- 1 - HC-KAR NC: 2026:KHC:25449 CRL.P No. 12376 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12376 OF 2025 BETWEEN: P. SHASHIKALA AGED ABOUT 29 YEARS D/O. PICHANDI NO.256, 8TH MAIN ROAD BYE-PASS ROAD SREENIVASAN NAGAR SUNKADAKATTE BENGALURU - 560 091. …PETITIONER (BY SRI INIYAVAN, ADV.) AND: 1. STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 (CRIME NO. 238 OF 2024) 2. MUZAMMIL AGED ABOUT 29 YEARS S/O SALIM R/AT NO.1/66, NAIDU STREET VEPPANGUPPPAM, VELLORE TAMIL NADU-632 107. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS ILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO CANCEL THE BAIL APPLICATION GRANTED BY THIS HONBLE HIGH COURT IN CRIMINAL PETITION NO.8466/2024 DATED ON 02.09.2024 BY THE WAY OF NON-COMPLIANCE WITH Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25449 CRL.P No. 12376 of 2025 BAIL CONDITIONS ON CONSIDERING THE GROUNDS STATED IN THIS PETITION FOR CANCELLATION OF BAIL OR OTHERWISE THE PETITIONER WILL BE PUT TO GREAT LOSS AND MUCH HARDSHIP OR THIS HONBLE COURT ORDER MAY DEEM FIT AND PROPER AND THUS RENDER JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This Criminal Petition under Section 483(3) of BNSS, 2023, is filed by the defacto complainant with a prayer to cancel the regular bail granted to respondent No.2, who is the sole accused in Crime No.238/2024 registered by Kamakshipalya Police Station, Bengaluru, for the offences punishable under Sections 376 and 420 of IPC. 2. Heard the learned counsel for the petitioner and the learned HCGP appearing on behalf of respondent No.1 - State. 3. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that respondent No.2/accused has violated the bail conditions. He has telephoned the petitioner and has criminal intimidated her. He - 3 - HC-KAR NC: 2026:KHC:25449 CRL.P No. 12376 of 2025 submits that respondent No.2 is residing with his wife at Tamilnadu and thereby he has left the jurisdiction of the Trial Court without its permission. He also submits that respondent No.2/accused has not been appearing before the Trial Court on regular dates of hearing. 4. Perusal of the material on record would go to show that FIR in Crime No.238/2024 was registered by Kamakshipalya Police Station, Bengaluru, against the accused/respondent no.2 herein based on the first information dated 04.06.2024 received from the defacto complainant/petitioner, who is the alleged victim in the present case. During the course of investigation, accused/respondent No.2 was arrested in the present case on 09.07.2024 and remanded to judicial custody. Material on record would go to show that petitioner and respondent No.2 were acquainted to each other from the year 2018 onwards. Petitioner, who was earlier married to one Mr. Hari in the year 2014 subsequently divorced her husband and thereafter, it appears that she had a relationship with respondent No.2. According to the petitioner, respondent No.2 had promised to marry her and on 05.02.2022, he allegedly - 4 - HC-KAR NC: 2026:KHC:25449 CRL.P No. 12376 of 2025 had forcible sexual intercourse with her. Even according to the petitioner, she had continued her relationship with respondent No.2/accused after 05.02.2022 and they had sexual intercourse even thereafter. It appears that on 13.05.2024, respondent No.2 had married another lady by name Nazia Babu and it is only thereafter, first informant approached the police and submitted a complaint based on which, FIR in Crime No.238/2024 was registered for the aforesaid offences. 5. Considering the fact that petitioner and respondent No.2 had a relationship for a considerable period of time and only after respondent No.2 had married another lady, petitioner had approached the police, this Court has granted regular bail to respondent No.2 in Crl.P.No.8466/2024 by order dated 02.09.2024. It is not in dispute that after the petitioner was granted bail, police have completed investigation and have filed charge sheet against him. There is no allegation against the accused that he had not co-operated for investigation. Though the petitioner has alleged that respondent No.2/accused is not appearing before the Trial Court on the regular dates of hearing and he is also not residing within the jurisdiction of the Trial - 5 - HC-KAR NC: 2026:KHC:25449 CRL.P No. 12376 of 2025 Court, no material is produced before this Court to substantiate such an allegation. Petitioner has not even produced the order sheet of the Trial Court to show that respondent No.2/accused is not appearing before the Trial Court on regular dates of hearing. 6. Material on record would go to show that after respondent No.2 was enlarged on bail, petitioner had gone to Tamilnadu to meet him after he allegedly had summoned her with a promise to marry her. According to the petitioner, on the said date, respondent had compelled the petitioner to withdraw the criminal case registered against him. Even though petitioner has alleged that she had received multiple calls from respondent No.2/accused threatening her with dire consequences in the event she does not withdraw the case, no material is produced before this Court even to substantiate such an allegation. It is trite that a bail granted to an accused cannot be cancelled unless it is found that accused has violated the bail conditions or that he had misrepresented before the Court. No supervening circumstances which warrants cancellation of bail is pointed out in the present case. Under the - 6 - HC-KAR NC: 2026:KHC:25449 CRL.P No. 12376 of 2025 circumstances, I do not find any good ground to entertain this petition. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN