Karnataka High Court
Shri. Ganapati S/O Somanna Nayak vs State Of Karnataka on 7 May, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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CRL.P No. 100979 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 7TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100979 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
SHRI. GANAPATI S/O. SOMANNA NAYAK,
AGED ABOUT 41 YEARS, OCC. AGRICULTURE,
R/O. GAONKARKERI, BELEKERI, TQ. ANKOLA,
UTTARA KANNADA DISTRICT.
...PETITIONER
(BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH ANKOLA POLICE STATION,
UTTARA KANNADA DISTRICT,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
...RESPONDENT
Digitally signed by
MALLIKARJUN (BY SMT. GIRIJA S.HIREMATH, HCGP)
RUDRAYYA
KALMATH
Location: HIGH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
COURT OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO (A) PASS
KARNATAKA
AN ORDER TO THE EFFECT THAT IN THE EVENT OF THE ARREST OF
THE PETITIONER/ACCUSED NO.16 IN RELATION TO THE CRIME IN
CRIME NO.64/2026 REGISTERED AT ANKOLA POLICE STATION,
UTTARA KANNADA, ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE
(JR.DN.) AND JMFC COURT ANKOLA FOR THE OFFENCE MADE PENAL
UNDER SECTIONS 109, 118(1), 126(2), 189(2), 190 AND 61 OF BNS,
2023, HE SHALL FORTHWITH BE RELEASED ON BAIL ON SUCH TERMS
AND CONDITIONS AS THIS HON'BLE COURT MAY DEEM FIT AND
PROPER IN THE ENDS OF JUSTICE; AND (B) PASS SUCH OTHER AND
FURTHER ORDERS AS THIS HON'BLE COURT MAY DEEM FIT AND
PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE
INTERESTS OF JUSTICE.
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CRL.P No. 100979 of 2026
HC-KAR
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri. Shivaraj S. Ballolli appearing
for the petitioner and learned HCGP appearing for the
respondent-State and perused the material made available
before the Court.
2. The petition is filed by the petitioner/accused No.16
under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (Section 438 of Cr.P.C.) praying to grant
anticipatory bail with the following prayer:
“(a) PASS an order to the effect that in the event of
the arrest of the Petitioner/ACCUSED NO.16 in
relation to the crime in Crime No.64/2026 registered
at Ankola Police Station, Uttara Kannada on the file
of the learned Principal Civil Judge (Jr.Dn.) & JMFC
Court, Ankola, for offences made penal under
Sections 109, 118(1), 126(2), 189(2), 190, 61 of the
Bharatiya Nyaya Sanhita, 2023, he shall forthwith be
released on bail on such terms and condition as this
Hon’ble court would deem fit and proper in the ends
of justice; and
(b) PASS such other and further orders as this
Hon’ble Court may deem fit and proper in the facts
and circumstances of the case, in the interests of
justice.”
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3. It is the brief case of the prosecution as revealed in
the complaint and FIR that the victim injured is a State
Secretary of Congress Party. It is stated in the complaint
by the complainant that on 25.03.2026 at around 09.15
a.m. the first informant and the victim injured have gone to
fish market in Ankola in Car bearing registration No.KA-01-
MT-5895. After half an hour the victim injured went to a
Saloon shop for shaving and the first informant was in the
car. About 15 minutes later when the victim injured was
coming out from the saloon, in front of the Axis Bank, two
unknown persons had suddenly attacked the victim injured
with weapons and assaulted on the head with an intention
to kill the victim injured. Also in the process of stabbing the
chest, the victim injured had escaped and fell on the
ground. Again the said two unknown persons have stabbed
the victim injured and at that moment, the victim injured
ran away and escaped, but he was chased by the said two
persons and ran away to the house of one Srinivasa Nayak.
Later the victim injured ran to the Ankola Syndicate
Cooperative Society wherein the said Srinivasa Nayak was
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present and as soon as the victim injured ran into the
Society, the shutters of the said Society was closed to
protect the victim injured, but the victim injured has
sustained injuries. Therefore, the first informant lodged the
complaint by stating that the first informant had seen the
said accused clearly and described the colour of clothes
worn by the accused and also stated the physical feature of
the said unknown persons. Also stated that that there was
a Fiat Figo Car nearby, which was brought by the said two
unknown persons and thereafter the victim injured had
been to Hospital at Ankola and then took treatment and
then went to the Manipal Hospital. Therefore, lodged the
complaint against 6 – 7 unknown persons with the allegation
that they have attempted to murder the victim injured and
accordingly, upon receipt of the complaint, the police have
registered crime as above stated.
4. Learned counsel for the petitioner submitted that
the name of the petitioner/accused No.16 is not found in
the complaint and FIR. It is contended that the petitioner
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has been arraigned as accused No.16 in the case solely on
the basis of the confession statement made by the other co-
accused. It is further submitted that accused No.18, who is
facing similar allegations, was granted bail by this Court in
Criminal Petition No.100751/2026 on 23.04.2026.
Therefore, it is submitted that the petitioner stands on the
same footing as accused No.18, who has been granted
anticipatory bail by this Court. Hence, on the ground of
parity, the petitioner is also entitled to the benefit of
anticipatory bail. It is further submitted that the petitioner
would abide by any conditions imposed by this Court and
would cooperate with the investigation. Accordingly, learned
counsel prays for grant of anticipatory bail.
5. Learned HCGP vehemently opposes the grant of bail
to the petitioner and prays for rejection of the petition.
6. Upon considering the factors that the name of the
petitioner is not found in the complaint or in the FIR and
that the only material presently relied upon by the
prosecution against the petitioner is the confession
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statement made by the other co-accused, this Court is of
the view that the petitioner has been arraigned as accused
No.16 solely on that basis. At this stage, it is also relevant
to note that accused No.18 was granted anticipatory bail by
this Court in Criminal Petition No.100751/2026 dated
23.04.2026. Upon considering the materials available at this
stage, the petitioner does not stand on a different footing
from accused No.18, who was granted anticipatory bail in
respect of similar allegations. Therefore, on the ground of
parity also, the petitioner is entitled to the benefit of
anticipatory bail subject to the condition that he shall
cooperate with the investigation and abide by the conditions
imposed by this Court. Accordingly, considering the above
factors, this Court is inclined to grant anticipatory bail to the
petitioner.
7. In the result, I proceed to pass the following:
ORDER
(i) The petition is allowed.
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(ii) The petitioner/accused No.16 is ordered to be
enlarged on ail in the event of his arrest by the
respondent/State Police in Crime No.64/2026
registered at Ankola Police Station, Uttara
Kannada pending on the file of the learned
Principal Civil Judge (Jr. Dn.) and JMFC, Ankola,
for the offences punishable under Sections 109,
118(1), 126(2), 189(2), 190 and 61 of the
Bharatiya Nyaya Sanhita, 2023, subject to the
following conditions.
a) The petitioner/accused No.16 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/accused No.16 shall
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.
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c) The petitioner/accused No.16 shall
furnish cash surety of Rs.1,00,000/-
(Rupees One Lakh only) to the
satisfaction of the Court.
d) The petitioner/accused No.16 shall not
tamper and threaten the prosecution
witnesses in any manner.
e) The petitioner/accused No.16 shall mark
his attendance before the concerned
police station once in three weeks
between 11.00 a.m. to 02.00 p.m. till
filing charge sheet.
f) The petitioner/accused No.16 shall attend
the Court regularly during the trial
without fail. If not attend for consecutive
two times, it entails cancellation of bail.
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g) The petitioner/accused No.16 shall not
leave territory of India without prior
permission of the jurisdictional Court.
(iii) Violation of any one of the conditions would
entitle the prosecution to seek for cancellation of
bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP
CT: UMD
List No.: 1 Sl No.: 28
