Muttappa Hanamanth Nayak vs The State Of Karnataka on 25 March, 2026

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    Karnataka High Court

    Muttappa Hanamanth Nayak vs The State Of Karnataka on 25 March, 2026

    Author: Hanchate Sanjeevkumar

    Bench: Hanchate Sanjeevkumar

                                                     -1-
                                                                NC: 2026:KHC-D:4657
                                                           CRL.P No. 100393 of 2026
    
    
                            HC-KAR
    
    
    
    
                       IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                           DATED THIS THE 25TH DAY OF MARCH, 2026
                                              BEFORE
                   THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                           CRIMINAL PETITION NO.100393 OF 2026
                                (438 OF Cr.PC/482 OF BNSS)
    
                           BETWEEN:
    
                           MUTTAPPA HANAMANTH NAYAK,
                           AGE: 50 YEARS, OCC: COOLIE,
                           R/O. BHANTANUR, TQ. MUDHOL,
                           DIST. BAGALKOT-587204.
                                                                        ...PETITIONER
                           (BY SRI RAKESH S. HATTIKATAGI, ADVOCATE)
    
                           AND:
    
                           THE STATE OF KARNATAKA,
                           BY LOKAPUR POLICE STATION,
                           REP. BY STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA,
                           DHARWAD BENCH-580001.
    Digitally signed by                                               ...RESPONDENT
    MALLIKARJUN
    RUDRAYYA               (BY SRI ABHISHEK MALIPATIL, HCGP)
    KALMATH
    Location: High Court
    of Karnataka,
    Dharwad Bench               THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C.
                           (U/S.482 OF BNSS, 2023) PRAYING TO ALLOW THE PETITION
                           AND GRANT ANTICIPATORY BAIL TO THE PETITIONER (ACCUSED
                           NO.1), DIRECTING THE RESPONDENT POLICE TO RELEASE HIM
                           ON BAIL IN THE EVENT OF HIS ARREST IN LOKAPUR P.S. CR.
                           NO.140/2025 FOR THE OFFENCES PUNISHABLE UNDER
                           SECTIONS 189(2), 191(2), 191(3), 126(2), 109, 352, 351(2)
                           R/W. 190 OF BHARATIYA NYAYA SANHITA, 2023, IN THE
                           INTEREST OF JUSTICE AND EQUITY.
    
                               THIS PETITION COMING ON FOR ORDERS, THIS DAY
                           ORDER WAS MADE THEREIN AS UNDER:
                                         -2-
                                                        NC: 2026:KHC-D:4657
                                                 CRL.P No. 100393 of 2026
    
    
    HC-KAR
    
    
    
    CORAM:    THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
    
                                 ORAL ORDER

    Heard the learned counsel for the petitioner, the

    learned HCGP for the respondent-State.

    SPONSORED

    2. This petition is filed by the petitioner/accused

    No.1 under Section 438 of Cr.P.C, read with Section 482 of

    the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking

    anticipatory bail and praying for the following relief:

    “WHEREFORE, the petitioner most

    respectfully prays that,

    This Hon’ble Court be pleased to allow the
    petition and grant anticipatory bail to the
    petitioner (Accused No.1) directing the
    Respondent police to release him on bail in the
    event of his arrest in Lokapur
    P.S.Cr.No.140/2025 for the offences
    punishable under Sections 189(2), 191(2),
    191(3), 126(2), 109, 352, 351(2) r/w 190 of
    Bharatiya Nyaya Sanhita, 2023, in the interest
    of justice and equity.

    -3-

    NC: 2026:KHC-D:4657
    CRL.P No. 100393 of 2026

    HC-KAR

    3. The brief case of the prosecution is that the

    petitioner, under the mistaken impression that the

    complainant had instigated the other sisters to file a suit for

    partition, assaulted the complainant with sticks, an axe, and

    other weapons. Based on these allegations, an FIR has been

    registered against the accused persons for the aforesaid

    offences.

    4. The learned counsel for the petitioner has filed a

    memo stating that the accused herein has also filed a

    complaint against the present complainant and his sister,

    which has been registered as Crime No.141/2025. It is

    therefore submitted that the present matter constitutes a

    case and counter-case, registered as Crime Nos.140/2025

    and 141/2025. In Crime No.141/2025, the accused has

    been released on anticipatory bail, and the complainant

    herein is the accused in that case. Therefore, without

    expressing any opinion on the merits of the case, this Court

    is of the opinion that the petitioner is granted benefit of

    anticipatory bail.

    -4-

    NC: 2026:KHC-D:4657
    CRL.P No. 100393 of 2026

    HC-KAR

    5. Accordingly, the following:

    ORDER

    i. The petition is allowed.

    ii. The petitioner/accused No.1 is enlarged on bail
    in the event of his arrest in Lokapur
    P.S.Cr.No.140/2025 for the offences punishable
    under Sections 189(2), 191(2), 191(3), 126(2)
    109, 352, 351(2) r/w 190 of Bharatiya Nyaya
    Sanhita, 2023, subject to the following
    conditions:

    a. The petitioner shall appear before the trial
    Court and shall seek for bail within ten days
    from the date of receipt of a copy of this
    order.

    b. The petitioner execute a personal bond for
    a sum of Rs.1,00,000/- along with one
    surety for the like sum to the satisfaction of
    the Trial Court.

    c. The petitioner shall not indulge in the same
    offence or any other criminal cases, till
    completion of the trial.

    -5-

    NC: 2026:KHC-D:4657
    CRL.P No. 100393 of 2026

    HC-KAR

    d. The petitioner shall not leave the
    jurisdiction of the Trial Court without prior
    permission of the Court.

    e. The petitioner shall not tamper and
    threaten the prosecution witnesses in any
    manner.

    f. The petitioner shall mark her attendance
    before the concerned police station on
    every Saturday between 11.00 a.m. to
    02.00 p.m.

    g. The petitioner shall attend the Court
    regularly during the trial without fail. If not
    attend for consecutive two times, it entails
    cancellation of bail.

    h. Violation of any one of the conditions would
    entitle the prosecution to seek for
    cancellation of bail.

    Sd/-

    (HANCHATE SANJEEVKUMAR)
    JUDGE

    ASN /CT-AN
    List No.: 2 Sl No.: 16



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