- 1 - HC-KAR CNR: KAHC010426742026 NC: 2026:KHC:40551 CRL.P No. 9165 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9165 OF 2026 BETWEEN: SRI. ERESHA SON OF BHEEMAPPA, AGED ABOUT 52 YEARS, R/AT V.P.BADAVANE, DOOR NO.4283, 2ND CROSS, CHITRADURGA. PIN - 577 501. …PETITIONER (BY SRI. H.R NARAYAN SWAMY, ADVOCATE) AND: 1. STATE BY WOMEN-POLICE STATION CHITRADURGA, REPRESENTED BY S.P.P. HIGH COURT BUILDING, BANGALORE - 560 001. 2. XXXX D/O ANANDAPPA AGED ABOUT 43 YEARS R/AT BEHIND J.M.I.T COLLEGE, MALLANAKATTE, KODENAHATTY VILLAGE, CHITRADURGA TALUK, CHITRADURGA - 577 501 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010426742026 NC: 2026:KHC:40551 CRL.P No. 9165 of 2026 THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE IN THE EVENT OF HIS ARREST IN CRIME NO.35/2026 (CHITRADURGA WOMEN POLICE STATION) UNDER SECTIONS 69 & 351(2) OF BNS, 2023, ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE & JMFC, AT CHITRADURGA, HE MAY BE RELEASED ON BAIL, IN THE INTEREST OF JUSTICE. 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.1 in Crime No.35/2026 registered by Chitradurga Women Police Station, Chitradurga for the offences punishable under Sections 69 and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and learned Additional Special Public Prosecutor on behalf of respondent-State. 3. FIR in Crime No.35/2026 was registered by Chitradurga Women Police Station, Chitradurga for the aforesaid offences based on the first information dated - 3 - HC-KAR CNR: KAHC010426742026 NC: 2026:KHC:40551 CRL.P No. 9165 of 2026 23.04.2026 received from alleged victim lady aged 43 years. Apprehending arrest in the said case, petitioner had filed Criminal Miscellaneous Petition No.528/2026 before the jurisdictional Sessions Court which was dismissed on 18.06.2026. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that alleged victim got acquainted with the petitioner in the year 2012 and for the last 14 years they were in relationship with each other. It is stated that husband of the victim lady died in the year 2010 and from the wedlock she has a male child. Allegation as against the petitioner is that with a promise of marrying the victim lady he had consensual intercourse with her eversince from the year 2012 and subsequently he has refused to marry the victim lady. 5. Perusal of the material on record would go to show that the petitioner is a married man. The alleged victim in the present case had earlier approached the very same police station on 11.11.2024 and had submitted a complaint. Considering the allegations found in the said complaint and the allegations made in the present complaint becomes doubtful. - 4 - HC-KAR CNR: KAHC010426742026 NC: 2026:KHC:40551 CRL.P No. 9165 of 2026 6. Considering the aforesaid aspects of the matter, I am of the opinion that, prayer made by the petitioner for grant of anticipatory bail needs to be answered in the affirmative, subject to appropriate conditions. Accordingly, the following: ORDER (i) The Criminal 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 his arrest in Crime No.35/2026 registered by Chitradurga Women Police Station, Chitradurga for the offences punishable under Sections 69 and 351(2) of Bharatiya Nyaya Sanhita (BNS), subject to the following conditions: 1. 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/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - HC-KAR CNR: KAHC010426742026 NC: 2026:KHC:40551 CRL.P No. 9165 of 2026 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 83