- 1 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1677 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: GIRISHA S/O MAHADEVAPPA @ KONTHAPPA, AGED ABOUT 32 YEARS, R/O SOMAWARAPETE, 2ND WARD, LINGAYATHARA STREET, SOMAWARAPETE VILLAGE AND POST, CHAMARAJANAGARA TALUK AND DISTRICT. …PETITIONER (BY SRI. H S CHANDRA MOULI., SENIOR COUNSEL ALONG WITH SRI. RAJATH., ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF TOWN PS, CHAMARAJANAGARA REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER WHO HAS BEEN ARRAIGNED AS ACCUSED NO.1 ON BAIL IN S.C.NO.97/2025 IN CR.NO.99/2025 OF TOWN P.S. CHAMARAJANAGARA REGISTERED FOR THE OFFENCE P/U/S 352, 103 AND 238 OF BNS PENDING ON THE FILE OF LD. ADDL. DISTRICT JUDGE AND SPL. JUDGE FOR POCSO CASES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This Criminal Petition is filed by the petitioner herein, who is arrayed as the sole accused in Crime No.99/2025 filed by the respondent – Police for the offences punishable under Section 352 and 103 of the Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking regular bail. Factual matrix of the case: 2. The case of the prosecution is that the marriage between the petitioner and the deceased had taken place eight years ago. They were blessed with two children. - 3 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 Eventually, there was a cordial relationship between the deceased and the petitioner. Thereafter, the petitioner started quarrelling with the deceased even over petty issues. It is alleged that he was suspecting the fidelity of the deceased. Such being the fact, on 19.03.2025, the deceased was found missing from her matrimonial home. The petitioner herein had lodged a complaint before the Chamarajanagara Town Police Station, and the deceased was traced on 23.03.2025. On inquiry, the petitioner learnt that she had been with Srinath @ Srinivasa. The deceased stated before the respondent-Police that she was not going to the house of the petitioner. Later, she intended to stay in Santhvana Kendra. 3. It is further stated that the petitioner used to visit the Santhvana Kendra and used to request the deceased to come back and take care of the children. However, the deceased refused to go with the petitioner. On 02.06.2025, around 04.00 p.m., the petitioner took his children to Santvana Kendra and quarrelled with the - 4 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 deceased and requested that she come back to the matrimonial home. However, on 03.06.2025, the deceased filed a complaint with the Police to give her protection. The police summoned the petitioner and obtained an undertaking from the petitioner that he should not give any trouble to the deceased. After giving the said undertaking, the petitioner was waiting outside the Police Station around 01.15 p.m., while the deceased was returning to Santhvana Kendra along with CW-15, it is alleged that the petitioner had killed his wife. Later, he was taken into custody. The respondent-Police, after registering the case, conducted an investigation and submitted the charge-sheet. 4. Heard Sri. H.S. Chandramouli learned Senior Counsel appearing for Sri. Rajath, learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent. - 5 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 5. Learned counsel for the petitioner submits that the incident had occurred due to sudden provocation. The deceased was not willing to come back to the matrimonial home and take care of the children. In fact, the petitioner had no intention to commit the murder. However, the circumstances had provoked him to assault the deceased. The petitioner has two children. The petitioner has been in judicial custody since 23.03.2025. He will abide by the conditions to be imposed by this Court in the event of his release on bail. Making such a submission, the learned Senior Counsel prays to allow the petition. 6. Per Contra, learned High Court Government Pleader for the respondent - State vehemently submitted that it is a brutal murder committed by the petitioner. The petitioner assaulted his wife in broad daylight. There are eyewitnesses to the incident. The manner in which he assaulted and caused injuries would show the animosity against the deceased. It is a brutal murder which had taken place in broad daylight. Such being the fact, if the - 6 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 petitioner is released on bail, certainly a wrong message would go to the public and society. Hence, it is not appropriate to grant him bail. Making such a submission, the learned High Court Government Pleader for the respondent – State prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the charge-sheet and other materials available on record. It appears that there was a strained relationship between the petitioner and the deceased woman. The deceased was not staying with the petitioner; however, she was staying in the Santvana Kendra. The petitioner used to visit Santvana Kendra and used to quarrel with the deceased, and also he was requesting the deceased to accompany him to her matrimonial home to take care of her children. Moreover, the deceased refused to cohabitate with him. It is found that the deceased woman was staying with another person, namely Srinath. It appears that the incident had occurred on the spur of the moment and due to sudden - 7 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 provocation. This observation would be considered only for the grant of bail. 8. Hence, I proceed to pass the following: ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.99/2025 filed by the respondent – Police for the offences punishable under Section 352 and 103 of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2026:KHC:19210 CRL.P No. 1677 of 2026 iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner shall not indulge in any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 8