Basavaraja @ Giriyappa Basavaraj & Ors vs State Of Karnataka

S Vishwajith Shetty, J

Accused Nos.1, 3 and 4 in Crime No.112/2026 registered by Hosadurga Police Station, Chitradurga for the offence punishable under Sections 126(2), 352, 115(2), 351(2), read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') are before this Court in this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail.

Heard the learned counsel for the petitioners and learned High Court Government Pleader on behalf of respondent-State.

FIR in Crime No.112/2026 was registered by Hosadurga Police Station, Chitradurga, for the aforesaid offences against the petitioners herein and another based on the first information dated 17.02.2026 received from Shashikumar T.S., who is the son of deceased Srinivas in the present case. Srinivas who had consumed pesticide had died on 24.02.2026. Thereafter, Section 108B of BNS, 2023 was invoked in the present case against the accused persons.

The bail application filed by the petitioners along with accused No.2 before the jurisdictional Sessions Judge, Chitradurga was rejected on 13.03.2026. Therefore, the petitioners are before this Court.

Learned counsel for the petitioners submits that accused No.2 has been granted anticipatory bail by this Court in Crl.P.No.4787/2026. The allegation against all the accused persons are similar. The petitioners are agriculturists and have no other criminal antecedents. Accordingly, prays to allow the petition.

Per contra, learned High Court Government Pleader opposes the bail petition, but does not dispute the submission made by the learned counsel for the petitioner.

Perusal of material on record would go to show that in the village Panchayat that was held on 14.02.2026, Srinivas was allegedly directed to pay penalty of Rs.10,000/- for having unauthorisedly transported mud from the village lake. Petitioners herein allegedly had abused Srinivas on 15.02.2026 and also assaulted him with their hand in the background of penalty imposed on Srinivas by the Panchayat. Srinivas thereafter allegedly consumed pesticide and immediately thereafter he was shifted to hospital wherein he died on 24.02.2026 and his son thereafter had approached the Police and submitted first information, based on which Crime No.112/2026 was registered by Hosadurga Police Station, Chitradurga against the petitioners and another namely Thimappa. Thimappa has now been granted anticipatory bail by Co-ordinate Bench of this Court in Criminal Petition No.4787/2026. Allegation as against all the accused in the present case is similar. It is not in dispute that petitioners have no other criminal antecedents and they are agriculturists by occupation.

Under the circumstances, I am of the opinion that, prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions.

Accordingly, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.112/2026 registered by Hosadurga Police Station, Chitradurga for the offences punishable under Sections 126(2), 352, 115(2), 351(2), read with Section 3(5), subject to the following conditions:

i. Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Fifty Thousand only) each with one surety for the likesum to the satisfaction of the investigating officer.

Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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.

Petitioners shall not involve in similar offences in future.