Abhilash G K vs State Of Karnataka & Ors

M.G.S. Kamal, J

The accused No.1/petitioner in Crime No.0017/2026 for the offences punishable under Sections 69, 351(2), 352 and 3(5) of BNS, 2023 pending on the file of the learned II Additional Senior Civil Judge and JMFC, Tumakuru is before this Court seeking anticipatory bail.

A complaint dated 03.02.2026 came to be filed by the victim/defacto complainant/respondent No.2 alleging that the petitioner had approached her proposing his love and assuring that he would marry her. It is stated that on 01.08.2025, he invited her to Tumakuru to talk about the marriage. Believing his promise, the victim went to Tumakuru under the pretext of marriage. It is alleged that, despite her resistance, the petitioner forcibly had sexual intercourse with her, as a result of which she became pregnant. When she informed the accused No.1- petitioner about the pregnancy, he allegedly denied responsibility and abused her in filthy language. That when it was informed to his sister who is accused No.2, she also abused the complainant in filthy language and threatened her to get abortion. Based on the said complaint, a case in Crime No.0017/2026 came to be registered by the respondent-police for the offences noted therein against the petitioner herein as accused No.1 and the sister as accused No.2

The learned counsel for the petitioner submits that talks of settlement are underway between the parties. He further submits that the petitioner had earlier filed a petition along with her sister before the learned VI Additional District and Sessions Judge, Tumakuru, wherein respondent No.2 had personally appeared before the Court and expressed her no objection to the grant of bail. The Trial Court granted bail in respect of his sister, but rejected the petition insofar as the present petitioner is concerned.

Despite service of notice, respondent No.2 remained absent.

Considering the allegations made in the petition and also taking note of the fact that respondent No.2/defacto complainant had appeared before the Trial Court and expressed her no objection to the grant of bail, as taken in paragraph No.4 of the order passed in Crl.Misc.No.245/2026, this Court deems it appropriate to enlarge the accused No.1/petitioner on bail, subject to the following conditions:

ORDER

i) Petition is allowed.

ii) The accused No.1/petitioner herein shall be released on bail in the event of his arrest in Crime No.0017/2026 for the offences punishable under Sections 69, 351(2), 352 and 3(5) of BNS, 2023 pending on the file of the learned II Additional Senior Civil Judge and JMFC, Tumakuru, subject to following conditions:

a) The accused No.1/petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the like sum, to the satisfaction of the jurisdictional Court;

b) The accused No.1/petitioner shall appear before the Investigation Officer within ten days from the date of receipt of certified copy of this order and extend full co-operation in the investigation of the matter.

c) The accused No.1/petitioner shall not tamper with the prosecution witnesses.

d) The accused No.1/petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

In case the accused No.1/petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of anticipatory bail granted to the accused No.1/petitioner herein.