- 1 - HC-KAR NC: 2025:KHC-D:14176 CRL.P No. 103809 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103809 OF 2025 (438(CRPC)/482(BNSS)) BETWEEN: SHRI GANESH S/O. KRISHNA GONDA, AGE. 28 YEARS, OCC. COOLIE, R/O. #352, HEJJILU, MARUKERI TALUK, TQ. BHATKAL, DIST. UTTAR KANNADA-581320. …PETITIONER (BY SRI VENKATESH M. KHARVI, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, THROUGH BHATKAL RURAL POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. 2. VICTIM, R/O. UTTARA KHARVIWADA, BELAMBAR, TQ. ANKOLA, DIST. UTTARA KANNADA-581320. …RESPONDENTS (BY SRI PRAVEEN Y. DEVAREDDI, HIGH COURT GOVERNMENT PLEADER FOR R1; NOTICE TO R2 IS SERVED, UNREPRESENTED.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 482 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO GRANT ANTICIPATORY BAIL TO THE Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14176 CRL.P No. 103809 of 2025 PETITIONER/ACCUSED NO.1 IN THE EVENT OF HIS ARREST IN BHATKAL RURAL P.S. CRIME NO.97/2025 DATED 03.08.2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 69, 89, 318(2) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner who is arraigned as accused No.1 in Crime No.97/2025 of the respondent, registered for the offences punishable under Sections 69, 89, 318(2), 190 of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution is that the victim was studying in B.Com and she was aged about 23 years. When she had been to attend bhajana program, she got acquainted with the petitioner. Thereafter, they developed intimacy with each other. The petitioner assured her that he would marry her and was taking her to the nearby places. It was perpetuating in the context of marriage, he took her to home stay and stayed there. There, he committed sexual assault on her. He had committed sexual intercourse on - 3 - HC-KAR NC: 2025:KHC-D:14176 CRL.P No. 103809 of 2025 several occasions and consequently, she became pregnant. Thereafter, on 15.07.2025, he took her to the hospital at Bhatkal by changing the name of the complainant as Akshata and got the miscarriage done. Thereafter, he refused to marry her. Therefore, she lodged a complaint against him. The case is under investigation. The petitioner approached this court seeking for bail. 3. Heard Sri Venkatesh M. Kharvi, learned counsel for petitioner and Sri Praveen Y. Devaraddi, learned High Court Government Pleader for respondent No.1 State. 4. It is the submission of the learned counsel for the petitioner that respondent No.2 made a false allegation against the petitioner. The alleged miscarriage had taken place at her instance. Moreover, she was loving him and it was one-sided love. When he refused to marry her, she filed a false complaint to take revenge against the accused/petitioner. Hence, bail may be granted by imposed suitable conditions. - 4 - HC-KAR NC: 2025:KHC-D:14176 CRL.P No. 103809 of 2025 5. Per contra, learned High Court Government Pleader submitted that the petitioner committed heinous offence against a woman on the pretext of false promise to marry. The statement recorded under Section 164 of Cr.P.C before the Magistrate would indicate that the complainant had supported the entire case. Therefore, it is not appropriate to grant bail. 6. Having heard the arguments of the learned counsels for the respective parties, perused the averments of the complaint it appears from the records that she is aged about 23 years and she was studying B.Com. It is noticed that she was acquainted with the petitioner. Thereafter they developed intimacy and he promised that he would marry her. However he did not marry her. Hence, a complaint was lodged against the petitioner. Though, it is stated that the name of complainant is Shilpa, however, the alleged miscarriage had taken place in another name namely Akshatha. - 5 - HC-KAR NC: 2025:KHC-D:14176 CRL.P No. 103809 of 2025 7. Having considered the facts and circumstances of the case, it is appropriate to grant bail by imposing suitable conditions. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner who is accused No.1 is ordered to be enlarged on bail in Crime No.97/2025 of respondent police, on executing his personal bond for a sum of ₹1,00,000/- (One Lakh Rupees) along with one surety for the like sum, to the satisfaction of the Trial Court. iii) The petitioner shall not threaten the prosecution witnesses. iv) The petitioner shall co-operate with the Investigating Officer for investigation, as and when required. - 6 - HC-KAR NC: 2025:KHC-D:14176 CRL.P No. 103809 of 2025 v) The petitioner shall appear before the Court on all hearing dates without fail. vi) The petitioner shall not commit any or similar offences till disposal of the case. In case, the petitioner violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 17