- 1 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6875 OF 2026 BETWEEN: ONKARMURTHY J., S/O JADIYAPPA, AGED ABOUT 29 YEARS, R/O NO.251, MADADAKERE VILLAGE AND POST, HOSADURGA TALUK, CHITRADURGA DISTRICT - 573 101. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HOSADURGA P.S., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. S.P.P.) THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 NO.152/2026 (PENDING ON THE FILE OF THE LD PRL.CIVIL JUDGE AND JMFC COURT AT HOSADURGA CHITRADURGA DISTRICT) REGISTERED BY HOSADURGA POLICE STATION CHITRADURGA DISTRICT FOR THE OFFENCES P/U/S 64, 352, 126(2), 74, 115(2), 351(2) R/W 3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.152 of 2026 registered by Hosadurga Police Station, Chitradurga District, for the offences punishable under Section 64, 352, 126(2), 74, 115(2), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS', 2023), is before this Court in this Criminal Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned Addl. SPP appearing on behalf of the respondent - State. - 3 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 3. FIR in Crime No.152 of 2026 was registered by Hosadurga Police Station, Chitradurga District, for the aforesaid offences against the petitioner and his family members, based on the first information dated 08.03.2026 received from the victim girl aged about 24 years. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.284/2026 before the Jurisdictional Sessions Court and the same was rejected as against the petitioner herein on 10.04.2026. Therefore, the petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, prays to allow the petition. 5. Per contra, learned Addl. SPP has opposed the bail petition and prays to dismiss the petition. 6. Perusal of the first information dated 08.03.2026 submitted by the alleged victim girl aged 24 years would go to show that the petitioner and the victim girl got acquainted in the year 2018 and thereafter, they were in - 4 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 love with each other. About 4 years prior to the registration of FIR, the family members of the petitioner came to know about the relationship between the petitioner and the victim girl. Thereafter, the petitioner and the victim girl decided to marry on 26.02.2026. 7. On 28.12.2025, the petitioner had allegedly taken the victim girl in a scooter to his village and in a shed, he allegedly had sexual intercourse with the victim girl with a promise to marry her. Subsequently, on 25.02.2026, the petitioner allegedly informed the victim girl that his parents had decided to perform his marriage with his sister's daughter. The victim girl, had therefore, gone to the Mahila Santhvana Kendra at Hosadurga and submitted a complaint. After coming to know about the same on 27.02.2026, the petitioner allegedly abused her and therefore, the victim consumed phenoyl and tried to commit suicide. She was thereafter, admitted in a hospital at Hosadurga and subsequently on 03.03.2026, petitioner and the victim girl were summoned to Mahila Santhvana - 5 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 Kendra at Hosadurga and were advised to marry. The petitioner allegedly refused to marry the victim girl and left the place after criminally intimidating her. 8. On 05.03.2026, the victim girl and her relatives allegedly had gone near the house of the petitioner and on the said day, the accused persons allegedly had abused the victim girl and her family members and also had assaulted the victim girl. In the said incident that had taken place on 05.03.2026, victim girl had suffered simple injuries. Subsequently on 08.03.2026, she had approached the police and lodged a complaint, based on which, FIR was registered against the petitioner and his family members for the aforesaid offences. 9. From a reading of the first information, it is apparent that the petitioner and the victim girl were in love and they had a consensual relationship for a considerable period of about 7 years. It is only after the said relationship failed, the victim had approached the police alleging that petitioner had sexual intercourse with - 6 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 her against her wishes on the assurance of marrying her. Merely because the relationship between two adults has failed for certain reason, subsequently the said relationship cannot be criminalized. It is not in dispute that petitioner has no other criminal antecedents. Except the petitioner, the other accused persons have been granted anticipatory bail in the present case. The petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.152 of 2026 registered by Hosadurga Police Station, Chitradurga - 7 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 District, for the offences punishable under Sections 64, 352, 126(2), 74, 115(2), 351(2) read with Section 3(5) of the BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. - 8 - HC-KAR NC: 2026:KHC:32908 CRL.P No. 6875 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE MKM List No.: 1 Sl No.: 47