- 1 - HC-KAR CNR: KAHC010478862026 NC: 2026:KHC:43797 CRL.P No. 10278 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10278 OF 2026 BETWEEN: ABHISHEK GOWDA V. S/O VENKATESH, AGED ABOUT 30 YEARS, RESIDING AT M. SHETTAHALLI VILLAGE, MANIKYANA HALLI POST, PANDAVAPURA TALUK, MANDYA DISTRICT - 560 078. …PETITIONER (BY SRI. RAJU C.N., ADVOCATE) AND: STATE BY MELUKOTE POLICE, MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE. PIN CODE NO - 560 001 …RESPONDENT THIS CRL.P FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.63/2024 OF MELUKOTE POLICE MANDYA, ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, PANDAVAPURA, FOR THE OFFENCES P/U/S 312, 313, 315, 316, R/W SEC. 149 OF IPC AND SEC. 19 OF KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT 2007 AND SEC. 4 OF THE TERMINATION OF PREGNANCY ACT 1971 BY ALLOWING THIS PETITION. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010478862026 NC: 2026:KHC:43797 CRL.P No. 10278 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 No.6 in SC No.5035 of 2025 pending before the Court of III Additional District and Sessions Judge, Mandya sitting at Srirangapatna, arising out of Crime No.63 of 2024 registered by Melukote Police Station, Mandya for the offences punishable under Section 312, 313, 315, 316 read with Section 34 of IPC and Section 19 of the Karnataka Private Medical Establishment Act, 2007 and Section 4 of the Medical Termination of Pregnancy Act, 1971, is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.63 of 2024 was registered by by Melukote Police Station, Mandya against Geeta and others, based on the first information dated 30.05.2024 received from Dr.Bettaswamy, District Family Welfare - 3 - HC-KAR CNR: KAHC010478862026 NC: 2026:KHC:43797 CRL.P No. 10278 of 2026 Officer, Mandya. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5066 of 2026 before the jurisdictional Sessions Court, which was rejected on 24.03.2026. Therefore, he is before this Court. 4. In the first information dated 30.05.2024, it is stated that the alleged victim approached the first informant complaining of stomach pain and on enquiry, informed him that on 16.04.2024, on the instructions of the accused named in the FIR, she had undergone termination of her pregnancy. 5. Allegation as against the petitioner is that he was the person who had scanned the foetus of the alleged victim and informed her that she was carrying a girl baby. The victim, who had already given birth to two girl babies earlier, had therefore, got her pregnancy terminated. Similar case was registered against the petitioner, by some other victim in Crime No.102 of 2024 by the very same police station. In said case, he was arrested on - 4 - HC-KAR CNR: KAHC010478862026 NC: 2026:KHC:43797 CRL.P No. 10278 of 2026 23.09.2024 and subsequently, released from custody on 12.02.2026. In the meanwhile, body warrant was issued against him in the present case and he was taken into police custody for the purpose of investigation. After he was released on bail in Crime No.102 of 2024, he has now filed the present petition seeking anticipatory bail. 6. Investigation of the case is already completed and charge sheet has been filed in the present case, in the month of August, 2024. During the course of investigation, petitioner's custody who was brought under body warrant was handed over to the police for the purpose of investigation and subsequently, he was produced before the Court in the present case. Thereafter, he was remanded to judicial custody in the original case i.e. Crime No.102 of 2024 in which he has been now granted regular bail. 7. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of - 5 - HC-KAR CNR: KAHC010478862026 NC: 2026:KHC:43797 CRL.P No. 10278 of 2026 anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following : O R D E R The criminal 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 SC No.5035 of 2025 pending before the Court of III Additional District and Sessions Judge, Mandya sitting at Srirangapatna, arising out of Crime No.63 of 2024 registered by Melukote Police Station, Mandya for the offences punishable under Section 312, 313, 315, 316 read with Section 34 of IPC and Section 19 of the Karnataka Private Medical Establishment Act, 2007 and Section 4 of the Medical Termination of Pregnancy Act, 1971, subject to the following conditions: a) Petitioner shall appear before the Investigating Officer within 15 days from - 6 - HC-KAR CNR: KAHC010478862026 NC: 2026:KHC:43797 CRL.P No. 10278 of 2026 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. b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. d) Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 50