Karnataka High Court
Sri Gururaj Nayak vs The State Of Karnataka on 21 May, 2026
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CRL.P No. 200695 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.200695 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. SRI GURURAJ NAYAK
S/O TIRUPATI NAYAK,
AGED ABOUT 41 YEARS,
OCC: GESCOM EMPLOYEE,
R/O POTNAL VILLAGE, TQ. MANVI,
DIST. RAICHUR-584 123.
2. SMT. REKHA W/O GURURAJ NAYAK,
AGED ABOUT 40 YEARS, OCC: HOUSEHOLD,
R/O POTNAL VILLAGE, TQ. MANVI,
DIST. RAICHUR-584 123.
Digitally signed by
BASALINGAPPA S
D 3. SRI VINOD KUMAR
Location: HIGH
COURT OF
KARNATAKA
S/O VEERABHADRAPPA,
AGED ABOUT 25 YEARS, OCC: DRIVER,
R/O WARD NO.1, SANGAPUR ROAD,
NEAR SHANKAR RICE MILL, MANVI,
TQ. MANVI,
DIST. RAICHUR-584 123.
...PETITIONERS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH MANVI POLICE STATION,
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CRL.P No. 200695 of 2026
HC-KAR
TQ. MANVI,
DIST. RAICHUR,
REPT. BY IT'S ADDL. SPP,
HIGH COURT BENCH,
KALABURAGI-585 102.
...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C.(OLD), U/S. 482 OF BNSS(NEW), PRAYING
TO ALLOW THE PETITION AND FURTHER DIRECT THE
RESPONDENT/MANVI POLICE STATION TO ENLARGE THE
PETITIONERS/ ACCUSED NO.1 TO 3 ON BAIL, IN THE
EVENT OF THEIR ARREST IN CONNECTION WITH CRIME
NO.119/2026 REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 118(1), 109, 74, 133, 352,
351(2) R/W. SECTION 3(5) OF BNS, 2023, PENDING ON
THE FILE OF I ADDL. CIVIL JUDGE (SR.DN.) & CJM,
MANVI, REGISTERED BY THE MANVI POLICE STATION.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
1. Learned counsel for the petitioners is present.
2. Learned High Court Government Pleader for
the respondent/State is also present and he seeks time
to file objections.
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3. In spite of sufficient opportunities, the
respondent has not filed any objections. There is no
reason to grant any further adjournment and hence, the
objection of the respondent is taken as not filed.
4. However, the learned HCGP orally objects
that there is no ground made out by the petitioners to
grant anticipatory bail and he seeks for dismissal of the
petition.
5. Heard the learned counsel for the petitioners
and also the learned High Court Government Pleader for
the respondent/State. Perused the relevant materials
on record.
6. This petition is filed by the petitioners/
accused No.1 to 3 under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’),
praying for granting them anticipatory bail in the case
in Crime No.119/2026 of the respondent/ Police
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registered for the offences punishable under Sections
118(1), 109, 74, 133, 352, 351(2) read with Section 3(5) of
Bharatiya Nyaya Sanhita (for short ‘BNS’).
7. The facts of the case are that one Smt.
Amruta alleged to be the wife of petitioner No.1 lodged
complaint with the respondent Police on 09.04.2026
stating that she is wife of the accused No.1 and she is
having a child by name Sachin. There is family dispute
between her and petitioner No.1. It is further alleged
that the petitioner No.1 is working as Mechanic in
GESCOM and he committed offence of corruption in the
office and regarding the same, the complainant gave
complaint and when she went to his office for enquiry
on 09.04.2026 at about 05.00 p.m., the petitioners
picked up a quarrel with her and assaulted her with
chappal and caused grievous injuries and also outraged
her modesty and threatened with dire consequences.
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Hence, the petitioners are alleged to have committed the
offence.
8. As submitted by the learned counsel for the
petitioners and also as forthcoming from the papers on
record, the accused No.2 is wife of the petitioner No.1.
The complainant alleges that she is wife of the petitioner
No.1 and there is family dispute between the petitioner
No.1 and the complainant. Hence, the papers on record
would show that there is dispute regarding the fact that
the complainant is wife of the petitioner No.1.
9. Moreover, if the complaint averments are
considered, the offences alleged are not punishable with
death. Further, the petitioners are permanent residents
of Manvi Taluk of Raichur District within jurisdiction of
the Court of learned Magistrate and also of the Trial
Court. The petitioner No.1 is working as Mechanic in
GESCOM and petitioner No.3 is the Driver in the said
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department and on the date of alleged incident they
were on duty. The petitioner No.2 is woman. There is
no material forthcoming from the respondent Police to
show that there was any case registered against the
petitioners for any offence and hence, the petitioners are
not habitual offenders.
10. There is no specific ground made out by the
respondent/Police to disbelieve the contention of the
petitioners put forth in the petition and hence, there is
absolutely no reason to disbelieve the grounds urged by
the petitioners for grant of anticipatory bail. Under
these circumstances, the petitioners have made out
sufficient ground for granting anticipatory bail as
sought for in the petition. Consequently, the petition
deserves to be allowed.
11. In the result, I proceed to pass the following:
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ORDER
The petition is allowed.
Consequently, the respondent Police is directed to
release the petitioners/accused No.1 to 3 on bail in the
event of their arrest in the case in Crime No.119/2026
registered by them for the offences punishable under
Sections 118(1), 109, 74, 133, 352, 351(2) read with 3(5) of
BNS, subject to the following conditions that:
1. The petitioners/ accused No. 1 to 3 shall
appear before the Investigating Officer
within 15 days from the date of receipt of
copy of this order and they shall execute
personal bond for a sum of
Rs.1,00,000/- each with two sureties for
the like sum to the satisfaction of the
Investigating Officer.
2. They shall appear before the
Investigating Officer as and when
required till final report is filed and they
shall assist the Investigating Officer in
further investigation of the case.
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3. They shall appear before the learned
Magistrate and also before the Trial
Court as and when directed.
4. They shall not hamper the investigation
and shall not tamper with prosecution
witnesses of the case in any manner, and
5. They shall not commit any similar
offences or any offences during pendency
of the case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 13
CT:SI
