- 1 - HC-KAR NC: 2025:KHC:50139 CRL.P No. 14880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14880 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. PALLAVI D/O PARAMESH, AGED ABOUT 38 YEARS, MUDIGERE, CHIKKAMAGALURU DISTRICT-577210 &PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADVOCATE) AND: 1. STATE BY THE PSI, BYATARAYANAPURA POLICE STATION, BENGALURU CITY, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001 &RESPONDENT (BY Smt. B PUSHPALATHA, ADDL.SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50139 CRL.P No. 14880 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST BY THE RESPONDENT BYATARAYANAPURA POLICE IN FIR CR.NO.286/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 4 OF THE MEDICAL TERMINATION OF PREGNANCY ACT 1971 AND UNDER SECTION 91 READ WITH 3(5) OF BNSS 2023 PENDING BEFORE THE 46TH A.C.M.M BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.6 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.286/2025 of Byatarayapura Police Station registered for the offences punishable under Section 4 of Medical Termination of Pregnancy Act, 1971, and Section 91 read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. - 3 - HC-KAR NC: 2025:KHC:50139 CRL.P No. 14880 of 2025 3. The learned counsel for petitioner would contend that, the offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner had gone to the hospital for getting an employment on the date of incident, and she has been falsely implicated. The petitioner is not a doctor, and she is a nursing diploma holder. The petitioner has not given any pills to the victim as alleged. The petitioner is ready to cooperate with the Investigating Officer in the investigation, and abide by any conditions to be imposed by this Court. The petitioner is a woman. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the petitioner even though not qualified to practice as a doctor, she is practicing as a doctor in the team of persons, who undertake determination of sex and abortion. The petitioner is stated to have given pills to the victim for abortion. The offence alleged against the - 4 - HC-KAR NC: 2025:KHC:50139 CRL.P No. 14880 of 2025 petitioner is punishable with imprisonment for life, which may extend to ten years. The matter is under investigation. The petitioner is required for interrogation. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. The petitioner is a woman. She is a nursing diploma holder. The allegation against the petitioner in the complaint is that, she gave pills to the victim for abortion and participated in the abortion process of the victim. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is a woman and she has undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. - 5 - HC-KAR NC: 2025:KHC:50139 CRL.P No. 14880 of 2025 7. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of her arrest in Crime No.286/2025 of Bayatarayanapura Police Station registered for the offences punishable under Section 4 of Medical Termination of Pregnancy Act, 1971, and Section 91 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. a) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2025:KHC:50139 CRL.P No. 14880 of 2025 b) The petitioner shall co-operate with the Investigating Officer in investigation and appear before the Investigating Officer whenever called for. c) The petitioner shall not directly or indirectly make any inducement, threat or promise to 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 evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 9