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2026 DAILYLAW 37520 (KAR)

SHANKAR @ SANKAR v. STATE BY

CRL.P/11828/2026 · 2026-08-29

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010540352026 NC: 2026:KHC:47228 CRL.P No. 11828 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11828 OF 2026 BETWEEN: SHANKAR @ SANKAR S/O SHAKTHIVELU AGED ABOUT 29 YEARS R/AT NO. 9/107, NORTH STREET MADATTUR, ATTUR, VILLUPURAM ULUNDURPETTAI TAMIL NADU - 606 102 PRESENTLY R/AT SHANKAR @ SANKAR C/O VENKATESH MEG LAYOUT, 2ND CROSS A-NARAYANAPURA, MAHADEVAPURA BANGALORE - 560 016. …PETITIONER (BY SRI MANJUNATH K, ADV.) AND: STATE BY MAHADEVAPURA POLICE STATION, BANGALORE. REPRESENTED BY THE PUBLIC PROSECUTOR BANGALORE, HIGH COURT BUILDING. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR AN OFFENCE PUNISHABLE UNDER SECTION 85 AND 108 OF BNSS IN CR. NO.250/2026 OF MAHADEVAPURA POLICE STATION IN SC. NO.1055/2026, PENDING ON THE FILES OF THE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010540352026 NC: 2026:KHC:47228 CRL.P No. 11828 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 SC No.1055/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.250/2026 registered by Mahadevapura Police Station, Bengaluru, for the offences punishable under Sections 85 and 108 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.250/2026 was registered by Mahadevapura Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 19.04.2026 received from Kushbu, sister of deceased Kanaga, who is the wife of the petitioner. In the said case, petitioner was arrested on 19.04.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in - 3 - HC-KAR CNR: KAHC010540352026 NC: 2026:KHC:47228 CRL.P No. 11828 of 2026 Crl.Misc.No.6749/2026 was rejected on 29.07.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that marriage of the petitioner with Kanaga was solemnized on 23.04.2023 and from the said wedlock, they have a boy child aged about 2 years. In the first information as well as in the charge sheet, it is alleged that petitioner has vices of consuming alcohol and gambling and he had incurred hand loan of Rs.8 to 10 lakhs. He was in the habit of taking money from his wife to meet the expenses of his vices. He also allegedly used to consume alcohol regularly and ill treat his wife. Kanaga had committed suicide on 19.04.2026 by hanging herself in their house. Thereafter, her sister had approached the police and FIR was registered against the petitioner for the aforesaid offences. 5. From a perusal of the material on record, it is seen that there are general allegations against the petitioner that ever since the date of his marriage, he was in the habit of ill-treating his wife after consuming alcohol. There is no allegation either in - 4 - HC-KAR CNR: KAHC010540352026 NC: 2026:KHC:47228 CRL.P No. 11828 of 2026 the first information or in the charge sheet with regard to any incident that had taken place immediately prior to 19.04.2026, in which the act committed by the petitioner would have abetted or instigated the deceased to commit suicide. Petitioner, who has no other criminal antecedents is required take care of his minor son aged two years. Investigation of the case is completed. Under the circumstances, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1055/2026 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.250/2026 registered by Mahadevapura Police Station, Bengaluru, for the offences punishable under Sections 85 and 108 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 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 - 5 - HC-KAR CNR: KAHC010540352026 NC: 2026:KHC:47228 CRL.P No. 11828 of 2026 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.: 36