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2026 DAILYLAW 28487 (KAR)

SRI BHARATH @ BHARATH SHIVASHANKAR v. STATE BY ADUGODI POLICE STATION

CRL.P/8122/2026 · 2026-07-14

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35718 CRL.P No. 8122 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8122 OF 2026 BETWEEN: SRI BHARATH @ BHARATH SHIVASHANKAR, S/O LATE SHIVASHANKAR, AGED ABOUT 45 YEARS, R/AT NO.GF-4, ELEGANT RESIDENCY, 22 A MAIN, NEAR KIDNEY FOUNDATION, HOSPITAL AND RAVI GAS AGENCY, PADMANABHANAGAR, BIDARAHALLI, BANASHANKARI III STAGE, BENGALURU- 560 070. …PETITIONER (BY SRI GIREESHA R J, ADVOCATE) AND: STATE BY ADUGODI POLICE STATION, BENGALURU- 560 030, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CRIME NO.139/2026 FOR THE ALLEGED OFFENCES U/S. 318(4) AND 69 OF BNS, 2023, REGISTERED BY THE ADUGODI POLICE STATION, BENGALURU, NOW PENDING ON THE FILE HONBLE 39TH ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU AND ETC. Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35718 CRL.P No. 8122 of 2026 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 in Crime No.139/2026 registered by Adugodi Police Station, Bangalore city for the offences punishable under Sections 318(4), 69 of The Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader on behalf of respondent - State. 3. FIR in Crime No.139/2026 was registered by Adugodi Police Station, Bangalore city, for the aforesaid offences against the petitioner-accused, on the basis of first information dated 26.05.2026 received from the alleged victim lady aged 30 years. In the said case, the petitioner was arrested on 26.05.2026 and remanded to judicial custody. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5183/2026 was - 3 - HC-KAR NC: 2026:KHC:35718 CRL.P No. 8122 of 2026 rejected on 08.06.2026. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the consensual relationship between the petitioner and the alleged victim lady has failed after there was a dispute between them with regard to certain monetary transactions. It is under the said circumstance, the alleged victim had approached the Police. The petitioner who has no other criminal antecedents is in custody for last more than one month. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition submits that investigation of the case is under progress. 7. In the typed copy of the first information dated 26.05.2026, submitted by the victim lady aged 30 years, she has stated that she hails from Maharashtra State and for the last 4 years she is residing in Bangalore and working as Beautician. In the year 2025, on rose day, she had met the petitioner at brigade road in Bangalore and thereafter they started loving each other. She has stated that the petitioner - 4 - HC-KAR NC: 2026:KHC:35718 CRL.P No. 8122 of 2026 had represented to her that his earlier marriage was dissolved by a decree of divorce. Subsequently, she and the petitioner along with his family members had been to Vaishnodevi Temple in Kashmir and after she returned from the said temple she had become pregnant. She has stated that since the petitioner and she were not married, her pregnancy was aborted in the Hospital. Thereafter, the petitioner was staying with her. She has further stated that whenever she requested the petitioner to marry her, he used to give evasive replies and therefore there was quarrel between them. She has also alleged that the petitioner had totally received a sum of Rs.5,70,000/- from her in installment and she also purchased a mobile phone worth Rs.25,000/- and had given to him and the petitioner who had promised to repay the money had failed to do so and also had refused to marry her. It is under these circumstances, she had approached the Police on 26.05.2026. 8. Reading of the first information would go to show that relationship between the alleged victim and the petitioner appears to be consensual. They have also resided under the same roof and the victim had travelled with the petitioner and - 5 - HC-KAR NC: 2026:KHC:35718 CRL.P No. 8122 of 2026 his family members to visit Vaishnodevi Temple in Kashmir. Subsequently, it appears that there was a dispute between them with regard to certain monetary transactions. Merely for the reason that the consensual relationship between the parties has failed for certain reason, such a relationship cannot be given a colour of criminal case. It is not in dispute that the petitioner who is in custody since 26.05.2026 has no other criminal antecedents. The petitioner has undertaken to co- operate with the Investigation Officer for the purpose of investigation. 9. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular has to be answered in the affirmative. 10. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.139/2026 registered by Adugodi Police Station, Bangalore city for the offences punishable under Sections 318(4), 69 of The Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:35718 CRL.P No. 8122 of 2026 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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 GVP List No.: 1 Sl No.: 76