- 1 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1703 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHIVA PRASAD H S/O HAGADURAPPA, AGED ABOUT 32 YEARS, R/AT #21, IMMADIHALLI, NEAR HAGADUR BBMP OFFICE, WHITEFIELD, BANGALORE NORTH, BANGALORE – 560 066 …PETITIONER (BY SRI. BHADRAVADI SIDDESWARA.,ADVOCATE) AND: THE STATE OF KARNATAKA BY WOMEN POLICE STATION, WHITEFIELD DIVISION. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 (THROUGH THE S.P.P., HIGH COURT PREMISES, BENGALURU - 560 001). …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT HIM THE RELIEF OF REGULAR BAIL FOR THE OFFENCES P/U/S 69, 89, 115(2), AND 351(2) READ WITH SECTION 3(5) OF THE BNS 2023 REGISTERED BY THE STATION HOUSE OFFICER WOMEN POLICE STATION WHITEFIELD DIVISION BENGALURU, IN CRIME NO.01/2026 PENDING IN 29TH ADDL.CMM, BANGALORE AND THEREBY, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 ORAL ORDER 1. The petitioner/accused No.1 is before this Court seeking for grant of regular bail in Crime No.1/2026, pending on the file of XXIX Addl. CMM Court, Mayohall, Bangalore City for the offences punishable under Sections 69, 89, 115(2), and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. Brief facts of the case: 2. The case of the prosecution is that the complainant came into contact with the petitioner on 17.09.2025 at Atal Bihari Vajpayee Park. Both of them developed intimacy. It is alleged that the petitioner had committed sexual intercourse with the complainant on the pretext of marriage. As a result of repeated sexual contact, she became pregnant. After coming to know that she became pregnant, the petitioner has changed his attitude. All the family members including friends of the petitioner threatened her that she should undergo abortion. On 21.12.2025, she was administered tender coconut along with medicine which got the pregnancy terminated. After the miscarriage, she had undergone D and C procedures. As a - 4 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 result of which, she had been deserted. Hence, she lodged a complaint against the petitioner. 3. Based on the said complaint, the respondent police registered a case in Cr.No.1/2026 against the petitioner and the investigation is under progress. 4. Heard Sri. Vivek Subba Reddy, learned Senior Advocate for Sri. Bhadravadi Siddeswara, learned counsel for the petitioner and Smt. Anitha Girish N, learned HCGP for respondent-State. 5. It is the submission of learned counsel for the petitioner that a false case has been registered against the petitioner and he is innocent of the alleged offences. In fact, on 17.09.2025, the petitioner had met with the complainant and engaged in a casual conversation. However, the complainant actively persuaded the petitioner and she insisted the petitioner to have dinner on the same day. It is further stated that on 19.09.2025, the complainant insisted to go for long drive. During the said drive. he was having a casual interactions. The petitioner has never promised her that he would marry her. - 5 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 However, the complainant voluntarily and mutually agreed to have sexual intercourse. Later, she pressurised the petitioner to marry her. As he has refused to marry her, a false complaint has been registered against the petitioner to pressurise him for the marriage. 6. It is further submitted that the petitioner is permanent resident of Immadihalli. He is the sole earning member of the family. He will abide the condition imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that the averments of the complaint would clearly indicate that the petitioner had induced the victim and also promised her that he would marry her. In that promise, he had committed sexual intercourse on several occasions, consequently, she became pregnant. Thereafter, the pregnancy was got terminated. Hence, he refused to marry her. The manner in which, he has committed sexual intercourse on the pretext of marriage - 6 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 certainly would be punishable under the relevant provisions. There is clear evidence that he has committed sexual intercourse and caused a miscarriage. Therefore, it is not appropriate to grant him bail not only in the interest of the victim but also in the interest of Society at larege. Hence, the petition has to be rejected. Making such submissions, learned HCGP prays to reject the petition. 8. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it would indicate that on 17.09.2025, the complainant met with the petitioner and thereafter, they developed intimacy with each other. It is alleged that the petitioner had committed sexual intercourse with her on several occasions on the pretext of marriage. Later, on 21.12.2025, the pregnancy got terminated at the instance of the petitioner. However, a complaint came to be registered on 06.01.2026, the manner in which the victim lodged a complaint against the petitioner and also the delay in lodging the complaint clearly goes in favour of the petitioner. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing - 7 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.1/2026, pending on the file of XXIX Addl. CMM Court, Mayohall, Bangalore City for the aforesaid offences on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 8 - HC-KAR NC: 2026:KHC:14779 CRL.P No. 1703 of 2026 (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS/- List No.: 1 Sl No.: 33