- 1 - HC-KAR CNR: KAHC010350232026 NC: 2026:KHC:40017 CRL.P No. 7452 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. 7452 OF 2026 (438(CR.PC) / 482(BNSS)) BETWEEN: SHANKARALAKSHMI B W/O SHREENIVASA GUPTHA B H AGED ABOUT 70 YEARS R/AT LAKSHMI SHREENIVASA NILAYA BDO OFFICE ROAD LAKSHMI SHREENIVASA NURSING HOME CHALLAKERE, CHITRADURGA DISTRICT CHITRADURGA-577522. …PETITIONER (BY SRI. M .S SHYAMSUNDAR, SENIOR COUNSEL FOR SMT. VANDANA P L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY THALAK POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001. 2. REKHA N W/O PRAKASH B AGED ABOUT 39 YEARS CHILD PROTECTION OFFICER CHILD WELFARE COMMITTEE STADIUM ROAD DISTRICT Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010350232026 NC: 2026:KHC:40017 CRL.P No. 7452 of 2026 BHALA BHAVANA, CHITRADURGA TOWN CHITHRADURGA-577522. 3. SANNA PALAMMA W/O LATE BADA KATAIAH @ KURI KATAIAH AGED ABOUT 45 YEARS R/AT BANGARUDEVARA HATTI VILLAGE CHALLAKERE TALUK-577522. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP. FOR R1: R2 SERVED: NOTICE TO R3 HELD SUFFICIENT VIDE COURT ORDER DATED 31.07.2026) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.PC (FILED U/S.482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.0076/2026 REGISTERED BY THE THALAK POLICE STATION, CHITRADURGA FOR OFFENCE P/US/ 64(2)(M),88,91 OF BNS 2023 AND SEC.4(2),5,5(L),6 AND 17 OF POCSO ACT 2012. 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.2 in Crime No.76/2026, registered by Thalak Police Station, Chitradurga for offences punishable under Sections 64(2)(m), 88 and 91 of BNS, 2023 and Sections 4(2), 5, 5(L), 6 and 17 of POCSO Act, 2012, is before this Court, in this petition, filed under Section 482 of BNSS, 2023, seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010350232026 NC: 2026:KHC:40017 CRL.P No. 7452 of 2026 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor on behalf of respondent Nos.1 and 2. Respondent No.3, who is the mother of the victim girl, though served, has remained unrepresented before this Court. 3. FIR in Crime No.76/2026 was registered by Thalak Police Station, Chitradurga, for the aforesaid offences based on the first information received from respondent No.2 against one Rajanna and the petitioner herein. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.400/2026 before the jurisdictional Sessions Court, which was rejected on 22.05.2026. Therefore, she is before this Court. 4. Petitioner is an aged lady, who is doctor by profession. Allegation as against the petitioner is that, victim girl, who was found to be pregnant was brought to her nursing home by accused No.1 and the pregnancy of the victim girl was aborted in the nursing home of the - 4 - HC-KAR CNR: KAHC010350232026 NC: 2026:KHC:40017 CRL.P No. 7452 of 2026 petitioner on 01.03.2026. FIR in the present case is registered on 09.04.2026 with an allegation that accused No.1 had taken the victim girl to the nursing home of the petitioner and got the pregnancy of the victim girl aborted. However, the report of the respondent No.2, based on which, FIR was registered in the present case, would suggest that, mother of the victim was aware that the victim was pregnant prior to the alleged abortion by the petitioner, in her nursing home on 01.03.2026. 5. According to the learned Senior Counsel for the petitioner, it was the mother who had brought the victim girl to the nursing home and if the Aadhar Card of the victim girl and the date of birth mentioned in the Aadhar Card of the victim girl is taken into consideration, she was major as on 01.03.2026. 6. Considering the aforesaid aspects of the matter and also having regard to the age and profession of the petitioner, I am of the opinion, her prayer for grant of - 5 - HC-KAR CNR: KAHC010350232026 NC: 2026:KHC:40017 CRL.P No. 7452 of 2026 anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) The 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 her arrest in Crime No. Crime No.76/2026, registered by Thalak Police Station, Chitradurga for offences punishable under Sections 64(2)(m), 88 and 91 of BNS, 2023 and Sections 4(2), 5, 5(L), 6 and 17 of POCSO Act, 2012, subject to the following conditions: (a) 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. - 6 - HC-KAR CNR: KAHC010350232026 NC: 2026:KHC:40017 CRL.P No. 7452 of 2026 (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 she shall co-operate with the police for investigation and appear before them whenever called upon. (d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE CM LIST NO.: 1 SL NO.: 58