- 1 - HC-KAR NC: 2026:KHC:29439 CRL.P No. 6448 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6448 OF 2026 BETWEEN: SHIVAKUMAR NAYAK S/O GOPAL NAYAK AGED 30 YEARS R/AT KUDINEER KATTE KAMBANI HATTI VILLAGE HOLALAKERE TALUK, CHITHRADURGA PRESENTLY R/AT 32ND BMTC DIPO CHANDAPURA, ANEKAL TALUK BENGALURU - 560 081. …PETITIONER (BY SRI R. SHASHIDHARA, ADV.) AND: THE STATE OF KARNATAKA BY SURYANAGARA POLICE STATION BENGALURU RURAL DISTRICT REP. BY SPP, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO PASS APPROPRIATE ORDERS BY ENLARGING THE PETITIONER ON BAIL IN FIR BEARING CRIME NO.423/2025 S.C.NO.5011/2026 REGISTERED BY RESPONDENT POLICE i.e., SURYANAGAR POLICE STATION PRODUCED VIDE ANNEXURE A, WHEREIN PETITIONER IS ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE P/US/ 82,85,91,115(2),351(2),352 OF BNS ACT 2023, PENDING ON THE FILE OF THE HONBLE 3rd ADDL DISTRICT AND SESSIONS JUDGE, AT ANEKAL BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29439 CRL.P No. 6448 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.5011/2026 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.423/2025 registered by Surya Nagar Police Station, Bengaluru, for the offences punishable under Sections 82, 85, 91, 115(2), 351(2) and 352 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.423/2025 was registered by Surya Nagar Police Station, Bengaluru, initially for the offences punishable under Sections 85, 91, 115(2), 351(2) and 352 of BNS, 2023, against the petitioner herein, based on the first information dated 19.10.2025 received from Sushmitha J. Shetty, who is the wife of the petitioner herein. During the course of investigation, petitioner was arrested in the present case on 20.11.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail - 3 - HC-KAR NC: 2026:KHC:29439 CRL.P No. 6448 of 2026 application filed before the Trial Court in SC No.5011/2026 was rejected on 18.03.2026. Therefore, he is before this Court. 4. In the first information dated 19.10.2025, submitted by petitioner's wife - Smt. Sushmitha J. Shetty, she has stated that petitioner suppressing his earlier marriage had proposed to marry her and had sexual intercourse with her. As a result, she had conceived and her pregnancy was terminated at the instance of the petitioner. Subsequently, on 28.06.2025, petitioner married her and they started residing together in a rented premises. On 17.10.2025, petitioner allegedly had quarreled with her and also assaulted her with his hands and legs and thereafter, escaped from the house. The victim was thereafter taken to a Hospital and based on her statement, FIR in the present case was registered against the petitioner. 5. The victim has not suffered any injury in the incident that had taken place on 17.10.2025. The allegation against the petitioner is that he had assaulted the victim on 17.10.2025 with his hands and legs. Insofar as the allegation of abortion of pregnancy which would attract Section 91 of BNS, 2023 is concerned, the said allegation relates to the incident which is - 4 - HC-KAR NC: 2026:KHC:29439 CRL.P No. 6448 of 2026 much prior to the date of marriage between the petitioner and the victim. After the said abortion, petitioner and victim got married and they were living together as husband and wife. Undisputedly, petitioner has no other criminal antecedents. He is in custody from 20.11.2025. The alleged offences are not punishable with death or life imprisonment. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail, needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5011/2026 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, arising out of Crime No.423/2025 registered by Surya Nagar Police Station, Bengaluru, for the offences punishable under Sections 82, 85, 91, 115(2), 351(2) and 352 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2026:KHC:29439 CRL.P No. 6448 of 2026 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 81