Narasimha Murthy M J Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.13/2026 REGISTERED BY KUSHALNAGAR TOWN P.S., PENDING BEFORE THE ADDITIONAL CIVIL JUDGE AND JMFC, KUSHALNAGAR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 118 OF BNS.

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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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The petitioner is the sole accused in Crime No.13/2026 filed by the respondent/police seeking regular bail for the offences punishable under Sections 109, 115(2), 118 of Bharatiya Nyaya Sanhita, 2023.

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The case of the prosecution is that the complainant is the wife of the petitioner. Their marriage was solemnised sixteen years ago, and out of wedlock, they have two children. It is alleged that the petitioner was not taking proper care of the family, and there were frequent quarrels between the couple in respect of the said issues. It is further alleged that on 31.01.2026 at about 07.30 p.m., when the complainant and her children were

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HC-KAR

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at home, the petitioner came, handed over grocery items, consumed alcohol, and later left at about 01.00 a.m. to go to the house of one Padma. A quarrel had taken place between them in connection with the said issue. It is alleged that the petitioner assaulted the complainant with his hands and, thereafter, with a kitchen knife and caused injuries to the complainant and her child. Immediately thereafter, she was taken to the hospital for treatment. After receiving treatment, she lodged a complaint against the petitioner. Based on the same, the respondent/police registered a case, and the investigation is in progress.

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The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. It is contended that he was in an intoxicated state, and he was provoked by uttering provocative words, and that the incident had occurred in the spur of the moment. It is further submitted that the injuries alleged are not as serious as stated in the complaint; in fact, the complainant was treated on an outpatient basis, and the

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HC-KAR

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injuries appear to be simple in nature. The petitioner is a permanent resident of Ponam Layout, Kushalnagara Taluk, Kodagu District. He will abide by the conditions to be imposed by this court in the way that has to be done by him.

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Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner assaulted both the complainant and her daughter with a knife, resulting in severe injuries. It is further contended that the injuries sustained by the complainant are grievous in nature. If the petitioner is granted bail, there may be chances of committing a similar offence, or there may be chances of threatening the prosecution witnesses. Hence, it is not appropriate to grant him bail. Making such a submission, he prayed to reject the petition.

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Heard the learned counsel for the respective

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parties and perused the averments of the complaint.

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HC-KAR

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It appears from the records that the

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complainant has made certain allegations against the petitioner, who is her husband. It further appears that a quarrel had taken place between them on the date of the alleged incident. Both the complainant and her daughter indeed sustained injuries in the said incident. However, upon perusal of the medical report produced by the learned counsel for the petitioner, the injuries appear to be simple in nature. Hence, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following:

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ORDER

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i) The petition is allowed.

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ii) The petitioner is ordered to be enlarged on bail in Crime No.13/2026 filed by the respondent/police seeking for regular bail for the offences punishable under Sections 109, 115(2), 118 of Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of

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