- 1 - HC-KAR CNR: KAHC010579022026 NC: 2026:KHC:48748 CRL.P No. 12701 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12701 OF 2026 BETWEEN: MANIKANTHA T.P S/O LATE PALAKSHAPPA T.M AGED ABOUT 30 YEARS R/O # 105, MAIN, ROAD BAGANAKATTE NEAR WATER TANK, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427. …PETITIONER (BY SRI SURYANATH S BHAT, ADV.) AND: STATE OF KARNATAKA BY SHIKARIPURA RURAL POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THAT IN THE EVENT OF ARREST OF THE PETITIONER IN CONNECTION WITH CR.NO.234/2026 REGISTERED BY SHIKARIPURA RURAL P.S., SHIVAMOGGA DISTRICT, FOR THE OFFENCES P/U/S 64(2)(m),89,54,351(2) R/W 3(5) OF BNS, 2023, PENDING BEFORE THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) SHIVAMOGGA AND HE SHALL BE RELEASED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010579022026 NC: 2026:KHC:48748 CRL.P No. 12701 of 2026 ORAL ORDER 1. Accused in Crime No.234/2026 registered by Shikaripura Rural Police Station, Shivamogga, for the offences punishable under Sections 64(2)(m), 89, 54, 351(2) and 3(5) of BNS, 2023, 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.234/2026 was registered by Shikaripura Rural Police Station, Shivamogga, for the aforesaid offences against petitioner and two others based on the first information dated 04.07.2026 received from the alleged victim girl aged 22 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.733/2026 before the jurisdictional Sessions Court which was rejected on 28.07.2026. Therefore, he is before this Court. 4. A reading of the typed first information dated 04.07.2026 submitted by the alleged victim girl aged 22 years would go to show that she is acquainted to the petitioner for the last more than two years. It appears that victim lady was working in the - 3 - HC-KAR CNR: KAHC010579022026 NC: 2026:KHC:48748 CRL.P No. 12701 of 2026 garment factory at Shikaripura and petitioner was working as driver in the vehicle belonging to garments factory. Petitioner allegedly had approached the victim girl and requested her to love him. After she had refused his proposal, he had forcibly taken her to jog falls in a car bearing registration No.KA15M8335 and they had stayed in Hotel on 01.05.2024. In the said Hotel, he allegedly had threatened to consume poison and had forcible sexual intercourse with her. Thereafter, when she informed him that she would be approaching the police, he had promised to marry her. Subsequently, he started threatening her stating that he was in possession of her private photos and videos and he would be circulating the same. She has stated that by threatening her, petitioner used to regularly have sexual intercourse with her against her wishes and as a result, she had conceived. After she informed the petitioner about the same, he had given her certain tablets. Petitioner, who had earlier promised to marry her, subsequently refused to marry victim lady and it is under these circumstances, she had approached the police on 04.07.2026. - 4 - HC-KAR CNR: KAHC010579022026 NC: 2026:KHC:48748 CRL.P No. 12701 of 2026 5. From a reading of the averments found in the first information, it is apparent that petitioner and the victim girl were acquainted to each other for the last more than two years. The allegation against the petitioner is that he had forcible sexual intercourse with the victim on 01.05.2024. First information is submitted belatedly after more than two years from the said incident. A reading of the first information would indicate that only after the petitioner refused to marry the victim lady, she had approached the police. It is not her case that petitioner had sexual intercourse with her either by inducing or by making false promise that he would marrying her. On the other hand, first information would go to show that only after the petitioner allegedly had forcible sexual intercourse with the victim girl on 01.05.2024, he had promised to marry her. Petitioner has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. Considering the nature of allegations found in the first information, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- - 5 - HC-KAR CNR: KAHC010579022026 NC: 2026:KHC:48748 CRL.P No. 12701 of 2026 6. The 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 Crime No.234/2026 registered by Shikaripura Rural Police Station, Shivamogga, for the offences punishable under Sections 64(2)(m), 89, 54, 351(2) and 3(5) of BNS, 2023, subject to the following conditions: 1. 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. 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. - 6 - HC-KAR CNR: KAHC010579022026 NC: 2026:KHC:48748 CRL.P No. 12701 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 91