- 1 - HC-KAR NC: 2026:KHC:32249 CRL.P No. 5702 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5702 OF 2026 BETWEEN: SRI RAMAPPA VALER S/O MALLESHAPPA VALERA AGED ABOUT 38 YEARS R/O MALUR VILLAGE SHIKARIPURA TALUK - 577 427. …PETITIONER (BY SRI ABHISHEK M.K, ADV., FOR SRI SANDEEP S PATIL, ADV.) AND: 1. STATE OF KARNATAKA BY SHIRALAKOPPA POLICE STATION HIGH COURT BUILDING BENGALURU - 560 001 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. SAVITRAMMA W/O SHIVRAMAPPA AGED ABOUT 52 YEARS R/O TATTUR VADDIGERE SORABA TALUK, SHIVAMOGGA DISTRICT - 577 429. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; VIDE ORDER DT; 29.06.2026, R-2 IS DELETED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 12.01.2026 IN CRL.MISC NO.1328/2025 PASSED BY THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA AND CONSEQUENTLY ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.02333/2025 DATED 05.09.2025 NOW REGISTERED AS CC NO.4812/2025 BY THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32249 CRL.P No. 5702 of 2026 RESPONDENT SHIKARIPURAL POLICE STATION OFFENCES U/S 352, 115(2), 103 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.233/2025 registered by Shiralakoppa Police Station, Shivamogga, for the offences punishable under Sections 352, 115(2) and 103 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.233/2025 was registered by Shiralakoppa Police Station, Shivamogga, for the aforesaid offences against the petitioner herein based on the first information dated 05.09.2025 received from Smt. Savitramma, who is the mother of deceased Smt. Ratna. In the said case, petitioner was arrested on 06.09.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application - 3 - HC-KAR NC: 2026:KHC:32249 CRL.P No. 5702 of 2026 filed before the Trial Court in Crl.Misc.No.1328/2025 was rejected on 12.01.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that marriage of the petitioner with deceased Ratna was a love marriage performed about 17 years prior to the alleged date of incident. From the wedlock, the couple have two children aged about 13 years and 11 years respectively. It appears that though the family lived happily for about 15 years, subsequently petitioner suspected that his wife had an illicit relationship with CW8 and therefore, they were often quarrelling with each other. In this regard, Smt. Ratna also had approached the jurisdictional police and had filed a criminal complaint against the petitioner. Subsequently, the police had summoned the petitioner and other villagers and the parties were advised to seek divorce since the relationship between the husband and wife was not cordial. On 04.09.2025, petitioner allegedly had quarrelled with his wife and had thrown her out of her house for the reason that she had continued her relationship with CW8. Smt. Ratna, who had gone to her - 4 - HC-KAR NC: 2026:KHC:32249 CRL.P No. 5702 of 2026 parents' house, had returned to her matrimonial house on 05.09.2025 allegedly with her mother CW1. 5. According to the prosecution, after seeing Smt. Ratna, petitioner got enraged and he allegedly pushed her and as a result, she fell into a drainage and sustained injuries. Thereafter, petitioner brought a wooden club and assaulted on her head and went away. In the first information which is submitted by the mother of the deceased, who is an alleged eye witness to the incident in question, she has stated that after the petitioner pushed his wife into the drainage, she and other neighbours came there and rescued her daughter and they also allegedly advised the petitioner. Thereafter, he brought a wooden club and assaulted his wife on her head and went away. Though first informant has stated that after the petitioner initially pushed his wife into the drainage, she and other neighbours rescued her daughter and also advised the petitioner, who allegedly assaulted her with a wooden club on her head, except CW1, the prosecution has not cited any other eyewitnesses in the present case. - 5 - HC-KAR NC: 2026:KHC:32249 CRL.P No. 5702 of 2026 6. A reading of the first information would go to show that petitioner allegedly had assaulted his wife with a wooden club in the presence of CW1 and other neighbours. But none of the neighbours have spoken about the alleged assault made by the petitioner in their presence. Learned counsel for the petitioner has submitted that petitioner has aged mother, who is blind and to be taken care of. Petitioner also has got two minor children to be taken care of. Undisputedly, petitioner has no other criminal antecedents. Investigation of the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.233/2025 registered by Shiralakoppa Police Station, Shivamogga, for the offences punishable under Sections 352, 115(2) and 103 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the - 6 - HC-KAR NC: 2026:KHC:32249 CRL.P No. 5702 of 2026 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 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 61