Remand Illegal When Offences Are Bailable: Karnataka High Court Quashes Man's Custody For Allegedly Kidnapping Wife

The Karnataka High Court has directed release of a man sent to judicial custody by the trial court for allegedly kidnapping his wife, after noting that admittedly his major wife had voluntarily gone with him and thus the offence was wrongly invoked.

Noting that the offences invoked were bailable, the court said that the trial court had erred in sending the petitioner to judicial custody.

The court was hearing a man's plea challenging a trial court order remanding him and another person to judicial custody for offences punishable under Sections 115(2)(Voluntarily causing hurt), 137(2)(Kidnapping), 351(2)(criminal intimidation), 3(5) (common intention) and 329(4) (Criminal trespass and house-trespass) BNS.

The petitioner no.1 is the son-in-law of the complainant. The complainant alleged that her daughter who is the wife of petitioner No.1 has been kidnapped by him. The counsel for the petitioner submitted that petitioner No.1 and daughter of the complainant are married and, she on her own volition went to the petitioner's house.

Justice M Nagaprassana in his order said:

"What is alleged in the case at hand is the offence punishable under Section 363 of the IPC. It is an admitted fact that the daughter of the complainant is beyond 18 years and has married accused No.1. In that light, the offence of Section 363 of the IPC is wrongly laid against the petitioners. If the said offence is wrongly laid, bail ought to have been granted in the aforesaid offence and not remand the petitioners to judicial custody"

The court said that the petitioners are entitled to the benefit of release as the offences were all bailable.

"Since the offences were bailable, there could not have been order of remand to judicial custody of the petitioners. In the light of offences being bailable, a remand to judicial custody could not have passed by the concerned Court. Therefore, there is an error apparent," the court added.

Allowing the petition the court quashed the remand order and directed the release of the petitioner.

Case title: MURALI B.N & Anr. v/s STATE OF KARNATAKA & Anr.

CRIMINAL PETITION NO. 2898 OF 2026

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