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2026 DAILYLAW 26948 (KAR)

ABHISHEKH GOWDA v. STATE OF KARNATAKA

CRL.P/7368/2026 · 2026-07-08

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34303 CRL.P No. 7368 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7368 OF 2026 BETWEEN: ABHISHEKH GOWDA S/O VENKATESH AGED ABOUT 30 YEARS R/AT M SHETTAHALLI VILLAGE MELUKOTE HOBLI PANDAVAPURA TALUK MANDYA PIN 571434 …PETITIONER (BY SRI. SHARATH J M, ADVOCATE) AND: STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION,, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU-560001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST WHO IS THE ACCUSED NO.1 IN CRIME NO.132/2024 REGISTERED BY THE RESPONDENT Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34303 CRL.P No. 7368 of 2026 PANDAVAPURA POLICE STATION, NOW PENDING ON THE III ADDL DISTRICT AND SESSIONS JUDGE MANDYA SITTING AT SRIRANGAPATNA FOR THE OFFENCE P/US/ 312,313,315,316 R/W SEC.34 OF IPC AND SEC.19 OF THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT 2007 AND U/S.4 OF TERMINATION OF PREGNANCY ACT 1971 IN RESPECT OF THE PETITIONER. 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. Accused No.1 in Crime No.132/2024 registered by Pandavapura Police Station, Mandya, for offences punishable under Sections 312, 313, 315, 316 read with 34 of IPC, 1860, Section 19 of the Karnataka Private Medical Establishment Act, 2007 and Section 4 of the Termination of Pregnancy Act, 1971, is before this Court in this petition filed under Section 482 of BNSS, 2023 is before this Court seeking for Anticipatory Bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.132/2024 was registered by Pandavapura Police Station, Mandya, for the aforesaid offences against the petitioner herein and others based on the first information dated 15.06.2024 received from Smt.Pavithra, who - 3 - HC-KAR NC: 2026:KHC:34303 CRL.P No. 7368 of 2026 is the alleged victim in the present case. Apprehending arrest in the present case, the petitioner had filed Crl.Misc.No.5065/2026 before the jurisdictional Sessions Court, which was rejected on 24.03.2026. Therefore, he is before this Court. 4. In the first information, which is submitted by the alleged victim on 15.06.2024, she has stated that in the month of April, 2024 for the purpose of determining the sex of the fetus, which was growing in her womb, she had approached the petitioner along with one Karthik and thereafter, she was allegedly taken by them for the purpose of scanning and after it was found that she was carrying a girl baby, her pregnancy was allegedly terminated in a hospital at Mysuru. 5. The material made available to this Court would go to show that on similar allegations, Pandavapura Police Station, Mandya, had registered FIR in Crime No.102/2024, in which the petitioner was arrested on 02.09.2024 and in the said case he was released on bail on 12.02.2026. The material would also go to show that after registration of the present case, the petitioner who was in custody in Crime No.102/2024 as an - 4 - HC-KAR NC: 2026:KHC:34303 CRL.P No. 7368 of 2026 under trial prisoner was produced before the jurisdictional Court in the present case under a body warrant and at the request of the investigating officer he was given to police custody for the purpose of interrogation. After completing the interrogation, the investigation officer had produced the petitioner before the jurisdictional Court and thereafter, he was remanded to custody in the original case i.e., in Crime No.102/2024. Therefore, it is apparent that in the present case the petitioner has already participated in the investigation and has co-operated with the investigation officer. After regular bail was granted to the petitioner in Crime No.102/2024, he was released from the jail, since the learned Magistrate had not remanded the petitioner to judicial custody in the present case. 6. Under the said circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: The petition is allowed. 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.132/2024 - 5 - HC-KAR NC: 2026:KHC:34303 CRL.P No. 7368 of 2026 registered by Pandavapura Police Station, Mandya, for the offences punishable under Sections 312, 313, 315, 316 read with 34 of IPC, Section 19 of the Karnataka Private Medical Establishment Act, 2007 and Section 4 of the Termination of Pregnancy Act, 1971, is before this Court in this petition filed under Section 482 of BNSS, 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. The Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. - 6 - HC-KAR NC: 2026:KHC:34303 CRL.P No. 7368 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 59