- 1 - HC-KAR NC: 2026:KHC:14500 CRL.P No. 764 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 764 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: RAMESH S/O HONNEGOWDA AGED ABOUT 40 YEARS, RESIDE AT, NO.156, 1ST CROSS, 1ST MAIN ROAD, NEAR DEEPA COMPLEX, K.K LAYOUT, PAPAREDDYPALYA BENGALURU 3 560 237 &PETITIONER (BY SRI. SHRIRAMA.,ADVOCATE) AND: STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE 3 560 001 &RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14500 CRL.P No. 764 of 2026 THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO; a) ALLOW THIS PETITION AND DIRECT TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.493/2025 OF ANNAPOORNESHWARI NAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 109 OF BNS 2023 PENDING ON THE FILE OF THE VI ADDL CHIEF JUDICIAL MAGISTRATE, BENGALURU, AND; b) GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON9BLE COURT DEEMS FIT AND PRORPER UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14500 CRL.P No. 764 of 2026 ORAL ORDER 1. This petition is filed by the petitioner herein who is arrayed as accused No.1 in Crime No.493/2025 filed by the respondent 3 Police for the offences punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be filed by one Sri. Nagaraju stating that Smt. Bhadrakalamma, who is his sister, was living in Bangalore by working as a house maid along with her two children namely Sunitha and Geetha. It is stated that his elder sister had performed the marriage of her daughter Geetha with the petitioner ten years ago. Geetha and the petitioner herein were living together as husband and wife in a good and cordial terms for six years. Thereafter, there was a frequent quarrel between the husband and wife. A strained relationship was existed between the petitioner and the respondent. The daughter of his sister started living along with her mother after leaving her matrimonial home as she could not tolerate the cruelty of the petitioner. - 4 - HC-KAR NC: 2026:KHC:14500 CRL.P No. 764 of 2026 3. On 06.07.2023 the petitioner after consuming alcohol came to the house of his sister and started quarreling with his wife Geetha. It was pacified and he was sent back. Again, on 29.06.2024 a complaint lodged before the Women Police Station. The matter was resolved by the intervention of well-wishers. Again, on 20.12.2025, the petitioner came to the house of sister of the complainant and started quarreling with his wife Geetha. The sister of the complainant Badhrakalamma intervened and tried to rescue her daughter, at that time, the petitioner had assaulted with the bottle on the chest and caused injuries. Immediately, she was shifted to the hospital for treatment and she was under treatment. 4. Heard Sri. Shrirama Adiga, learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent. 5. Learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences. He has been falsely implicated in this case. In fact, the petitioner had come to the house of the injured to take back his wife, however, the - 5 - HC-KAR NC: 2026:KHC:14500 CRL.P No. 764 of 2026 injured did not agree to send her daughter along with the petitioner. 6. It is further submitted that being enraged by the act of the injured in not sending his wife, the incident had occured. However, he had no intention to commit any injury and harm to the injured. The petitioner is a permanent resident of Papareddy Palya, Bangalore and aged about 40 years. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per Contra, learned High Court Government Pleader for respondent 3 State vehemently submitted that the petitioner being a drunkard used to assault his wife and he was harassing his wife constantly, as a result of which she was forced to go out of the matrimonial home. The panchayat was held between the couple on several occasions. Prior to the present incident, once a complaint was lodged against the petitioner herein and it was resolved amicably by the intervention of Police and other family members. - 6 - HC-KAR NC: 2026:KHC:14500 CRL.P No. 764 of 2026 8. It is further submitted that the manner in which the petitioner had stabbed the injured would indicate that he had intention to commit murder. The injury inflicted is on the vital part of the body. Therefore, it is not appropriate to grant him bail. If, the petitioner is enlarged on bail, there may be chances of committing similar offences or threatening the prosecution witnesses. Therefore, it is appropriate to reject the petition. Making such submissions learned High Court Government Pleader prays to reject the petition. 9. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the record that the petitioner herein used to consume alcohol on everyday and also he was harassing his wife continuously. His wife having not tolerated the cruelty and harassment, came out of the house and started residing along with her mother. The injured his none other than the mother of the wife of the petitioner. On several occasions the petitioner used to come to the house of his wife and started quarrelling with her. The injured being the mother-in-law of the petitioner has to intervene and protect her daughter from the assault and the cruelty. However, on the day when the incident had occurred, - 7 - HC-KAR NC: 2026:KHC:14500 CRL.P No. 764 of 2026 the petitioner had assaulted mercilessly and caused injuries to the injured. 10. Having considering the nature and seriousness of the offence committed by the petitioner, it is appropriate to reject the petition. 11. Hence, I proceed to pass the following: ORDER i. This Criminal Petition stands rejected. Sd/- (S RACHAIAH) JUDGE NM