Karnataka High Court
Muttappa Hanamanth Nayak vs The State Of Karnataka on 25 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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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:
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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.
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.
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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.
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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.
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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