- 1 - HC-KAR NC: 2025:KHC:47757 CRL.P No. 14829 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14829 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MRS DEESHMA G D/O GOPALAKRISHNAN K AGED ABOUT 31 YEARS RESIDING AT No.47, NANDHANAM PUTTARAJU LAYOUT, KALKERE VILLAGE BANNERGHATTA ROAD BANGALORE - 560 083. 2. MR JAGANATHAN S/O MR SOMANATHAN RESIDING AT No.18, PILLIAR KOVIL STREET NEAR GOVT. HOSPITAL PALLAVARAM, CHENNAI TAMIL NADU – 600 043. …PETITIONERS (BY SMT. RASHMI GEORGE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY BANNERUGHATTA P.S. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47757 CRL.P No. 14829 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION FOR ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS NOs.1 AND 2/ACCUSED Nos.1 AND 2 ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH FIR IN CR.No.164/2025 DTD 14.06.2025 IN BANNERGHATTA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 111(3) AND 88 OF THE BNS. 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 Nos.1 and 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.164/2025 of Bannerghatta Police Station registered for offences under Section 111(3) and 88 of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that on perusal of entire averments of the complaint, the ingredients of offence under Section 111(3) of BNS are not - 3 - HC-KAR NC: 2025:KHC:47757 CRL.P No. 14829 of 2025 attracted. There is no organized crime and the petitioners are not accused persons in any of earlier criminal cases. There is a dispute between accused No.1 and her husband/first informant with regard to custody of 3 year old child and as first informant violated Court order, case has been registered against him. In order to take revenge, the first informant has filed a false complaint against the petitioners. The petitioners are ready to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. With these she prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that several notices have been served on the petitioners and they have not appeared for investigation. There is an allegation of extra marital affairs between petitioners and there are exchange of messages, video calls etc. Petitioners are required for interrogation. With these she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:47757 CRL.P No. 14829 of 2025 5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record. 6. The first informant is the husband of petitioner No.1/accused No. 1. There is an allegation that this petitioner No.1 is having an extra marital affair with petitioner No.2. The other allegation is that petitioner No.2 on coming to know that petitioner No.1 became pregnant, he secured the pills for abortion and made petitioner No.1 to consume and resulted in abortion. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. Whether the offence under Section 111(3) of BNS is attracted or not is a matter of investigation and filing of final report. The petitioner No.1 is a woman. 7. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. In the result, the following: - 5 - HC-KAR NC: 2025:KHC:47757 CRL.P No. 14829 of 2025 ORDER Petition is allowed. The petitioners are ordered to be released on bail, in the event of their arrest, in Crime No.164/2025 of Bannerghatta Police Station, subject to following conditions: (i) The petitioners shall voluntarily appear before the IO within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with one surety for the like sum to the satisfaction of the IO. (ii) The petitioners shall co-operate with the IO in the investigation. (iii) The petitioners shall appear before the IO whenever called for. (iv) 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 - 6 - HC-KAR NC: 2025:KHC:47757 CRL.P No. 14829 of 2025 to the court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 19 Ct.sm