- 1 - HC-KAR NC: 2026:KHC:5540 CRL.P No. 16382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16382 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. HARISH KUMAR K N S/O LATE NAGRAJ AGED ABOUT 34 YEARS R/AT MUNIYAPPA LAYOUT SHANTHI NAGAR, HONGASANDRA BANGALORE – 563 135 AADHAAR CARD No.783701070383 …PETITIONER (BY SRI. SHRAVAN S LOKRE, ADVOCATE) AND: 1. STATE BY BOMMANAHALLI P S REPRESENTED BY THE S. P.P HIGH COURT, BANGALORE – 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P,C. (FILED UNDER SECTION 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER BEING IN CUSTODY IN CC.No.37775/2025 AND IN CRIME No.207/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 103(1) OF BNS, 2023. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5540 CRL.P No. 16382 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No. 207/2025 of Bommanahalli Police Station registered for offence under Sections 85 and 103(1) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that complaint has been filed by the father of the deceased on the next day of the incident. C.W.2 who is the daughter of the deceased and the accused, is cited as eyewitness and her statement has been recorded after 11 days by the Police and her statement has been recorded by the Magistrate after two and half months of the incident. Said C.W.2 was with her grandparents and therefore there are chances of she having been tutored by them. Petitioner is having two daughters, one aged 4 years and another 1-½ years and he has to look after them. Petitioner is in - 3 - HC-KAR NC: 2026:KHC:5540 CRL.P No. 16382 of 2025 judicial custody since 07.07.2025 and as chargesheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra learned HCGP would contend that there are serious overt acts alleged against this petitioner of assaulting the deceased. The incident has been witnessed by C.W.2 - daughter of the petitioner. Statement of C.W.2 has been recorded by the Police and also by the Magistrate, wherein she has specifically stated the overt acts of this petitioner assaulting the deceased. Postmortem report indicate that seven injuries were found on the body of the deceased. Chargesheet material show prima facie case against the petitioner for offences alleged against him. One of the offences alleged against the petitioner is punishable with either death or imprisonment for life. If the petitioner is granted bail, there is threat to C.W.2, who is the daughter of the petitioner and - 4 - HC-KAR NC: 2026:KHC:5540 CRL.P No. 16382 of 2025 eyewitness to the incident and other prosecution witnesses. With this, she prayed to reject the petition. 5. Having heard learned counsel for the parties this Court has perused the chargesheet and other materials placed on record. 6. As per the prosecution, marriage of this petitioner with the deceased had taken place on 03.11.2019 and they had two female children. Petitioner is stated to be addicted to alcohol and he was not earning. He was harassing the deceased mentally and physically and there was a complaint by the deceased against the petitioner given on 30.12.2022 registered in D.P. No. 344/2022. Petitioner was not providing provisions, was not working and asking the deceased to go and work. On 06.07.2025 there was a quarrel between petitioner and the deceased. Petitioner asked the deceased to go and find a work and at that time petitioner had assaulted the deceased with hands, made her to fall on the ground, kept his legs on her neck, pressed it and caused her death. - 5 - HC-KAR NC: 2026:KHC:5540 CRL.P No. 16382 of 2025 C.W.2 is the daughter of petitioner and the deceased and she is eye witness to the incident. 7. Death of the deceased has taken place in the house of the petitioner. There is no explanation of the petitioner regarding the death of his wife. C.W.2 is the daughter of petitioner and the deceased, aged 4 years, and her statement has been recorded by the Investigating Officer and Magistrate under Section 183 of BNSS. C.W.2 has specifically stated the overt act of this petitioner assaulting the deceased and causing her death. Postmortem report indicates that there were seven external injuries over the dead body of the deceased. 8. Considering the above aspects, there is prima facie case against the petitioner for offence alleged against him. The offence alleged against the petitioner is punishable with either death or imprisonment for life. If the petitioner is granted bail, there are chances of he threatening C.W.2, his daughter who is eye witness and other prosecution witnesses. Considering the above - 6 - HC-KAR NC: 2026:KHC:5540 CRL.P No. 16382 of 2025 aspects, petitioner has not made out any grounds for grant of bail. In the result of petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 16 Ct.sm