- 1 - HC-KAR CNR: KAHC010514382026 NC: 2026:KHC:44824 CRL.P No. 11165 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11165 OF 2026 BETWEEN: SRI. BYRAPPA K.S, S/O SUBBAIAH, AGED ABOUT 36 YEARS, R/AT NO.5,KENCHANAPURA VILLAGE, SULIKERE POST,KENGERI HOBLI, BANGALORE - 560 060 …PETITIONER (BY SRI. K.B.K.SWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KENGERI POLICE STATION, BENGALURU CITY, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. MRS. REVATHI W/O BYRAPPA, AGED ABOUT 30 YEARS, RESIDING AT NO. 253, HANI NEST, 3RD B MAIN, R.R. LAYOUT, NAGADEVANAHALLI, BENGALURU - 560 056. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP; SRI. CHIRAG.G, ADVOCATE FOR R2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010514382026 NC: 2026:KHC:44824 CRL.P No. 11165 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER / ACCUSED FROM JUDICIAL CUSTODY ON BAIL IN CR.NO.325/2026 KENGERI P.S. FOR THE OFFENCE P/U/S 85,109,308(3),351(2) OF BNS 2023 AND SEC.3,4 OF D.P ACT FILED BY THE COMPLAINANT POLICE WHICH IS NOW PENDING BEFORE VI A.C.J.M BENGALURUTHE LXXI ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS DISMISSED THE BAIL PETITION ON 22.07.2026 IN CRL.MISC.NO.7112/2026. 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.325/2026 registered by Kengeri Police Station, Bengaluru City, for the offences punishable under Sections 85, 109, 308(3), 351(2) of BNS, 2023, and Sections 3 & 4 of D.P.Act, 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.325/2026 registered by Kengeri Police S Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 14.07.2026 received from Smt. Revathi, who is the wife of the petitioner. During the course of investigation, petitioner was - 3 - HC-KAR CNR: KAHC010514382026 NC: 2026:KHC:44824 CRL.P No. 11165 of 2026 arrested on 14.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.7112/2026 was rejected on 22.07.2026. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner is a Police Officer and the first informant is a practicing advocate. He submits that after the petitioner had issued a legal notice seeking restitution of conjugal rights, the alleged victim having replied to the same, thereafter has filed a false complaint against the petitioner. He submits that in the alleged incident, the victim has not suffered any injury. He, accordingly prays to allow the petition. 5. Per contra, learned HCGP and the learned Counsel for respondent no.2 submit that investigation in the case is under progress, and therefore, at this stage, the prayer made by the petitioner cannot be entertained. 6. Learned Counsel for respondent no.2 submits that the victim has suffered injuries in the incident in question, but she - 4 - HC-KAR CNR: KAHC010514382026 NC: 2026:KHC:44824 CRL.P No. 11165 of 2026 had refused to take treatment only for the reason that she had to take care of her minor baby. He submits that photographs of the victim would go to show that she has suffered injuries in the incident in question. Accordingly, he prays to dismiss the petition. 7. The first informant had approached the police on 14.07.2026 and had submitted a typed first information running to about eight pages making false allegations against the petitioner who is her husband with regard to the acts committed by him ever since their marriage. Learned Counsel for the petitioner has produced material before this Court to show that relationship of the petitioner and his wife was strained much prior to the alleged incident dated 12.07.2026, in which the petitioner had assaulted his wife. 8. The material on record would go to show that petitioner had got issued a legal notice dated 12.05.2026 to his wife through his advocate - Rajesh.S.R., seeking restitution of conjugal rights. The said notice was replied by his wife on 23.05.2026 through her advocate. A reading of the notices - 5 - HC-KAR CNR: KAHC010514382026 NC: 2026:KHC:44824 CRL.P No. 11165 of 2026 exchanged between the parties would go to show that the husband and wife have made serious allegations against each other. In the alleged incident in question that had taken place on 12.07.2026, though the petitioner has allegedly assaulted the petitioner with machete, there is no material made available to this Court that the victim had taken treatment in respect of the injuries suffered by her. The victim has stated that immediately after the incident, she had approached the police, but the police have refused to register a FIR and non- cognizable report was registered. The fact that police had registered a non-cognizable report after the victim had approached the police immediately after the incident, itself would go to show that she had not sustained grievous injuries in the incident in question. Petitioner who has no criminal antecedents is in custody from 14.07.2026. Major portion of the investigation is completed. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: - 6 - HC-KAR CNR: KAHC010514382026 NC: 2026:KHC:44824 CRL.P No. 11165 of 2026 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.325/2026 registered by Kengeri Police Station, Bengaluru City, for the offences punishable under Sections 85, 109, 308(3), 351(2) of BNS, 2023, and Sections 3 & 4 of D.P.Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the 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. Sd/- (S VISHWAJITH SHETTY) JUDGE KK