PUNITH S/O BALAPPA GIRANI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16817
CRL.P No. 102376 of 2026
CNR: KAHC020164912026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102376 OF 2026
(439(CR.PC)/483(BNSS)
BETWEEN:
PUNITH S/O BALAPPA GIRANI
AGE: 30 YEARS,
R/O. PADAGANUR, TQ: SINDAGI,
DIST: VIJAYAPUR-586127.
… PETITIONER
(BY SRI. B.D. NARASAGOND, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH, DHARWAD,
THROUGH VIDE JAMKHANDI POLICE STATION,
DIST: BAGALKOTE-587301.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS,
2023, PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON
REGULAR BAIL IN RESPECT S.C.NO. 5043/2025 PENDING BEFORE
THE IST ADDL. DISTRICT AND SESSION JUDGE SITTING AT
JAMKHANDI IN JAMKHANDI P.S. CRIME NO. 98/2024, OFFENCE
PUNISHABLE UNDER SECTION 103(1), 351 (2) OF BNS 2023.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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HC-KAR
NC: 2026:KHC-D:16817
CRL.P No. 102376 of 2026
CNR: KAHC020164912026
ORAL ORDER
Heard Sri. B.D.Narasagond, learned counsel for the
petitioner and Sri. Jairam Siddi, learned HCGP for the
respondent – State.
2. The petitioner/accused has filed this petition
under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
2023 (Section 439 of Cr.P.C.) seeking to enlarge him on
regular bail in S.C. No.5043/2025, in connection with
crime No.98/2024 of Jamkhandi Police Station, registered
for the offences punishable under Sections 103(1), 351 (2)
of Bharatiya Nyaya Sanhita, 2023, pending on the file of
the I Additional District and Sessions Judge Sitting at
Jamkhandi.
3. The brief facts of the prosecution case in
nutshell are as under:
The petitioner and the respondent are husband and
wife, and they were residing in Bengaluru. The petitioner
has been working as a driver. Thereafter, they returned to
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HC-KAR
NC: 2026:KHC-D:16817
CRL.P No. 102376 of 2026
CNR: KAHC020164912026
Jamkhandi and started residing in a rented house along
with their children. On 11.10.2024, at about 9.30 p.m,
petitioner took quarrel with his wife and there is criminal
intimidation to kill her, on the premise that she should
accompany the petitioner to Bengaluru for employment
purpose. She declined to accompany him. On the same
day, at about 11.30 p.m., the petitioner held her neck and
pushed her to the wall. She became unconscious and
succumbed to the head injuries. Hence, the defacto
complainant lodged the complaint, which led to the
registration of an FIR and initiation of investigation. During
the course of investigation, the petitioner was arrested
and in turn he was remanded to judicial custody.
4. The learned counsel for the petitioner/accused
vehemently contended that the petitioner is innocent. He
has not committed any offence as alleged by the
prosecution and he has been falsely implicated in the case.
There are no overt act alleged against the petitioner and
nothing has been recovered from him. The only allegation
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HC-KAR
NC: 2026:KHC-D:16817
CRL.P No. 102376 of 2026
CNR: KAHC020164912026
against the petitioner is that suddenly he took quarrel with
his wife and pushed her to a wall, thereby she sustained
head injury and succumbed to the head injury. There is no
intention on the part of the petitioner to murder his wife.
Now, the investigation is completed, and the Investigating
Officer has already filed a charge-sheet against the
accused, and there is no necessity of the petitioner to
continue in judicial custody. The petitioner had two
children to look after, and is ready to abide by the
conditions to be imposed by this Court. Hence, learned
counsel for the petitioner prays to allow the petition.
5. Per contra , learned HCGP would contend that
there is prima-facie material against the petitioner. The
petitioner has committed heinous offence of murdering his
wife. If the accused is released on bail, he would tamper
with the prosecution witnesses and hamper the
investigation. Hence, learned HCGP prays to dismiss the
bail petition.
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CRL.P No. 102376 of 2026
CNR: KAHC020164912026
6. On perusal of the material available on
record, it appears that there was a quarrel between the
husband and wife in connection with their employment,
and in the said quarrel, the petitioner pushed her wife to
the wall. Thus, she sustained head injury. The perusal of
the postmortem report shows that, the cause of death is
due to skull injury. Admittedly, there are no eyewitnesses
to the incident and the prosecution is not able to place any
last scene witness. No recovery is done at the instance of
the accused. As per the material available on record, it
clearly demonstrates that in a heat of passion, the incident
occurred and he pushed wife to the wall, thereby she
sustained head injury.
7. Learned counsel for the petitioner vehemently
contended that there was no intention on the part of the
petitioner/accused to cause such injury to his wife. Hence,
mens rea is absent in this case. At the most, the case
projected by the prosecution falls within the purview of
Section 105 of BNS, i.e., culpable homicide not amounting
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CRL.P No. 102376 of 2026
CNR: KAHC020164912026
to murder. No overt act is attributed against the
petitioner, and there are no eyewitnesses to the incident.
The fact that the petitioner had two children who are
tender in age and the fact that the investigation is
completed and the Investigating Officer has already filed
the charge sheet. Under these circumstances, the
petitioner is entitled for regular bail. Accordingly, the
following:
ORDER
allowed
The criminal petition is .
The petitioner-accused is ordered to be enlarged on
bail in S.C. No.5043/2025, in connection with crime
No.98/2024 of Jamkhandi Police Station, registered for the
offences punishable under Sections 103(1), 351 (2) of
Bharatiya Nyaya Sanhita, 2023, pending on the file of the
I Additional District and Sessions Judge Sitting at
Jamkhandi, on he executing personal bond in a sum of
Rs.2,00,000/- with two sureties for the like sum to the
satisfaction of the trial court, subject to the following
conditions:
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NC: 2026:KHC-D:16817
CRL.P No. 102376 of 2026
CNR: KAHC020164912026
(i) The petitioner shall not threaten or tamper
the prosecution witnesses either directly or
indirectly.
(ii) The petitioner shall attend the trial Court
regularly as and when required.
(iii) The petitioner shall not involve in the
similar or any other offences.
Violation of any one of the conditions, would entitle
the prosecution to seek for cancellation of the bail.
The observations made in the petition is only for
disposal of the petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MBS
CT:GSM
LIST NO.: 1 SL NO.: 12