The Karnataka High Court has ordered the release of a man remanded to judicial custody for allegedly kidnapping his wife, holding that no kidnapping offence was made out since the woman, a major, had voluntarily accompanied him. The Court ruled that the trial court erred in ordering remand in a case involving only bailable offences, reinforcing safeguards against mechanical detention.
The case arose from a complaint filed by a woman alleging that her married daughter had been abducted by her husband. Based on the complaint, offences under various provisions of the Bharatiya Nyaya Sanhita (BNS), including kidnapping, hurt, criminal intimidation and trespass, were invoked, and the trial court remanded the husband and another accused to judicial custody.
Challenging the remand, the husband contended that his wife was over 18 years of age, legally married to him, and had left her parental home of her own free will. He argued that the foundational ingredient of kidnapping was absent and that the offences cited were bailable, making custody unwarranted.
Justice M. Nagaprasanna found that the charge of kidnapping was misconceived in light of the admitted fact that the woman was a major and married to the accused. The Court observed, “If the said offence is wrongly laid, bail ought to have been granted… and not remand the petitioners to judicial custody.” It further held that since all invoked offences were bailable, the order of remand reflected a clear legal error. Terming the custody order unsustainable, the Court quashed the remand and directed the petitioner’s immediate release.
Case Title: Murali B.N. And Ors. Vs. State Of Karnataka And Anr.
Case No.: CRL.P No. 2898 of 2026
Coram: Hon'ble Mr. Justice M.Nagaprasanna,
Advocate for the Petitioner: Adv. Hemantha B.,
Advocate for the Respondent: ADDL. SPP. B.N. Jagadeesha,
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