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2026 Supreme(Online)(Kar) 9787
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S Rachaiah, J
MR. R. SRIRAMA – Appellant
Versus
STATE OF KARNATAKA BY – Respondent
CRIMINAL PETITION NO. 16433 OF 2025
For the Appellants/Petitioners: Anjan Kumar C R
For the Respondents: Asna Kasev
Anticipatory bail may be denied in cases of domestic violence involving gruesome assaults and severe injuries, where the gravity of the offense and the risk of recidivism outweigh the petitioner's plea for bail.
Headnote:The petitioner sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to offenses registered under Sections 85, 115(2), 118(1), 351(2), 352 read with Section 3(5) of the Bharatiya Nayay Sanhita, 2023. The prosecution alleged that the petitioner assaulted his wife and father-in-law with an iron rod, causing bleeding injuries to their limbs and forehead, following disputes over suspected infidelity. The court noted the severity of the injuries and the nature of the attack. The primary issue was whether the petitioner was entitled to anticipatory bail given the gravity of the alleged offense. The court reasoned that the manner of the assault, described as a gruesome act, indicated a high degree of violence and a potential risk of committing further similar or more severe offenses, thereby making the grant of bail inappropriate in the interest of witness welfare. The petition stands rejected.
Digitally signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High Court of Karnataka
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CR NO.0163/2025 FOR ALLEGED OFFENCES UNDER SECTIONS 85, 115(2), 118(1), 351(2), 352 READ WITH SECTION 3(5) OF BNS REGISTERED BY THE RESPONDENT/MADHUGIRI POLICE STATION, MADHUGIRI TUMAKURU NOT PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM, MADHUGIRI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
The petitioner/accused No.1 has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking for anticipatory bail in the event of his arrest in Crime No.163/2025 of Madhugiri Police Station registered for the offences punishable under Sections 85 , 115(2), 118(1), 351(2), 352 read with Section 3(5) of Bharatiya Nayay Sanhita, 2023 .
The case of the prosecution is that the daughter of the complainant had married the accused ten years ago, and she was working as a Staff Nurse in Madhigiri Government Hospital since 2019. The couple had children, and they were residing in a rented house located at Chowdeshwari Gudi Beedhi. There was a difference of opinion between the couple for the first six months. They were fighting with each other. A panchayat was held, and advice was given to both of them to lead proper life. The complainant was residing along with his daughter Madhugiri. The son-in-law of the complainant had been to his native fifteen days ago. Therefore, the complainant and his daughter and grandchildren had been to their native on 10.11.2025. They returned to Madhugiri. After sending his daughter and grandchildren, the complainant went to hotel to bring breakfast. After taking breakfast around about 09.00 a.m., he went to the house and saw that his daughter Ranjitha had sustained beeding injuries to both hands and legs, and she was lying on the floor. The petitioner, after seeing the complainant, started abusing and scolding him. Thereafter, he allegedly assaulted the complainant with iron rod on his hands, legs, and forehead, causing bleeding injuries. Thereafter, he left the place after threatening them with dire consequences. Thereafter, they went to the Government Hospital for treatment. After taking treatment, a complaint came to be lodged before the respondent–police against the petitioner.
The submission of the learned counsel for the petitioner is that petitioner is innocent of alleged offence, he has been falsely implicated in this case. In fact, the daughter of the complainant was working as a Staff Nurse, and there was a quarrel in the house between the petitioner and his wife/Ranjitha in connection with illicit relationship with another person. Differences had arisen between the couple. On the date of the alleged incident, the petitioner, being enraged by the conduct of his wife, is stated to have assaulted her. However, he had no intention to commit any harm or injury to her in any manner. The petitioner is the permanent resident of Parusharampura Hobli, Chitradurga District. He will abide the conditions to be imposed by this Court. Making such submission, he prayed to allow the petition.
Per contra, the learned Additional State Public Prosecutor for the respondent/State vehemently submitted that it is an admitted fact that the injured/Ranjitha is the wife of the petitioner. There was a constant dispute between the petitioner and his wife in respect of suspected fidelity. A panchayat was held, wherein the couple were advised to lead a smooth and harmonious life. However, the petitioner, being a husband, allegedly assaulted his wife and caused bleeding injuries to her hands and legs. He also assaulted the complainant, who is his father-in-law, with an iron rod and caused bleeding injuries. The
