- 1 - HC-KAR CNR: KAHC010540762026 NC: 2026:KHC:47225 CRL.P No. 11933 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11933 OF 2026 BETWEEN: SHASHIKUMAR S/O KALAIAH AGED ABOUT 32 YEARS R/AT CHIKKAMAGGE HOSURU VILLAGE, DODDAMAGGE HOBLI ARAKALAGUD TALUK HASSAN DISTRICT. …PETITIONER (BY SRI MANJUNATHA G, ADV.) AND: STATE OF KARNATAKA BY KONANUR POLICE STATION REP BY SPP, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.109/2026 OF KONANUR P.S. HASSAN DIST. FOR THE OFFENCE P/U/S 64,351(2) OF BNS, PENDING ADDL.CIVIL JUDGE (SR.DN) AND C.J.M COURT ARAKALGUD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010540762026 NC: 2026:KHC:47225 CRL.P No. 11933 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.109/2026 registered by Konanur Police Station, Hassan, for the offences punishable under Sections 351(2) and 64 of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.109/2023 was registered by Konanur Police Station, Hassan, for the aforesaid offences against the petitioner herein based on the first information dated 05.06.2026 received from the alleged victim lady, aged 25 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.688/2026 before the jurisdictional Sessions Court, which was rejected on 06.07.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a married man and since the marriage was not consummated, divorce proceedings is pending before the - 3 - HC-KAR CNR: KAHC010540762026 NC: 2026:KHC:47225 CRL.P No. 11933 of 2026 jurisdictional Court. Subsequently, petitioner developed relationship with another lady and since, her relatives were not agreeable for the said relationship, at their instance the alleged victim, who is working as a maid in their house has filed a false complaint. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition submits that prima facie material is collected during the course of investigation as against the petitioner and therefore, his custodial interrogation becomes necessary. The allegation against him is heinous in nature. Accordingly, she prays to dismiss the petition. 6. In the first information submitted by the alleged victim, she has stated that on 30.05.2026, petitioner had called her brother Sudarshan and informed him that Cattle were grazing in their maize field. Sudarshan had in turn telephoned to the first informant and therefore, first informant had gone towards the maize field and accused, who was present there allegedly caught hold of her and raped her. Subsequently, he allegedly threatened her of dire consequences to her life. She has also - 4 - HC-KAR CNR: KAHC010540762026 NC: 2026:KHC:47225 CRL.P No. 11933 of 2026 alleged that on 02.06.2026 her relative had found a obscene video on social media in which she was found and he had brought the same to the notice of her family members. Therefore, she had belatedly submitted a complaint against the petitioner. 7. Material collected by the prosecution would go to show that statement of Sudharsan, who is the brother of first informant has been recorded in the present case. Learned counsel for the petitioner has submitted that Sudharshan and the younger brother of the petitioner are staying together in a room in Bengaluru. Sudarshan has stated that on the alleged date of incident, he had received a phone call from the petitioner and therefore, he had asked his sister to go to the maize field. This statement of Sudarshan corroborates with the allegations found in the first information. The first informant is a married lady and there is delay in she approaching the police. Therefore, the medical records of the first informant is not of much relevance at this stage. However, the statement of the victim lady recorded under Section 183 of BNSS, 2023, and also the other materials collected by the prosecution including - 5 - HC-KAR CNR: KAHC010540762026 NC: 2026:KHC:47225 CRL.P No. 11933 of 2026 the statement of Sudharshan makes out a prima facie case against the victim. Therefore, I am of the opinion that his prayer for grant of anticipatory bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 42