- 1 - NC: 2025:KHC:12127 CRL.P No. 2445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2445 OF 2025 BETWEEN: MR KARIYAPPA BASAPPA MALAGONDA, S/O BASAPPA MALAGONDA, AGED ABOTU 30 YEARS, R/AT BEERALADINNI, ANGADAKERI, BSAVANA BAGEVADI TALUK, BIJAPURA DISTRICT - 586 216. …PETITIONER (BY SRI. KISHORE KUMAR.,ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MANGALURU WOMENS PS, REP BY SPP, HIGH COURT OF KARNATAKA BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SMT.N ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE PRESENT CRIMINAL PETITION AND DIRECT THE RESPONDENT POLICE TO ENLARGE / RELEASE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.129/2024 REGISTERED BY THE MANGALORE WOMEN P.S., RESPONDENT POLICE WHICH IS PENDING IN THE FILE OF JMFC 3RD COURT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12127 CRL.P No. 2445 of 2025 MANGALURU FOR THE ALLEGED OFFENCES P/U/S 85, 115(2), 118(1), 109, 352, 351(2) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.129/2024 registered by Mangalore Women Police Station, Mangaluru City for offences punishable under Sections 85, 115(2), 118(1), 109, 352, 351(2) of BNS 2023 is before this Court in this successive bail petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in No.129/2024 registered by Mangalore Women Police Station, Mangaluru City for the aforesaid offences against the petitioner herein based on the first information dated 06.12.2024 received from Smt.Hanumanthi, who is wife of the petitioner. - 3 - NC: 2025:KHC:12127 CRL.P No. 2445 of 2025 4. During the course of investigation of the case, petitioner was arrested on 02.01.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.46/2025 was rejected on 25.01.2025. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that the marriage of the first informant with the petitioner herein was solemnized about 12 years prior to the date of the incident and from the wedlock couple have two children. Allegation against the petitioner is that on 01.12.2024 after coming home at about 5:00 p.m., he allegedly abused his wife Smt.Hanumanthi using filthy language and also assaulted her. Immediately thereafter she had called the police who came to the spot and advised the petitioner. On the same day at about 10:00 p.m., petitioner returned home after consuming alcohol and he once again quarreled with his wife. On 02.12.2024 at about 5:00 p.m., petitioner after quarreling with his - 4 - NC: 2025:KHC:12127 CRL.P No. 2445 of 2025 wife on the ground that she had given complaint against him to the police, allegedly assaulted her with an axe and caused injuries to her body. Thereafter, she was shifted to a hospital and subsequently, she had approached the police on 06.12.2024. In respect of the alleged incident that had taken place on the evening of 02.12.2024, belatedly first information was submitted on 06.12.2024. 6. The wound certificate of injured/first informant would go to show that she has suffered nine injuries in the incident in question and the Doctor who has issued wound certificate has certified that all the said nine injuries are simple in nature. Victim is already discharged from the hospital and her condition is normal. Petitioner who has no other criminal antecedents is in custody from 02.01.2025. He has undertaken to cooperate with the police and also to abide by the bail conditions. Accordingly, the following:- ORDER The petition is allowed. - 5 - NC: 2025:KHC:12127 CRL.P No. 2445 of 2025 The petitioner is directed to be enlarged on bail in Crime No.129/2024 registered by Mangalore Women Police Station, Mangaluru City for offences punishable under Sections 85, 115(2), 118(1), 109, 352, 351(2) of BNS 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without - 6 - NC: 2025:KHC:12127 CRL.P No. 2445 of 2025 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 22