- 1 - NC: 2025:KHC-K:2120 CRL.P No. 200445 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200445 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: LAXMAN S/O BALAVANTAPPA KARAKUR, AGE:30 YEARS, OCC: DRIVER, R/O. ABBIHAL, TQ.MUDDEBIHAL, DIST. VIJAYAPURA - 586101 …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, PSI, MUDDEBIHAL POLICE STATION, DIST.VIJAYAPURA-586101, R/BY ADDL. SPP KALABURAGI, HIGH COURT OF KARNATAKA, KALABURAGI BENCH - 585107 …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S 483 OF BNSS,2023 PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER/SOLE ACCUSED IN CC NO. 43/2025 (MUDDEBIHAL P.S CRIME NO. 235/2024 DISTRICT VIJAYAPURA) FOR THE OFFENCES PUNISHABLE U/SEC. 103(1) OF BNS-2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC MUDDEBIHAL, DIST VIJAYAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2120 CRL.P No. 200445 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the sole accused seeking for bail in Crime No.235/2024, registered by the Muddebihal Police Station for the offences punishable under Sections 103(1) of the Bharathiya Nyaya Sanhita (for brevity, ‘BNS’), 2023. 2. It is the case of the prosecution that on 13.10.2024, the complainant lodged a complaint stating that she performed the marriage of her daughter- Shivamma eight years ago with the accused. After the marriage, her daughter was staying in the matrimonial house for four years. Thereafter, she left the matrimonial home and started residing with the complainant as her son-in-law was not taking proper care of her daughter. 3. It is further stated that her son-in-law often used to visit her house. It is further stated that her son-in- law used to threaten her daughter that he was finishing - 3 - NC: 2025:KHC-K:2120 CRL.P No. 200445 of 2025 her, if she continues to stay in her parents’ house without coming back to matrimonial house. 4. It is further stated that, on the same day, the complainant went to coolie work and when she was in the land, she was told that her daughter was not feeling well and she was taken to hospital for treatment. Immediately she rushed towards the house and saw that people were gathering in front of her house. On seeing that, she noticed that her daughter was dead and her dead body was kept in the varanda. 5. It is further stated that when she enquired about the incident, she was told that her son-in-law by picking up quarrel with her daughter, assaulted on her head with sewing machine and killed her. 6. Based on the said information, a case came to be registered by the respondent police. After conducting the investigation, charge sheet was submitted for the offence punishable under Section 103(1) of BNS, 2023. - 4 - NC: 2025:KHC-K:2120 CRL.P No. 200445 of 2025 7. Heard Sri. Shivanand V Pattanashetti, learned counsel for the petitioner and Sri. Jamadar Shahabuddin, learned High Court Government Pleader for respondent – State. 8. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offence and he has been falsely implicated in this case. 9. It is further submitted that, since, the post mortem report would indicate that a single injury has been caused on the head of the deceased, resulting in her death. Under such circumstances, the alleged offence can be reduced to either Section 304 (I) or (II) of IPC in stead of Section 302 of IPC or Section 103 (I) of BNS, 2023. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 10. Per contra, learned High Court Government Pleader vehemently opposed the bail petition on the ground that the petitioner initially was not taking proper - 5 - NC: 2025:KHC-K:2120 CRL.P No. 200445 of 2025 care of the deceased. Therefore, she left the matrimonial home along with her child and started residing with her mother by doing coolie work. The petitioner did not spare her even though she left him and started living away from him. 11. It is further submitted that on the date of incident i.e., 13.10.2024 at about 4.30 p.m., he picked up quarrel with the deceased and assaulted her with sewing machine on the head. The gravity of the injuries would reflect in the photographs. The manner in which the petitioner assaulted his wife would indicate his beast attitude. Therefore, it is appropriate to reject bail. 12. Having heard learned counsel for the respective parties and also perused the averments of the charge sheet materials, it appears from the record that the petitioner who is none other than the son-in-law of the complainant had assaulted the deceased who was his wife with sewing machine on the vital part of the body i.e., on the head and caused injuries and killed her. The - 6 - NC: 2025:KHC-K:2120 CRL.P No. 200445 of 2025 photographs produced along with the charge sheet would indicate that she sustained grievous injuries on her head. Therefore, having considered the nature and gravity of offence, I am of the considered view that, it is not a fit case to grant him bail at this stage. 13. In light of the aforesaid observations, I proceed to pass the following: ORDER The petition stands rejected. Sd/- (S RACHAIAH) JUDGE RSP/JS List No.: 1 Sl No.: 7 CT:PK