Citation : 2026 Latest Caselaw 47 Kant
Judgement Date : 6 January, 2026
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NC: 2026:KHC:429
CRL.P No. 15338 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15338 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
SRI. CHANDRAHASA
S/O MARIYAPPA,
AGED ABOUT 46 YEARS,
R/AT: KARIALDODDI VILLAGE AND POST,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 112.
...PETITIONER
(BY SRI. SRINIVAS A.R., ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY
RAMANAGARA WOMEN POLICE,
BANGALORE SOUTH DISTRICT - 562 129.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI REP. BY STATE PUBLIC PROSECUTOR,
Location: HIGH HIGH COURT BUILDING,
COURT OF
KARNATAKA BANGALORE - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C
(UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED ON ANTICIPATORY BAIL IN THE EVENT
OF ARREST IN CONNECTION WITH C.C.NO.499/2021 ARISING
OUT OF CRIME NO.39/2020, PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC, KANAKAPURA,
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NC: 2026:KHC:429
CRL.P No. 15338 of 2025
HC-KAR
RAMANAGARAM DISTRICT, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498(A), 323, 324, 504 AND 506 OF IPC.
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
482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant anticipatory bail in respect of Crime No.39/2020
of Ramanagara Women Police Station, registered for
offences punishable under Sections 498(A), 323, 324, 504
and 506 of Indian Penal Code, pending in
C.C.No.499/2021 on the file of Principal Civil Judge and
JMFC, Kanakapura.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, the allegation in the charge sheet is assault by
machete. But the wound certificate indicates that, four
NC: 2026:KHC:429
HC-KAR
injuries sustained by C.W.1 are simple in nature. There
was a matrimonial case pending as on the date of the
alleged incident and i.e., by C.W.1 against the petitioner.
Subsequently, the said matrimonial case has been allowed
and marriage of the petitioner with C.W.1 has been
dissolved by judgment and decree dated 21.04.2022. As
matrimonial case was pending, a false complaint has been
lodged against the petitioner. After filing of the charge
sheet, the trial Court has issued summons to the
petitioner, but in spite of non-service of summons, NBW
has been issued against the petitioner and therefore the
petitioner apprehends his arrest. The petitioner is ready to
appear before the trial Court and abide by any conditions
to be imposed by this Court. With these, he prayed to
allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the allegation
against the petitioner is assault with a machete on C.W.1
and assault by hands on C.W.2. The wound certificate of
NC: 2026:KHC:429
HC-KAR
C.W.1 indicates that, she has sustained four simple
injuries. The petitioner has been shown as absconding in
the charge sheet. With these, she 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. The petitioner is the husband of C.W.1. The
C.W.1 had filed M.C.No.49/2019 against the petitioner
seeking dissolution of marriage. The said petition which
was filed on 29.07.2019 has been allowed by judgment
and decree dated 21.04.2022. As on the date of alleged
incident i.e., on 14.08.2020, the said matrimonial case
filed by C.W.1 against the petitioner was pending. The
investigation is over and charge sheet has been filed. As
per the charge sheet, the allegation against the petitioner
is assault by machete. The wound certificate of C.W.1
indicates that C.W.1 has sustained four simple injuries.
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HC-KAR
There is no any corresponding cut injury. The said injuries
are scratch mark, pain and tenderness. After filing of the
charge sheet, the petitioner has not been served with the
summons and NBW has been issued against the petitioner.
As the charge sheet is filed, the petitioner is not required
for any custodial interrogation. The petitioner has
undertaken to appear before the trial Court and abide by
any conditions to be imposed by this Court.
7. Considering all the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted anticipatory bail in Crime No.39/2020 of
Ramanagara Women Police Station, pending in
C.C.No.499/2021 on the file of Principal Civil Judge and
JMFC, Kanakapura and is ordered to be released on bail in
the event his arrest, subject to following conditions:
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HC-KAR
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 trial Court.
ii) The petitioner shall voluntarily appear before the trial Court within 15 days from this day and execute bail bond and furnish surety.
iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
iv) The petitioner shall appear before the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 10
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