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2025 DAILYLAW 48987 (KAR)

KOUSHIK C v. STATE BY PANDAVAPURA POLICE STATION,

CRL.P/12937/2025 · 2025-10-16

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41169 CRL.P No. 12937 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12937 OF 2025 BETWEEN: KOUSHIK C S/O CHUNCHEGOWDA, AGED ABOUT 29 YEARS, RESIDING AT CHIKKADE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. …PETITIONER (BY SRI. VINOD N., ADVOCATE) AND: 1. STATE BY PANDAVAPURA POLICE STATION, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. PAVITHRA M W/O KOUSHIK C AGED ABOUT 24 YEARS RESIDING AT NEAR DEVEGOWDA CIRCLE, NADANAHALLI, 2ND STAGE 2ND CROSS, MYSORE CITY - 570 001. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. BHARATH B, ADVOCATE FOR SRI. RAMU V, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41169 CRL.P No. 12937 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE REGULAR BAIL TO PETITIONER i.e, ACCUSED ON BAIL IN CRIME NO.143/2025 PENDING ON THE FILE OF CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C COURT, PANDAVAPURA, MANDYA DISTRICT REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 109 OF BNS REGISTERED BY THE PANDAVAPURA POLICESTATION, MANDYA DISTRICT. 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 sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.143/2025 of Pandavapura Police Station registered for offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:41169 CRL.P No. 12937 of 2025 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, there is a matrimonial dispute between the first informant and the petitioner. The injuries sustained in the alleged incident by the first informant are simple injuries. The petitioner is in judicial custody since 05.08.2025 and therefore, he is not required for further custodial interrogation. The petitioner is ready to abide by any terms and conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that, the petitioner has used knife to assault the first informant who is his wife and attempted to commit her murder and caused five simple injuries. The investigation is in progress. With these, he prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:41169 CRL.P No. 12937 of 2025 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. The marriage between the petitioner and first informant was love marriage and out of the said wedlock, they have a daughter, now aged about 03 years. The petitioner has filed divorce petition against the first informant and it is pending in the Family Court. On 06.06.2025 when the first informant was proceeding on her two wheeler, at that time, the petitioner came from her back and dashed to her scooter, due to which, she fell down and sustained injuries on her left hand, shoulder, right knee, left knee and left eye. At that time, the petitioner stated to have assaulted her with knife and caused injury on her hand. A perusal of the wound certificate clearly indicates that the first informant has sustained five injuries and they are stated to be simple injuries. The first informant is now discharged from the hospital and there is no danger to her life. The injuries - 5 - HC-KAR NC: 2025:KHC:41169 CRL.P No. 12937 of 2025 sustained by first informant are not on vital parts. The petitioner is in judicial custody since 05.08.2025 and therefore, he is not required for custodial interrogation. The petitioner has undertaken to abide any terms and conditions to be imposed by this court and co-operate with the police in further investigation. The petitioner has made out a case for grant of bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted bail in Crime No.143/2025 of Pandavapura Police Station and is ordered to be released on bail, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:41169 CRL.P No. 12937 of 2025 iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 7