- 1 - NC: 2025:KHC:1368 CRL.P No. 12426 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12426 OF 2024 BETWEEN: MRS. SAPNA SUNNY MAHIPAL, W/O SUNNY MAHIPAL, AGED ABOUT 39 YEARS, R/AT FLAT NO.F2, SAI GARDENIA APARTMENT, NO. 89, BYADARAHALLI, BENSON TOWN, BENGALURU - 560 046. …PETITIONER (BY SRI. SHRIVATSA, ADVOCATE) AND: 1. MR. SUNNY MAHIPAL, S/O MAHIPAL B, AGED ABOUT 34 YEARS, R/AT FLAT NO.102, 1ST FLOOR, PLATINUM CASTLE APARTMENTS, 3RD MAIN ROAD, OMBR LAYOUT, BANASWADI, BENGALURU - 560 046. 2. STATE OF KARNATAKA BY H.A.L POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENTS (BY SRI. MAHABALESHWAR CHITRIGEMATH, ADVOCATE FOR R1; SRI. HARISH GANAPATHY, HCGP FOR R2) THIS CRL.P IS FILED U/S 439(2) OF CR.PC (FILED U/S 483 (3) BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.09.2024 PASSED BY THE LEARNED LXXI ADDL.CITY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1368 CRL.P No. 12426 of 2024 CIVIL AND SESSIONS JUDGE BENGALURU CITY IN CRL.MISC.NO.7016/2024 AND THEREBY CANCEL THE PRE- ARREST BAIL GRANTED TO THE RESPONDENT NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / defacto complainant has preferred this petition seeking cancellation of bail granted to the accused/respondent No.1 by the learned Sessions Judge vide order dated 18.09.2024. 2. Heard both sides and perused the material on record. 3. First Information Report is registered against accused/respondent No.1 on a complaint lodged by the petitioner herein in Crime No.600/2024 of H.A.L Police Station, Bengaluru City, for offences punishable under Section 115(2), 118(1), 351(2), 351(3) and 85 of the BNS 2023. 4. In brief, the complaint allegations are that the petitioner and the accused got acquainted with each other - 3 - NC: 2025:KHC:1368 CRL.P No. 12426 of 2024 in February 2024 through Social Media. In view of physical relationship between them, complainant became pregnant. As there was some quarrel, NCR came to be registered at J.C.Nagar Police Station on 15.06.2024. On the same day, accused married the complainant at Shiva temple in R.T. Nagar. However, accused was not visiting the house of the complainant and therefore, on 22.07.2024 at about 09:00 p.m., she went to his house and during a conversation, accused picked up quarrel and assaulted on her stomach and also caused injuries to her with a knife etc. 5. It is the contention of the learned counsel that the complainant was pregnant at the time of incident and on account of the assault, she suffered mis-carriage and therefore, the police have given a requisition to the Court to incorporate Section 89 of BNS 2023. He contended that the said offence is heinous in nature and therefore, bail granted to the accused is liable to be cancelled. - 4 - NC: 2025:KHC:1368 CRL.P No. 12426 of 2024 6. Learned Sessions Judge has enlarged the accused on bail by imposing several conditions. The ground on which the petitioner is seeking cancellation of bail is that subsequent to registration of the case, Section 89 of the BNS 2023 has been invoked and therefore, there are serious allegations against the accused. 7. It is well settled that bail already granted cannot be cancelled unless exceptional circumstances are made out. It is not the case of petitioner that the impugned order granting bail to the petitioner suffers from any illegality. On the other hand, the bail is sought to be cancelled on the ground of invocation of more serious offence during investigation. 8. It is submitted by the learned counsel for the petitioner that invocation of Section 89 of the BNS, 2023 was brought to the notice of the Sessions Court. However, this Court finds no reference to the same in the impugned order. - 5 - NC: 2025:KHC:1368 CRL.P No. 12426 of 2024 9. The learned Sessions Court has the power to cancel the bail granted by it under Section 483(3) of the BNSS, in a fit case and if sufficient grounds are made. 10. Considering that the learned Sessions Judge has not taken into consideration the inclusion of Section 89 of the BNS 2023, while passing the bail order, the petitioner can be permitted to file a petition for cancellation of bail before the learned Sessions Judge. 11. Giving liberty to the petitioner to move the Sessions Court for cancellation of bail, petition is disposed of. 12. The learned Sessions Judge shall pass necessary orders in accordance with law, if any such petition seeking cancellation of bail is filed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC: List No.: 1 Sl No.: 28 CT: BHK