Anshukumar Vs State of Karnataka

STATE OF KARNATAKA, REPRESENTED BY SUB-INSPECTOR VEMAGAL POLICE STATION, KOLAR DISTRICT -563 102. RERESENTED BY STATE PUBLIC PROSECUTOR, OFFICE ATTACHED TO HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

¶14

…RESPONDENT

¶15

(BY SRI. M.R. PATIL, HCGP)

¶16

THIS CRL.P. IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL

¶17

2 -

¶18

NC: 2026:KHC:10883 CRL.P No. 17201 of 2025

¶19

HC-KAR

¶20

IN CRIME NO.103/2025 (VEMAGAL POLICE STATION KOLAR DISTRICT) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1) OF BNSS 2023 SAME IS PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR.

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶23

ORAL ORDER

¶24

This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.103/2025 of Vemagal Police Station registered for offences punishable under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023.

¶25

Heard learned counsel for petitioner and

¶26

learned High Court Government Pleader for respondent - State.

¶27

Learned counsel for petitioner would contend

¶28

that, the petitioner, deceased and her son were residing together. The petitioner when came to the house drunk, the deceased objected for the same and assaulted him on his cheek. Enraged by that, the petitioner has assaulted

¶29

3 -

¶30

NC: 2026:KHC:10883 CRL.P No. 17201 of 2025

¶31

HC-KAR

¶32

her on her cheek and kicked on the stomach and she fell

¶33

down and she was taken to the hospital and she is found dead. The incident has taken place in a sudden quarrel between the petitioner and the deceased. The petitioner has assaulted the deceased as the deceased has assaulted him. The petitioner has not used any weapon. C.W.1 to C.W.3 and C.W.5 are eyewitnesses to the incident. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

¶34

Per contra, learned High Court Government Pleader for respondent would contend that, the incident has been witnessed by C.W.1 to C.W.3 and C.W.5. C.W.5 is the son of the deceased aged seven (7) years. In the statements they specifically stated the acts of this petitioner assaulting the deceased with hands and kicking her on her stomach. The charge sheet materials show prima-facie case against the petitioner for offences alleged

¶35

4 -

¶36

NC: 2026:KHC:10883 CRL.P No. 17201 of 2025

¶37

HC-KAR

¶38

against him. With these, he prayed for dismissal of the petition.

¶39

Having heard the learned counsels appearing

¶40

for parties, the Court has perused the charge sheet and other materials placed on record.

¶41

As per charge sheet, the case of the

¶42

prosecution is that the petitioner, deceased and her son were residing together in a house. The petitioner came drunk to the house on 07.06.2025. At that time, the deceased asked him not to come to home drunk and closed the door. When the petitioner knocked the door with a force, at that time C.W.2 and C.W.3 - neighbours came there and at that time, the deceased opened the door. The petitioner went inside and in the presence of C.W.5, the deceased assaulted the petitioner on his cheek

¶43

twice and at that time the petitioner enraged by that assaulted her with hand on her cheek and kicked on her

¶44

stomach and she fell down. When C.W.1 came there and

¶45

5 -

¶46

NC: 2026:KHC:10883 CRL.P No. 17201 of 2025

¶47

HC-KAR

¶48

asked why he is assaulting the deceased, at that time the petitioner tried to assault C.W.1 and C.W.2 and ran away from the spot. The deceased was taken to the hospital and she is found dead. The incident has been witnessed by

¶49

C.W.1 to C.W.3 and C.W.5 is the son of the deceased aged seven (7) years. The postmortem report indicates that, the cause of death is due to hemorrhagic shock as a result of laceration of spleen (an intra-abdominal organ). The alleged assault by the petitioner was in a sudden quarrel between him and the deceased. The petitioner stated to have assaulted the deceased as the deceased has assaulted him on his cheek twice. The petitioner has not used any weapon. There are no criminal antecedents of the petitioner.

¶50

Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;

¶51

6 -

¶52

NC: 2026:KHC:10883 CRL.P No. 17201 of 2025

¶53

HC-KAR

¶54

ORDER

¶55

The Criminal Petition is allowed . The petitioner is granted bail in Crime No.103/2025 of Vemagal Police Station, subject to following conditions:

¶56

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court.

¶57

ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

¶58

iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

¶59

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶60

KLV

¶61

List No.: 1 Sl No.: 52

Anshukumar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Anshukumar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sreedhara @ Gombe Vs State by Koratagere Ps

Sri Amar Kumar R Vs State of Karnataka

Sandeep, Vs State of Karnataka

Sri. Tahir Pasha @ Thahir Pasha Vs the State of Karnataka

Suzanee @ Suzana @ Suzain Vs the State

Sri Manohar S Vs State of Karnataka