- 1 - HC-KAR CNR: KAHC010409442026 NC: 2026:KHC:40089 CRL.P No. 8640 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8640 OF 2026 BETWEEN: SRI. HARISH B @ HARISH GHATGE S/O BHAVANI RAO AGED ABOUT 40 YEARS, R/AT ASHRAYA BADAVANE KRISHNA SINGH LAYOUT SHIKARIPURA TOWN SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. MADHUKAR NADIG, ADVOCATE) AND: 1. STATE BY MAHILA POLICE STATION SHIVAMOGGA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. VICTIM WOMEN H/O DIVAKAR, AGED 30 YEARS, OCCUPATION: HOUSE WIFE SRINIDI NILYA, AMRUTHA LAYOUT 1ST FLOOR, GADIKOPPA SHIVAMOGGA - 577 201 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010409442026 NC: 2026:KHC:40089 CRL.P No. 8640 of 2026 AND ALSO AT KOTEHAL VILLAGE CHORADI, SHIVAMOGGA SHIVAMOGGA DISTRICT - 577 201 THE RESPONDENT NO.2 IS DELETED AS PER THE PERMISSION GRANTED ON 31.07.2026 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1 MEMO FOR DELETION OF R2 IS FILED IN COURT IS K/B) THIS CRL.P IS FILED U/S. 439 (FILED U/S.483 BNSS) CR.P.C. BY THE ADVCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER (ACCUSED) BY GRANTING THE REGULAR BAIL U/S. 483 OF BNSS 2023 UPON SUCH CONDITIONS IN CRIME NO.60/2025 PENDING ON THE FILE OF THE HONBLE JMFC 2ND COURT SHIVAMOGGA DISTRICT, FOR THE OFFENCE P/U/S/ 318, 315(2),64(2)(m) 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 in Crime No.60/2026 registered by Shivamogga Women Police Station, Shivamogga for the offences punishable under Section 318, 315(2), 64(2)(m) - 3 - HC-KAR CNR: KAHC010409442026 NC: 2026:KHC:40089 CRL.P No. 8640 of 2026 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.60/2026 was registered by Shivamogga Women Police Station, Shivamogga against the petitioner herein, based on the first information dated 21.05.2026 received from the victim lady, aged 30 years. During the course of investigation of the said case, the petitioner was arrested on 26.05.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.535/2026 was rejected on 08.06.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim is a married lady, who was acquainted to the petitioner and had invested money for trading. Petitioner appears to be running a business of trading in Shivamogga and the victim and her husband had invested money in the said business. On the allegation that the - 4 - HC-KAR CNR: KAHC010409442026 NC: 2026:KHC:40089 CRL.P No. 8640 of 2026 victim in the present case and her husband were criminally intimidating the petitioner and his wife Smt.Deepa and the husband of the victim in the present case had trespassed into the house of the petitioner on 14.05.2026 first information was submitted by the wife of the petitioner herein before the Shikaripura Town Police Station, Shivamogga, which had resulted in registering a FIR in Crime No.78/2026 for offences punishable under Section 329(4), 351(2), 74 and 352 of BNS, 2023 against the Divakara, who is the husband of the alleged victim in the present case. 5. 5. Subsequent to the registration of the FIR in Crime No.78/2026, the victim in the present case approached the police alleging that the petitioner who was acquainted to the victim lady during the course of their business relationship, had represented to her that he loved her and he would arrange for her divorce, had taken her to a hotel by threatening to circulate some private photographs of the victim lady, which the petitioner had in - 5 - HC-KAR CNR: KAHC010409442026 NC: 2026:KHC:40089 CRL.P No. 8640 of 2026 his mobile phone and allegedly had sexual intercourse with her multiple times. It is under these circumstances, the FIR was registered against the petitioner in the present case for the aforesaid offences. 6. Petitioner who was arrested on 26.05.2026, is in custody for more than 2 months. Major portion of the investigation is already completed. Considering the nature of allegations found as against the petitioner who has no other criminal antecedents and also taking into consideration that the present FIR was registered, subsequent to registration of FIR in Crime No.78/2026, based on the complaint made by the wife of the petitioner as against the husband of the alleged victim in the present case, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: - 6 - HC-KAR CNR: KAHC010409442026 NC: 2026:KHC:40089 CRL.P No. 8640 of 2026 O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.60/2026 registered by Shivamogga Women Police Station, Shivamogga for the offences punishable under Section 318, 315(2), 64(2)(m) BNS, 2023, subject to the following conditions: a) The 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; - 7 - HC-KAR CNR: KAHC010409442026 NC: 2026:KHC:40089 CRL.P No. 8640 of 2026 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 AMM List No.: 1 Sl No.: 62