- 1 - HC-KAR NC: 2025:KHC:42904 CRL.P No. 11488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11488 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MR.SEVANAYAKA S/O LATE MUTTHANAYAKA, AGED ABOUT 55 YEARS, R/OF G M HALLI VILLAGE, HD KOTE TALUK, MYSURU -571 114. …PETITIONER (BY SRI. KUMARA K G., ADVOCATE) AND: STATE OF KARNATAKA BY H D KOTE POLICE STATION, HD KOTE-571 114. MYSURU (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU- 560 001) …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE ON BAIL IN S.C.NO.36/2025 (CR.NO.255/2024) REGISTERED BY THE H.D. KOTE P.S. FOR THE OFFENCE P/U/S 85, 109 OF BNS WHICH IS PENDING ON THE FILE OF HONBLE V ADDL.DISTRICT AND SESSIONS JUDGE MYSURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42904 CRL.P No. 11488 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant of bail in S.C.No.36/2025 pending on the file of the V Additional District and Sessions Judge, Mysuru arising out of Crime No.255/2024 of H.D.Kote Police Station registered for offences punishable under Sections 85 and 109 of BNS, 2023. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the marriage of the petitioner with C.W.1- injured has taken place 21 years ago and they are having two children. The petitioner is in judicial custody since last 13 months. The trial is not yet commenced. The charge - 3 - HC-KAR NC: 2025:KHC:42904 CRL.P No. 11488 of 2025 sheet is filed, the petitioner is not required for custodial interrogation. With these, he prays to allow the petition and grant bail to the petitioner –accused. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that C.W.1 is the wife of this petitioner and in the incident she has sustained 03 injuries and the doctor has opined that said injuries are grievous in nature. There are three eye witnesses to the incident. If the petitioner is granted bail, he will threaten C.W.1 who is his wife, and other prosecution witnesses. With these, he prays to reject the petition. 5. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. The C.W.1 is the wife of this petitioner. On 14.09.2024, when petitioner went to his house at 08.00 p.m., his wife C.W.1 had not returned to the house and due to that he became angry and took long chopper and - 4 - HC-KAR NC: 2025:KHC:42904 CRL.P No. 11488 of 2025 waiting for C.W.1. When she came at 09.00p.m., he holding long chopper in his hand, quarreled with her and went to assault her with the said long chopper and she escaped and intimated the same to C.W.2, 5 and 6 and came back to the house at 10.00 p.m., and at that time accused again abused her. On 15.09.2024 when C.W.1 was sleeping, at about 01.30 a.m., the petitioner assaulted her with long chopper on her face, she got up and screamed. At that time he assaulted with the said long chopper on her left side of neck, she put her hand and sustained injury to the hand. C.W.1 who is injured is stated to have sustained three injuries and the doctor who issued wound certificate has opined that injuries are grievous in nature. If the petitioner is granted bail, he has to go to his home where C.W.1 is staying. Therefore, there are chances of threatening C.W.1 and other eye witnesses to the incident. The trial is fixed now as submitted by the learned High Court Government Pleader. Considering the - 5 - HC-KAR NC: 2025:KHC:42904 CRL.P No. 11488 of 2025 said aspect, the petitioner has not made out case for grant of bail at this stage. 7. In the result, the petition is dismissed. The petitioner is at liberty to move bail application before the Sessions Court after examination of C.W.1 and other eye witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 9