[Cites 5, Cited by 0]
Karnataka High Court
Harish Kumar K N vs State By Bommanahalli P S on 31 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5540
CRL.P No. 16382 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 16382 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. HARISH KUMAR K N
S/O LATE NAGRAJ
AGED ABOUT 34 YEARS
R/AT MUNIYAPPA LAYOUT
SHANTHI NAGAR, HONGASANDRA
BANGALORE - 563 135
AADHAAR CARD No.783701070383
...PETITIONER
(BY SRI. SHRAVAN S LOKRE, ADVOCATE)
AND:
1. STATE BY BOMMANAHALLI P S
REPRESENTED BY THE S. P.P
Digitally signed by
LAKSHMINARAYANA HIGH COURT, BANGALORE - 560 001.
MURTHY RAJASHRI
Location: HIGH COURT ...RESPONDENT
OF KARNATAKA
(BY SMT. WAHEEDA M M, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P,C. (FILED
UNDER SECTION 483 BNSS) PRAYING TO GRANT BAIL TO THE
PETITIONER BEING IN CUSTODY IN CC.No.37775/2025 AND IN
CRIME No.207/2025 FOR THE OFFENCES PUNISHABLE UNDER
SECTION 85, 103(1) OF BNS, 2023.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2-
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CRL.P No. 16382 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by the sole accused under
Section 483 of BNSS praying to grant bail in Crime No.
207/2025 of Bommanahalli Police Station registered for
offence under Sections 85 and 103(1) of BNS.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that complaint has been filed by the father of the deceased
on the next day of the incident. C.W.2 who is the daughter
of the deceased and the accused, is cited as eyewitness
and her statement has been recorded after 11 days by the
Police and her statement has been recorded by the
Magistrate after two and half months of the incident. Said
C.W.2 was with her grandparents and therefore there are
chances of she having been tutored by them. Petitioner is
having two daughters, one aged 4 years and another 1-½
years and he has to look after them. Petitioner is in
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judicial custody since 07.07.2025 and as chargesheet is
filed, he is not required for custodial interrogation. There
are no criminal antecedents of the petitioner. With this, he
prayed to allow the petition.
4. Per contra learned HCGP would contend that
there are serious overt acts alleged against this petitioner
of assaulting the deceased. The incident has been
witnessed by C.W.2 - daughter of the petitioner.
Statement of C.W.2 has been recorded by the Police and
also by the Magistrate, wherein she has specifically stated
the overt acts of this petitioner assaulting the deceased.
Postmortem report indicate that seven injuries were found
on the body of the deceased. Chargesheet material show
prima facie case against the petitioner for offences alleged
against him. One of the offences alleged against the
petitioner is punishable with either death or imprisonment
for life. If the petitioner is granted bail, there is threat to
C.W.2, who is the daughter of the petitioner and
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eyewitness to the incident and other prosecution
witnesses. With this, she prayed to reject the petition.
5. Having heard learned counsel for the parties
this Court has perused the chargesheet and other
materials placed on record.
6. As per the prosecution, marriage of this
petitioner with the deceased had taken place on
03.11.2019 and they had two female children. Petitioner is
stated to be addicted to alcohol and he was not earning.
He was harassing the deceased mentally and physically
and there was a complaint by the deceased against the
petitioner given on 30.12.2022 registered in D.P. No.
344/2022. Petitioner was not providing provisions, was not
working and asking the deceased to go and work. On
06.07.2025 there was a quarrel between petitioner and
the deceased. Petitioner asked the deceased to go and find
a work and at that time petitioner had assaulted the
deceased with hands, made her to fall on the ground, kept
his legs on her neck, pressed it and caused her death.
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C.W.2 is the daughter of petitioner and the deceased and
she is eye witness to the incident.
7. Death of the deceased has taken place in the
house of the petitioner. There is no explanation of the
petitioner regarding the death of his wife. C.W.2 is the
daughter of petitioner and the deceased, aged 4 years,
and her statement has been recorded by the Investigating
Officer and Magistrate under Section 183 of BNSS. C.W.2
has specifically stated the overt act of this petitioner
assaulting the deceased and causing her death.
Postmortem report indicates that there were seven
external injuries over the dead body of the deceased.
8. Considering the above aspects, there is prima
facie case against the petitioner for offence alleged against
him. The offence alleged against the petitioner is
punishable with either death or imprisonment for life. If
the petitioner is granted bail, there are chances of he
threatening C.W.2, his daughter who is eye witness and
other prosecution witnesses. Considering the above
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aspects, petitioner has not made out any grounds for
grant of bail.
In the result of petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 16
Ct.sm
