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2026 DAILYLAW 35529 (KAR)

BALU v. STATE BY CHELUR P S

CRL.P/8505/2026 · 2026-07-30

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010404272026 NC: 2026:KHC:39886 CRL.P No. 8505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8505 OF 2026 BETWEEN: BALU S/O KRISHNAPPA AGED ABOUT 26 YEARS R/AT, GERIGIREDDY PALYA VILLAGE, CHELUR HOBLI AND TALUK, CHIKKABALLAPURA DSITRICT-563 124 …PETITIONER (BY SRI. M. R. CHINNASWAMY MANOHAR, ADVOCATE) AND: STATE BY CHELUR P S CHIKKABALLAPUR DISTRICT REP. BY SPP, HIGH COURT COMPLEX, BANGALORE-560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT REGULAR BAIL AND RELEASE THE PETITIONER ON BAIL IN SC NO.14/2026 (CRIME NO.125/2025) OF CHELUR POLICE STATION CHIKKABALLAPUR DISTRICT REGISTERED FOR THE OFFENCES P/U/S 103(1) OF BNS PENDING BEFORE THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010404272026 NC: 2026:KHC:39886 CRL.P No. 8505 of 2026 HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUR AND ETC. 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 S.C. No.14/2026 pending before the Court of I Additional District and Sessions Judge, Chikkaballapura arising out of Crime No.125/2025 registered by Chelur Police Station, Chikkaballapura for offence punishable under Section 103(1) 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.125/2025 was registered by Chelur Police Station, Chikkaballapura for the aforesaid offence against the petitioner herein based on the first information dated 28.11.2025 received from Najeena (CW1), who is the mother of deceased Dilshad. During the course of investigation, petitioner was arrested on 28.11.2025 and remanded to judicial custody. After completing investigation charge sheet has been filed - 3 - HC-KAR CNR: KAHC010404272026 NC: 2026:KHC:39886 CRL.P No. 8505 of 2026 against him for the aforesaid offence. His bail application filed before the trial Court in S.C. No.14/2026 was rejected on 18.03.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that deceased Dilshad was the wife of the petitioner and they had married after loving each other. From the said wedlock, they have two minor daughters. It appears that Dilshad had developed intimacy with one Ramu after her marriage and this was opposed by the petitioner and he also had informed the same to the mother and other relatives of Dilshad. Therefore, there was a panchayath held and in the said panchayath, Dilshad was advised. 5. On 27.11.2025, at about 10.00 a.m., first informant, her son - CW3, petitioner and Dilshad had visited a Dargah and returned home at about 03.30 p.m. Subsequently, the in-laws of the petitioner had gone to their house. It is the case of the prosecution, at about 07.00 p.m., first informant was informed by her son CW3 that petitioner was assaulting Dilshad with a steel rod. Immediately thereafter, first informant went to the house of her daughter and on enquiry, petitioner allegedly - 4 - HC-KAR CNR: KAHC010404272026 NC: 2026:KHC:39886 CRL.P No. 8505 of 2026 informed her that Dilshad had continued her relationship with Ramu and she had called him over mobile phone and on the said date she had spoken with Ramu The first informant found that her daughter Dilshad had suffered injuries and therefore, first informant and her sister Mousina - CW2 along with the petitioner took the injured Dilshad to a hospital, where she was given first aid treatment. Thereafter they had returned home and it appears that in the midnight of 27.11.2025 health condition of Dilshad got deteriorated and therefore, she was once again shifted to the hospital by the petitioner, CW1 and CW2 and in the said hospital, she had died. 6. From the material placed on record, it can be gathered that even after Dilshad was advised in the panchayath that was held on 23.11.2025, she had continued her relationship with Ramu and it is in this background, on 27.11.2025, she was assaulted by the petitioner. Even CW1 and CW2 in their statements have clearly stated that petitioner had assaulted Dilshad only for the said reason. Material on record would go to show that after CW1 and CW2 came to the house of the petitioner, they along with petitioner had shifted the injured Dilshad to a hospital - 5 - HC-KAR CNR: KAHC010404272026 NC: 2026:KHC:39886 CRL.P No. 8505 of 2026 where she was given first aid treatment and was brought back to the petitioner's house. Subsequently, her health got deteriorated in the midnight of 27.11.20.25 and thereafter though she was shifted to hospital, she had died in the said hospital. 7. Petitioner who had assaulted his wife in a spur of moment for the reason that she had continued her relationship with Ramu had thereafter assisted CW1 and CW2 to shift injured Dilshad to the hospital and also had provided first aid treatment to her. It appears that since Dilshad had suffered internal injuries, she had succumbed to the same. Investigation of the case is completed and charge sheet has been filed. Petitioner is required to take care of his two minor daughters aged about 4 years and 2 years respectively. 8. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be answered affirmatively. Hence, the following: - 6 - HC-KAR CNR: KAHC010404272026 NC: 2026:KHC:39886 CRL.P No. 8505 of 2026 ORDER 9. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C. No.14/2026 pending before the Court of I Additional District and Sessions Judge, Chikkaballapura arising out of Crime No.125/2025 registered by Chelur Police Station, Chikkaballapura for offence punishable under Section 103(1) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the date 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; - 7 - HC-KAR CNR: KAHC010404272026 NC: 2026:KHC:39886 CRL.P No. 8505 of 2026 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE BS - List No.: 1 Sl No.: 40/ -- 30/7