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2026 DAILYLAW 36129 (KAR)

JOHN K M v. THE STATE OF KARNATAKA

CRL.P/11080/2026 · 2026-08-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010506972026 NC: 2026:KHC:45029 CRL.P No. 11080 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. 11080 OF 2026 BETWEEN: JOHN K.M., AGED ABOUT 37 YEARS, SON OF MARK K.J, RESIDING AT D.NO. 33, BOLLUR VILLAGE, SOMAWARAPETE, KUSHALNAGAR, KODAGU DISTRICT - 571 201. …PETITIONER (BY SRI. HARISH M G.,ADVOCATE) AND: THE STATE OF KARNATAKA MOODABIDRI POLICE STATION MANGALURU DISTRICT 574 227 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT, BANGLORE – 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CR.NO.87/2026 REGISTERED BY MOODABIDRI P.S., FOR THE OFFENCES P/U/S 352,351(2),118(1),109 OF BNS, PENDING BEFORE THE CIVIL JUDGE AND JMFC, MOODABIDRI, MANGALURU.THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU HAS DISMISSED THE BAIL PETITION ON 13.07.2026 IN CRL.MISC.NO.580/2026. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010506972026 NC: 2026:KHC:45029 CRL.P No. 11080 of 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.87/2026 registered by Moodabidre Police Station, Mangaluru, for the offences punishable under Sections 352, 351(2), 118(1) and 109 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.87/2026 was registered by Moodabidre Police Station, Mangaluru, against the petitioner herein based on the first information dated 17.06.2026 revived from Regina Dayananda, who is the mother of injured victim Josvin Dsouza. In the said case, petitioner was arrested on 19.06.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.580/2026 was rejected on 13.07.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010506972026 NC: 2026:KHC:45029 CRL.P No. 11080 of 2026 4. Material on record would go to show that petitioner is the husband of the injured victim and first informant is her mother. Marriage of the petitioner with the victim had taken place on 22.09.2014. It appears that on the alleged date of incident, there was a quarrel between the couple with regard to approaching the Court seeking divorce. Petitioner allegedly had assaulted his wife with a weapon causing injuries. It is under these circumstances, FIR was registered against him. It is brought to the notice of this Court that petitioner's wife has suffered only the simple injuries in the incident in question. It appears that there is a serious family dispute between the parties and it is in this background, the incident in question had taken place. Petitioner has no other criminal antecedents. Major portion of the investigation is already completed. Under the circumstances, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.87/2026 registered by Moodabidre Police Station, Mangaluru, for the offences punishable under Sections 352, 351(2), 118(1) and 109 of BNS, 2023, subject to the following conditions: - 4 - HC-KAR CNR: KAHC010506972026 NC: 2026:KHC:45029 CRL.P No. 11080 of 2026 a) Petitioner shall execute a 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; 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.: 97