Nos.3 and 4. As such, the
petitioners/accused also approached the II-Addl. Dist &
Sessions Court, Yadgir, Sitting at Shorapur, for grant of
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anticipatory bail in Crl.Misc.No.5112/2025, which was
rejected by order dated 04.12.2025. He further contended
that, the investigation is already completed and charge-
sheet is filed. The accused are not required for further
investigation. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government
Pleader opposed to the bail petition.
6. I have given my anxious consideration on the
submissions made by the learned counsel for the
respective parties and documents available on record.
7. As could be gathered from records, the
investigation is already completed and charge-sheet has
been filed, and the accused are not required for further
investigation. The alleged commission of offences are
exclusively triable by the Court of Magistrate. Considering
the nature and gravity of offences, and previous
antecedents of petitioners, without expressing any opinion
on the merits of the case, suffice it to hold that the
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petitioners/accused Nos.1, 2 and 5 are entitled for
anticipatory bail. Accordingly, I proceed to pass the
following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The respondent – Police are directed to release
the petitioners/accused Nos.1, 2 and 5 on bail in
the event of their arrest in Crime No.2/2024
registered by Shorapur Police Station, Yadgir,
subject to the following conditions:
a) The Petitioners-accused Nos.1, 2 and 5
shall appear before the Investigating
Officer within 15 days from the date of
receipt of a copy of this order and shall
execute a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only)
each with one surety each for the likesum
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to the satisfaction of the Investigating
Officer;
b) Petitioners shall regularly appear before the
Trial Court without fail unless exempted by
the Trial Court for valid reasons;
c) Petitioners shall not tamper with the
prosecution witness and they shall co-
operate with the police for investigation
and appear before them whenever called
upon;
d) Petitioners shall not involve in similar
offences in future.
Sd/-
(G BASAVARAJA)
JUDGE
SDU
LIST NO.: 1 SL NO.: 17
CT:BH