Hanumantha D vs State Of Karnataka

R. Nataraj, J

The petitioner has sought for anticipatory bail in Crime No.52/2026 registered by the respondent for the offences punishable under Sections 329(3) 75, 77, 78 and 79 of the Bharatiya Nyaya Sanhita, 2023.

Briefly stated that, the case of the complainant was that the petitioner was stalking her and on 19.02.2026, he entered her house illegally and unauthorisedly and asked for a screwdriver. When she was searching for it, the petitioner went around her and tried to sexually assault her. The complainant extricated herself and came out of the house and shouted for help. At that point of time, some villagers rescued her and the petitioner ran away from the spot. The complainant therefore sought action against the petitioner. Consequent thereto, a case in Crime No.52/2026 was registered for the aforesaid offences. An application filed by the petitioner for anticipatory bail was rejected by the Trial Court in terms of its order dated 24.03.2026. Therefore the petitioner is before this Court.

Learned counsel for the petitioner submits that the petitioner and the complainant are neighbours and that there are some disputes between them. He contends that the complainant is also married while the petitioner is also married and based on a false complaint lodged against him, he apprehends arrest by the respondent-police. He also submits that a perusal of the complaint would indicate that the petitioner was allegedly stalking the complainant for a long time but no steps were taken in that regard. He submits that the offences alleged are neither punishable by death nor life imprisonment and he submits that the petitioner would cooperate with the investigation of the aforesaid offences and also undertakes to comply with any conditions that may be imposed.

Learned High Court Government Pleader on the other hand submits that the petitioner had forcibly tried to sexually assault the complainant and therefore, the petitioner's presence is required for interrogation. She therefore prays that, if anticipatory bail is granted, there is a possibility of the petitioner hampering the investigation. She therefore prays that the petition be dismissed.

I have considered the submissions made by the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.

The offences alleged against the petitioner are under Sections 329(3) 75, 77, 78 and 79 of the Bharatiya Nyaya Sanhita, 2023. Neither of the offences are punishable to death nor life imprisonment. It also appears that the petitioner and the complainant were neighbours and the claim of the petitioner is that there was some disputes between them, cannot be disbelieved. Be that as it may, since the offences are not punishable with death or life imprisonment, the apprehension of the learned High Court Government Pleader can be addressed by imposing suitable conditions on the petitioner. Moreover, there is no history of the petitioner indulging in similar offences.

In that view of the matter, the following:

ORDER

i) The petition is allowed.

ii) The petitioner is granted anticipatory bail and the respondent is directed to release the petitioner in the event of registered Crime No.52/2026 subject to he complying the following conditions:

a. He shall execute a personal bond for Rs.50,000/- with a solvent surety for the likesum and to the satisfaction of the Trial Court.

b. He shall appear before the Investigating Officer once every week on a Saturday at 11.00 a.m. until a charge sheet is filed.

c. He shall not commit any offence similar to the offence of which he is accused or suspected of commission of which he is suspected. He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

d. In the event of violation of any of the above conditions, it is open for the Investigating Officer / prosecution to seek for cancellation of the bail.

Learned High Court Government Pleader is permitted to file her memo of appearance within ten days.