- 1 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15041 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. JITHIN JEIJO, AGED ABOUT 26 YEARS, S/O JEIJO PAUL, R/AT SRI DEVI COMPLEX, SANTHEKATTE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 2 …PETITIONER (BY SRI. ARUNA SHYAM, SR. COUNSEL FOR SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BAGALGUNTE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR CITY CIVIL COURT COMPLEX, BENGALURU 560 001 2. PARVATHY VENU M D/O M.P. VENU, AGED ABOUT 36 YEARS, R/AT NO. 137, HARIHARA, HARIHARA, KODAGU DISTRICT KARNATAKA - 571249. ALSO AT NO. 13/6, 21ST B CROSS, BAGALAGUNTE, BENGALURU - 560 073. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 SRI. CYRIL PRASAD PIAS, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.394/2026 REGISTERED BY BAGALGUNTE P.S., FOR THE OFFENCES P/U/S 69,126(2),115(2),118(1),74,351(2),352,238 OF BNS, 2023, PENDING BEFORE THE HON'BLE XXXI ACJM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in Crime No.394/2026, registered by Bagalgunte Police Station for the offences punishable under Sections 69, 126(2), 115(2), 118(1), 74, 351(2), 352, 238 of the BNS, 2023, is before this Court in this petition filed under Section 482 of the BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. The FIR in crime No.394/2026 was registered by Bagalgunte Police Station for the aforesaid offences against the petitioner herein, based on the first information dated 03.09.2026 lodged by victim, aged 36 years. Apprehending - 3 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 arrest in the said case, petitioner had filed Crl.Misc.No.9036/2026 before the learned Sessions Special Judge, Bengaluru, which was rejected on 22.09.2026. Therefore, the petitioner is before this Court. 4. Sri Aruna Shyam, learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is a practicing advocate at Bengaluru and has no other criminal antecedents. The petitioner had appeared on behalf of the first informant in the case filed by her against her husband, seeking divorce, and also in the proceedings initiated by her under the provisions of the Protection of Women from Domestic Violence Act, 2005. He submits that, after the aforesaid two cases were disposed of, the first informant did not pay the legal fee due to the petitioner. Therefore, he filed O.S.No.6657/2026 before the jurisdictional Civil Court at Bengaluru for recovery of the outstanding fee from the first informant. It is in this background she has filed a false complaint against the petitioner, making baseless allegations. - 4 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 5. Per contra, the learned High Court Government Pleader and the learned counsel for respondent No.2/the defacto complainant, have opposed the bail petition. 6. Learned counsel appearing for respondent No.2 has filed the statement of objections contending that the petitioner, who had promised to marry the victim, had sexual intercourse with her and subsequently refused to marry her. He submits that, when the first informant questioned him, he had assaulted her, causing injuries. He also submits that the petitioner has deleted all the communication between them from her mobile phone. He further submits that O.S.No.6657/2026 was filed subsequent to registration of the FIR only to overcome the allegations. He submits that, in the event the petitioner is enlarged on bail, he is likely to tamper with the material witnesses. Accordingly, he prays to dismiss the petition. 7. A reading of the first information dated 03.09.2026 would reveal that the victim lady was married to one Bopanna in the year 2021. In the month of February 2025, she got acquainted with the petitioner, who is a practicing advocate and - 5 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 appointed him as her advocate for conducing the case filed by her against her husband under the provisions of Protection of Women from Domestic Violence Act, 2005. She has alleged that, subsequently, the petitioner proposed to her and promised to marry her. Thereafter, he allegedly had sexual intercourse with her on several occasions. On 02.09.2026, she went with the petitioner to a hospital and at that time, the petitioner took her mobile phone and deleted all the communications between them stored on the Signal App. Thereafter, he allegedly informed her that he was not willing to marry her and when she questioned him, he threatened her with dire consequences and assaulted her with his hands. He also allegedly attempted to commit her murder by strangulating her neck with a veil she was wearing. It is under these circumstances, the victim lady went to the police station on 03.09.2026 and lodged the First Information Report. Based on the same, FIR was registered against the petitioner in the present case. 8. Learned Senior counsel appearing for the petitioner, during the course of arguments, has produced the judgment - 6 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 passed by this Court in MFA.No.9818/2025 dated 03.06.2026. It would go to show that, based on the settlement reported between the parties, the marriage of the victim lady with her husband, K.S.Bipin Bopanna, was dissolved. It appears that even the case filed under provisions of the Protection of Women from Domestic Violence Act, 2005, was also disposed of based on the settlement arrived between the parties. In both the cases, the petitioner had appeared on behalf of the first informant. According to the learned counsel for the petitioner, the first informant has not paid the legal fee which she was liable to pay to the petitioner and after the petitioner had demanded his fees subsequent to the order passed by this Court in MFA.No.9818/2025, wherein the first informant received an amount of Rs.70,00,000/- as permanent alimony, the dispute arose between the parties. It is under these circumstances they had fought against each other. 9. During the course of arguments, learned counsel for respondent No.2 has submitted that she has already paid more than Rs.3,00,000/- to the petitioner towards his legal fee. - 7 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 10. The allegations now made in the first information are that the petitioner had promised to marry the victim lady after she had appointed him as her advocate and thereafter had sexual intercourse with her. Since the victim lady had stated that she had paid more than Rs.3,00,000/- to the petitioner towards his legal fee, the allegations found in first information are difficult to be believed in view of the material available on record. Immediately after the petitioner and the victim lady had a quarrel on 02.09.2026, he has instituted a suit in O.S.No.6657/2026 before the jurisdictional Civil Court on 05.09.2026 for recovery of his outstanding legal fee. Prior to filing the said suit, he had already issued a legal notice to her calling upon her to pay the outstanding fees. In addition to the same, the fact remains that, even before the marriage of victim lady with K.S.Bipin Bopanna was dissolved, she had entered into a sexual relationship with the petitioner. Undisputedly, the maximum punishment for the alleged offence is imprisonment for a period of 10 years. - 8 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 11. Considering the nature of the allegations against the petitioner, who is a practicing advocate and has no criminal antecedents prior to this incident, the following: O R D E R (i) 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.394/2026 registered by Bagalgunte Police Station for the offences punishable under Sections 69, 126(2), 115(2), 118(1), 74, 351(2), 352, 238 of the 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. - 9 - HC-KAR CNR: KAHC010675822026 NC: 2026:KHC:55625 CRL.P No. 15041 of 2026 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. The petitioner shall not involve in similar offences in future. 5. Pending application/s, if any, shall stand disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE SSB