Kamalakar Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH, HALLIKHED (B) POLICE STATION, HUMNABAD CIRCLE, DIST: BIDAR-585401, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107.

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…RESPONDENT

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(BY SRI JAMADAR SHAHABUDDIN, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 PRAYING TO ALLOW THE PETITION THERE BY ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.7/2025 REGISTERED BY HALLIKHED (B) POLICE STATION,

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DISTRICT BIDAR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 118(2), 109, 352, 351(2), 351(3) OF BNS, 2023 AS PER FIR (NOW PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JFMC COURT, HUMNABAD, DISTRICT BIDAR).

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S RACHAIAH)

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This petition is filed by the accused seeking for regular bail in Crime No.7/2025, registered by the Hallikhed (B) Police Station for the offences punishable under Sections 85, 115(2), 118(2), 109, 352, 351(2) and 351(3) of BNS, 2023.

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It is the case of the prosecution that a complaint came to be registered by the complainant on 20.01.2025 at about 18 hours stating that she is the resident of Shakkargunjwadi village and she is staying with her children in the said village. The petitioner is the husband of the complainant. When she was at home, the

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petitioner started quarreling with her and abused her in filthy language and took the knife and assaulted her with the knife. Consequently, she had lost her right ear. Hence, she lodged a complaint after obtaining treatment from the private hospital. Based on the said complaint, the jurisdictional police have registered a case in Crime No.7/2025 for the offences stated supra.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for the

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respondent/State.

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It is the submission of the learned counsel for

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the petitioner that the alleged offence is under Section 326 of IPC, it is one of the major offences among the other offences stated in the FIR. Though she has stated that she had lost one ear, the wound certificate would indicate that part of right ear pinna completely separated from ear and moreover she is out of danger. The petitioner has committed the said offence due to sudden provocation and assaulted her. However, he had no intention to commit

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any grievous injuries to her. The petitioner has to take care of the complainant and the children and he is the earning member of the family. He will abide by the terms and conditions that may be imposed by this Court in the event of his release on bail.

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Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that since the petitioner has assaulted with knife and caused grievous injuries to the complainant, who is none other than his wife, there may be chances of committing similar offences and also there may be chances of tampering the prosecution witnesses. Therefore, it is not appropriate to grant him bail till disposal of the case in Trial Court. Making such submissions, he prays to dismiss the petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it is apparent that the petitioner is none other than the husband of the complainant. On the date of

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alleged incident, he asked his wife to give the key of the room of which she had locked. When she refused to give the key, he assaulted her and thereafter he took the knife and stated to have assaulted. In the said incident, she sustained injuries on her ear, however, it appears that he had no intention to commit either murder or injuries.

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Be that as it may. Having considered the relationship between the complainant and the petitioner, it is appropriate to grant bail to the petitioner by imposing suitable conditions that would take care of the

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apprehension of the prosecution.

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Hence, I proceed to pass the following:

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ORDER

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(i) The criminal petition is allowed.

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(ii) The petitioner is enlarged on bail in Crime No.7/2025 registered by the Hallikhed Police

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Station for the offences punishable under Sections 85, 115(2), 118(2), 109, 352, 351(2) and 351(3) of BNS, 2023, pending on the file of

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the Principal Civil Judge (Jr.Dn.) and JMFC Court, Humnabad, by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions:

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