Citation : 2026 Latest Caselaw 1617 Kant
Judgement Date : 21 February, 2026
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NC: 2026:KHC:10883
CRL.P No. 17201 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17201 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
ANSHUKUMAR,
S/O. ANIL SAH,
AGED ABOUT 36 YEARS,
R/O. PATAPTANDA VILLAGE AND POST,
VAISHALI DISTRICT,
VAISHALI BIHAR - 844 123.
...PETITIONER
(BY SRI. CHIKKANNA Y.R., ADVOCATE FOR
SRI. ANAND R.V., ADVOCATE)
AND:
STATE OF KARNATAKA,
REPRESENTED BY SUB-INSPECTOR
Digitally signed by
LAKSHMINARAYANA VEMAGAL POLICE STATION,
MURTHY RAJASHRI
Location: HIGH
KOLAR DISTRICT -563 102.
COURT OF
KARNATAKA RERESENTED BY
STATE PUBLIC PROSECUTOR,
OFFICE ATTACHED TO
HIGH COURT BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL
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NC: 2026:KHC:10883
CRL.P No. 17201 of 2025
HC-KAR
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.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
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.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
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
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HC-KAR
her on her cheek and kicked on the stomach and she fell
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.
4. 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
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HC-KAR
against him. With these, he prayed for dismissal of the
petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. As per charge sheet, the case of the
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
twice and at that time the petitioner enraged by that
assaulted her with hand on her cheek and kicked on her
stomach and she fell down. When C.W.1 came there and
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HC-KAR
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
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.
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
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HC-KAR
ORDER The Criminal Petition is allowed. The petitioner is
granted bail in Crime No.103/2025 of Vemagal Police
Station, subject to following conditions:
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.
ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
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.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 52
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