[Cites 8, Cited by 0]

Karnataka High Court

Aswin Abbas vs State By Udupi Women Police Station on 8 April, 2026

                                        -1-
                                                    NC: 2026:KHC:19423
                                               CRL.P No. 3855 of 2026


            HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 08TH DAY OF APRIL, 2026

                                     BEFORE

                      THE HON'BLE MR. JUSTICE S RACHAIAH

                      CRIMINAL PETITION NO. 3855 OF 2026

                            (439(Cr.PC) / 483(BNSS))


            BETWEEN:

            1.    ASWIN ABBAS
                  S/O ABBAS A M
                  AGED ABOUT 35 YEARS,
                  R/AT NIKKUJAN,
                  ULLAS COLONY,
                  THAMARACHERI,
                  KOJIKKOD
                  KERALA STATE - 673 573.
Digitally
signed by                                                ...PETITIONER
PAVITHRA    (BY SRI. K PRASANNA SHETTY, ADVOCATE)
N
Location:
High        AND:
Court of
Karnataka   1.    STATE BY
                  UDUPI WOMEN POLICE STATION
                  REPRESENTED BY
                  STATE PUBLIC PROSECUTOR,
                  HIGH COURT OF KARNATAKA,
                  BANGALORE - 560 001
                               -2-
                                             NC: 2026:KHC:19423
                                        CRL.P No. 3855 of 2026


HC-KAR




2.    SHRUTHI PRADEEP
      D/O PRADEEP KUMAR
      AGED ABOUT 34 YEARS
      R/AT FLAT NO.303,
      M.S.ENCLAVE,
      MANOLIGUJJI,
      SHIRALLI VILLAGE
      UDUPI

      (AMENDED VIDE COURT ORDER
      DATED 08.04.2026)
                                                 ...RESPONDENT
(BY SMT. ANITHA GIRISH N., HCGP FO R1
BY SMT. SHIVANI SHETTY., ADVOCATE FOR R2)
                              ---
      THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
BY    THE   ADVOCATE    FOR   THE   PETITIONER     PRAYING     TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.3/2026,
UDUPI WOMEN P.S. REGISTERED BY RESPONDENT POLICE,
PENDING ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE
AND      ACJM   AT   UDUPI,   FOR    THE     ALLEGED     OFFENCE
PUNISHABLE      UNDER   SECTION     63(a),   64(2)(m),   69,   89,
318(4), 115(2), 351(2) R/W 3(5) OF BHARATIYA NYAYA
SANHITA, 2023.


      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:      HON'BLE MR. JUSTICE S RACHAIAH
                                -3-
                                                  NC: 2026:KHC:19423
                                           CRL.P No. 3855 of 2026


HC-KAR




                         ORAL ORDER

1. The petitioner, who is arraigned as accused No.1, is

before this Court seeking regular bail in Crime No.3/2026

registered by the respondent-police for the offences

punishable under Sections 63(a), 64(2)(m), 69, 89,

318(4), 115(2), 351(2) r/w 3(5) of the Bharatiya Nyaya

Sanhita, 2023.

Brief facts of the case:

2. The case of the prosecution is that the complainant is a

married woman having two children. She became

acquainted with the petitioner at Bengaluru during

treatment to her mother for epilepsy. On 07.03.2021,

the petitioner called the complainant to his house situated

at Kodihalli, Bengaluru, under the pretext of giving

medical report of her mother and when the complainant

went to his house, he sexually assaulted the complainant

and took her photographs in his mobile. It is further

stated that he has repeated the act five to six times,

threatening that he would send the photographs to her

husband. When the petitioner insisted that she

accompany him to have a physical relationship, she

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refused the said demand. Then, the petitioner sent the

photos of the complainant to her husband, as a result of

which, the complainant and her husband separated.

3. It is further stated that the complainant became pregnant

on many occasions and the petitioner later forced her to

abort them. The complainant, on transfer, came to Udupi

in the year 2022. When she became pregnant for five

months, the petitioner took her to Kerala and tried to

cause abortion again. When the complainant resisted, the

petitioner called her to KMCT Hospital, Kojikkod and

assaulted her in a restroom. Again, in April 2024, when

the complainant became pregnant, the petitioner insisted

her to go for abortion, but, she refused to undergo the

same. On 04.01.2025, the complainant gave birth to a

female child at KMC Hospital, Manipal. On this occasion,

he promised her that he would marry her. Thereafter, he

refused to marry her. Hence the complaint. Based on

the said complaint, the respondent - police have

registered the case and conducted the investigation.

4. Heard Sri K. Prasanna Shetty, learned counsel for the

petitioner, Smt. N. Anitha Girish, learned High Court

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Government Pleader for respondent No.1 - State and

Smt. Shivani Shetty, learned counsel for respondent

No.2.

5. It is the submission of the learned counsel for the

petitioner that the petitioner is innocent of alleged

offences. In fact, it is a consensual act, committed with

full consent. The alleged incident had taken place in the

year 2021. However, the complaint came to be

registered by the complainant on 19.01.2026. There is an

extraordinary delay in lodging the complaint. The

marriage between the complainant and the petitioner has

not been solemnized for various reasons, including their

belonging to different religions. The petitioner is a Doctor

by profession. He is the permanent resident of Kojikkod,

Kerala State. He will abide by the conditions imposed by

this Court in the event of his release on bail. Making

such submissions, learned counsel for the petitioner prays

to allow the petition.

6. Per contra, learned counsel for respondent No.2

vehemently submitted there is a constant threat to the

life of the complainant. She is staying with her children

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and working as an officer at SBI. The petitioner has

committed a heinous offence. Being a Doctor, he had

promised the complainant that he would marry her and

abused her sexually on several occasions. On several

occasions, he got her pregnancy terminated. Therefore,

he is not entitled for the relief as prayed for in the

petition. Making such submission, learned counsel for

respondent No.2 prays to reject the petition.

7. Similarly, learned High Court Government Pleader for

respondent No.1 - State adopted the arguments

advanced by the learned counsel for the respondent No.2

and prays to reject the bail petition.

8. Having heard the learned counsel for the respective

parties and perused the averments of the complaint, it

appears from the record that the petitioner got

acquainted with the complainant at Bengaluru during her

mother's treatment for epilepsy. It is alleged that the

petitioner has misused her and abused her sexually on

several occasions, starting from 07.03.2021 till

19.01.2026. It is further alleged that the petitioner has

not only assaulted and harassed her on one or the other

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pretext, in fact, he sent the photos of the complainant to

her husband, and consequently, they got separated.

Moreover, the petitioner being a Doctor, it appears that,

he has committed the heinous offence.

9. Be that as it may, on going through the facts and

circumstances of the case, without adverting to the merit

of the case, it is proper to grant him bail by imposing

suitable conditions that would take care of the

apprehension of the prosecution.

10. Hence, I proceed to pass a following:-

ORDER

(i) The Criminal Petition is allowed.

(ii) The petitioner is ordered to be enlarged on

bail in Crime No.3/2026 registered by the

respondent-police for the offences stated

supra, on executing personal bond in a

sum of Rs.1,00,000/- (Rupees One Lakh

only) with one local surety for the likesum

to the satisfaction of the Trial Court.