Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16527 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1. M KUMAR S/O MANJUNATHAPPA AGED ABOUT 47 YEARS R/AT GADDEMANE GANGAPARAMESHWARI ROAD BEHIND DHANALAKSHMI MILL SAGARA TALUK, SHIVAMOGGA- 577 401. …PETITIONER (BY SRI. SACHIN B S, ADVOCATE) Digitally signed by AND: LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF 1. THE STATE OF KARNATAKA KARNATAKA SAGARA TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.
2. SMT. GEETHA
W/O SANTHOSH AGED ABOUT 36 YEARS R/AT NEAR TAX OFFICE ROAD 2ND CROSS, ANALEKOPPA -2- SAGARA, SHIVAMOGGA KARNATAKA - 577 401. …RESPONDENTS (BY SRI HARISH GANAPATHY. HCGP FOR R1 R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME No.248/2025 REGISTERED BY THE SAGARA TOWN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 64(2)(m),89,3(5) OF BNS 2023 AND SECTION 9 OF THE POCSO ACT 2012 ON THE ADDL DISTRICT AND SESSIONS JUDGE, FTSC-I SHIVAMOGGA BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HON’BLE COURT MAY BE PLEASED TO IMPOSE.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 2 under
Section 482 of BNSS praying to grant anticipatory bail in Crime No. 248/2025 of Sagara town Police Station registered for offence under Sections 64(2)(m), 89, 3(5) of BNS and under Section 6 of POCSO Act. -3-
2. Heard learned counsel for petitioner and learned HCGP for respondent No. 1 - State. Inspite of service of notice respondent No. 2 remained absent and unrepresented.
3. Learned counsel for petitioner would contend
that allegation of rape is against accused No. 1. Allegation against the petitioner is that he took the victim girl and her parents to the Doctor for termination of pregnancy of the victim girl. Parents of the victim girl have consented for termination of pregnancy and therefore offence under Section 89 of BNS is not attracted. Accused Nos. 4 to 8 have been granted bail/anticipatory bail. Petitioner is ready to co-operate with the Police in investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition.
4. Per contra learned HCGP would contend that
petitioner had taken a minor girl to the Doctor, bribed the Doctor and got termination of pregnancy of the victim girl. The matter is still under investigation and petitioner is -4- required for custodial interrogation. With this, he prayed to reject the petition.
5. Having heard learned counsel for the parties the Court has perused the materials placed on record.
6. Allegation against the petitioner is that he had
taken the victim girl and her parents to the Doctor and bribed the Doctor for the termination of pregnancy of the victim girl. The Doctor has terminated the pregnancy of the victim girl with the consent of the parents of the victim. The parents of the victim girl are also arraigned as accused Nos. 7 and 8. Whether offence under Section 189 of the BNS is attracted against the petitioner or not is a matter of investigation and trial. There are no criminal antecedents of the petitioner. Petitioner has undertaken to cooperate with the Investigating Officer and abide by any conditions to be imposed by this Court.
7. Considering the above aspects petitioner has made out a case for a grant of anticipatory bail with conditions. -5-
8. In the result, the following;
ORDER
Petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No. following conditions: i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the Investigating Officer. ii) Petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) Petitioner shall cooperate with the Investigating Officer in investigation. iv) Petitioner shall appear before the Investigating Officer whenever called for. v) Petitioner shall not directly or indirectly make any inducement, threat or promise to -6- any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 10 Ct.sm