- 1 - HC-KAR NC: 2025:KHC-D:10355 CRL.P No. 103092 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103092 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: FAIYAZ AHMED S/O MAHAMMED IKBAL KUSUGAL, AGE. 52 YEARS, OCC. PVT. SERVICE, R/O. TIPPU NAGAR, MALEKAR PLOT, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580 023. … PETITIONER (BY SRI. SAJID AHMED GOODWALA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HD CITY WOMEN PS, HUBBALLI, NOW REP. BY SPP, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-08. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO GRANT ANTICIPATORY BAIL TO BE PETITIONER/ACCUSED IN THE EVENT OF HIS ARREST IN CRIME NO.30/2025 BY THE HUBBALLI-DHARWAD CITY WOMEN P.S., REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 85, 118(1), 109, 352 OF BNS, 2023, WITH RESPECT TO THE PETITIONER/ACCUSED, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10355 CRL.P No. 103092 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.30 of 2025 registered by Hubballi-Dharwad City Women Police Station, Hubballi- Dharwad City for the offences punishable under Sections 85, 118(1), 109 and 352 of BNS 2023, is before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.30 of 2025 was registered by the Hubballi-Dharwad City Women Police Station, Hubballi- Dharwad City against the petitioner herein for the aforesaid offences based on the first information dated 12.06.2025 received from his wife Taheera Banu, who is the injured victim in the present case. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5406/2025 before the Jurisdictional Sessions Court, which was rejected on 16.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10355 CRL.P No. 103092 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the victim was not treated as an inpatient. Petitioner is required to take care of his old mother. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that, the victim has suffered grievous injury in the incident in question. Petitioner is a person having criminal antecedent. Accordingly, she prays to dismiss the petition. 6. The material on record would go to show that injured victim who is the first informant in the present case, is the wife of petitioner. In the first information, it is stated that petitioner after consuming alcohol is in the habit of abusing and assaulting his wife and children. On the basis of a complaint earlier made by his wife, FIR in Crime No.6/2025 was registered by Hubballi-Dharwad Women Police Station against the petitioner. Victim lady - 4 - HC-KAR NC: 2025:KHC-D:10355 CRL.P No. 103092 of 2025 was thereafter residing separately along with her three children. On 13.04.2025, for the reason that victim lady had earlier filed a criminal case against the petitioner, he allegedly assaulted her and tried to strangulate her neck with a mobile charger. In respect of the said incident, a separate criminal case is registered against the petitioner in Crime No.16/2025. Thereafter on 12.06.2025, the petitioner allegedly had once again assaulted his wife, who is the injured victim in the present case, with a steel jug and tried to commit her murder. Wound certificate of the injured victim would go to show that in the alleged incident had taken place on 12.06.2025, she has suffered fracture of her nasal bone and the said injury is certified as a grievous injury by the doctor who has issued the wound certificate. 7. A reading of the first information itself would go to show that the petitioner is in the habit of abusing and assaulting his wife and children and earlier two criminal cases were registered against him for the same reason. In - 5 - HC-KAR NC: 2025:KHC-D:10355 CRL.P No. 103092 of 2025 spite of the same, he has continued his habit of abusing and assaulting his wife and children after consuming alcohol and in the alleged incident that had taken place on 12.06.2025, as a result of assault made by the petitioner with a steel jug on the face of his wife, she has suffered grievous injury. Under the circumstances, I am of the opinion that it is not a fit case for grant of discretionary relief of anticipatory bail to the petitioner. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 37