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Judgment
Mohammad Nawaz, J
Petitioners have preferred this petition praying to enlarge them on anticipatory bail in Crime No.65/2024 of Kuderu Police Station, Chamarajanagar, registered for offences punishable under Section 115(2), 351(2), 351(3), 352 and 76 of BNS, 2023.
In the complaint lodged by one Smt. Nagamani it is averred that on 22.10.2024 at about 8.00 a.m., while she was removing the clothes which were put for drying, accused No.1 suddenly came and pulled her saree and attempted to hug her and when she screamed, her son Shivakumar came and rescued her. She allerted her mother Rajamma who in turn informed the matter to one Mariswamy Shetty and Puttaswamy Shetty. When the said persons went to enquire accused No.1, he abused and dragged them and threatened them with dire consequences. Further, accused No.2-wife of accused No.1 also abused her etc.
Learned counsel for the petitioners has contended that the entire allegations are false and on account of a civil dispute, a false case has been foisted against the petitioners. She submitted that the petitioners are ready to co-operate with the investigation of the case and will furnish sufficient surety to ensure their presence before the trial Court.
Learned High Court Government Pleader, on the other hand, opposed the prayer contending that investigation is in progress and therefore, if the petitioners are granted the relief of anticipatory bail, they may not co-operate with the investigation.
It is alleged that accused No.1 tried to outrage the modesty of the complainant by pulling her sari etc., and when persons by name Mariswamy Shetty and Puttaswamy Shetty questioned him, he abused and assaulted them etc. There are no visible injuries sustained by them. According to learned counsel for the petitioners, complaint is false and motivated and on account of a civil dispute, petitioners are falsely implicated in this case. Offences alleged are not punishable with death or imprisonment for life. Petitioner No.2 is a woman and the allegations against her is that she too abused the complainant in filthy language. Allegations have to be proved in due course. Petitioners may not be required for custodial interrogation. They have undertaken to co-operate with the investigation. Hence, the following:
ORDER
i. The petition is allowed.
ii. The petitioners shall be released in the event of their arrest in Crime No.65/2024 of Kuderu Police Station, Chamarajanagara, subject to following conditions:
a) Petitioners/accused Nos.1 and 2 shall appear before the Investigation Officer within a period of one week from the date of receipt of a certified copy of the order and shall execute a bond in a sum of Rs.50,000/- [Rupees fifty thousand only] each with a surety for the like sum.
b) They shall furnish proof of their address and shall inform the Investigating Officer/Court, if there is any change in the address.
c) They shall make themselves available for the purpose of investigation as and when required and shall co-operate with the investigation.
d) They shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case.
e) They shall not tamper with the prosecution witnesses either directly or indirectly.
f) They shall be regular in attending the Court proceedings.