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2026 DAILYLAW 25525 (KAR)

SRI SURYANARAYANA HALAMBI v. STATE OF KARNATAKA BY

CRL.P/9346/2026 · 2026-07-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33051 CRL.P No. 9346 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9346 OF 2026 BETWEEN: 1. SRI SURYANARAYANA HALAMBI S/O SHASHIDARA HALAMBI AGED ABOUT 38 YEARS RESIDING AT GORAJE HOUSE HALADI-76 VILLAGE KUNDAPURA TALUK UDUPI DISTRICT. - 576 201. 2. SMT. MOHINI HALAMBI W/O SHASHIDARA HALAMBI AGED ABOUT 70 YEARS RESIDING AT GORAJE HOUSE HALADI-76 VILLAGE KUNDAPURA TALUK UDUPI DISTRICT - 576 201. …PETITIONERS (BY SRI SHANKAR H.S, ADV., FOR SRI KRISHNA KUMAR K.K, ADV.) AND: STATE OF KARNATAKA BY SHANKARANARAYANA POLICE STATION REP.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL, IN THE EVENT OF THEIR ARREST IN CRIME NO.34/2026 OF SHANKARNARAYANA POLICE STATION, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KUNDAPURA, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33051 CRL.P No. 9346 of 2026 UDUPI DISTRICT, FOR THE OFFENCES P/U/S 85, 118(1), 115(2), 351(2), 352 AND 3(5) OF THE BNS, 2023. 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 Nos.1 and 2 in Crime No.34 of 2026 registered by Shankaranarayana Police Station, Udupi District for offences punishable under Sections 85, 118(1), 115(2), 351(2), 352 R/w Section 3(5) of BNS, 2023 are before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned Addl. SPP for respondent - State. 3. FIR in Crime No.34 of 2026 was registered by Shankaranarayana Police Station, Udupi District for the aforesaid offences against the petitioners herein and another, based on the first information dated 19.05.2026, received from the alleged victim, who is the wife of petitioner no.1. Apprehending arrest in the said case, petitioners herein had - 3 - HC-KAR NC: 2026:KHC:33051 CRL.P No. 9346 of 2026 filed Crl.Misc.No.602 of 2026 before the jurisdictional Sessions Court, which was rejected on 10.06.2026. Therefore, petitioners are before this Court. 4. In the first information which was submitted by the alleged victim she has stated that she has been residing along with the accused persons, who are her husband and in-laws for the last 3 years and on 18.05.2026 at about 11.45 a.m, her mother-in-law assaulted her with a steel rod on her nose causing blood oozing injuries. Subsequently, her husband and father-in-law had also assaulted her and therefore, she had informed about the incident to her father. She has stated that though she had suffered blood oozing injuries, she was not taken to the hospital by the accused persons and on the next day, her father who came from Mantralaya and took her to the hospital and subsequently, she had approached the police. 5. Material made available to this Court by learned counsel for the petitioners would go to show that, marriage of the alleged victim with accused no.1 was performed on 28.02.2023 and the couple have no issues from the said marriage. It appears that since the relationship between the - 4 - HC-KAR NC: 2026:KHC:33051 CRL.P No. 9346 of 2026 couple was not cordial, they had decided to live separately and in this regard an agreement was also executed between them on 11.05.2024, in which the first informant had agreed to live separately and also not to claim any maintenance or property from her husband - accused no.1. Insofar as the present incident is concerned, the same had taken place at about 11.45 a.m. on 18.05.2026. First information is filed after a delay of nearly 30 hours. 6. Material on record would go to show that, the injured victim has suffered only minor injury in the incident in question. Accused no.2 is the mother-in-law of victim and she is aged about 70 years. It is not in dispute that petitioners do not have any criminal antecedents. They have undertaken to cooperate with the police for the sake of investigation. Under these circumstances, the following:- ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.34 of 2026 registered by - 5 - HC-KAR NC: 2026:KHC:33051 CRL.P No. 9346 of 2026 Shankaranarayana Police Station, Udupi District for offences punishable under Sections 85, 118(1), 115(2), 351(2), 352 R/w Section 3(5) of BNS, 2023, subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 28