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Absence Of Bleeding Injury or Weapon Does Not Negate ‘Attempt To Murder’; Karnataka HC Holds Assault On Abdomen of Women In Advanced Pregnancy Attracts Sec 307 IPC

Santhosh Kumar vs State of Karnataka [Decided on September 17, 2026]

September 30, 2026

The Bar Bulletin

The Karnataka High Court (Bengaluru Bench) has held that where the victim was admittedly in an advanced stage of pregnancy and was allegedly assaulted on the abdomen, the mere absence of a bleeding injury or weapon, or the subsequent delivery of a healthy baby, does not take the case out of Section 307 IPC, and the case falls within the category of ‘attempt to murder’.

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A Single Judge Bench of Justice Anant Ramanath Hegde observed that the mere fact that the victim delivered a healthy baby about a month after the incident does not, by itself, lead to the conclusion that the alleged assault on the abdomen of a pregnant woman did not take place. Whether the incident occurred is a disputed question of fact that must be ascertained at trial, and the complainant’s denial of the petitioners’ version makes the matter squarely one requiring trial evidence.

Since it is not disputed that the victim was in an advanced stage of pregnancy at the time of the alleged incident, the alleged assault on her abdomen cannot be said to fall outside the purview of Section 307 IPC. The absence of a corresponding injury in the medical certificate, by itself, is not a ground to hold that the case is outside the ambit of Section 307 IPC.

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Briefly, the petitioners, Santhosh Kumar H.L, his parents Lokesh H.N and Jawaramma H.M, and his wife Saritha H.L, approached the High Court of Karnataka seeking to quash the charge sheet arising out of a crime registered at Kushalnagar Rural Police Station, Kodagu. The case was pending before the Additional District and Sessions Judge, Madikeri, and involved offences under Sections 498A, 307, 324, 323, 504 and 34 of the Indian Penal Code, 1860, read with Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The respondent No. 2 is Kavya C.S, wife of Santhosh Kumar B.L, who was allegedly pregnant at the time of the alleged assault. The petitioners had earlier moved a discharge application before the Trial Court but had withdrawn it before approaching the High Court under Section 482 CrPC. (now Section 528 BNSS).