Rohit V vs State Of Karnataka

S Vishwajith Shetty, J

Accused in Crime No.79/2025 registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 74, 76, 115(2), 324(4), 324(5), 329(4), 351(2), 351(3) & 352 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

Heard the learned counsel appearing for the parties.

FIR in Crime No.79/2025 was registered by Bannerghatta Police Station, Bengaluru District for the aforesaid offences against the petitioner herein, on the basis of first information dated 19.03.2025 received from the victim lady. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5160/2025, which was rejected on 07.04.2025. Therefore, he is before this Court.

Learned counsel for the petitioner submits that earlier criminal petition filed by the petitioner before this Court was dismissed since there was some typographical mistake in the petition. The petitioner and his uncle Ramappa have a civil dispute with regard to family property. The alleged victim is working in the house of aforesaid Ramappa. A false case has been registered against the petitioner at the instance of Ramappa. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.

Per contra, learned HCGP has opposed the bail petition. He submits that the petitioner has not cooperated with the police during the course of investigation. Investigation is now completed and charge sheet has been filed. Accordingly, he prays to dismiss the petition.

A perusal of the material on record would go to show that, the victim lady is working as a cook in the house of Ramappa, lawyer, who is the uncle of the petitioner. In the first information it is alleged that, on 19.03.2025 when the victim was in the house of Ramappa, the petitioner, who allegedly came there had forcibly entered the house and thereafter abused the victim using filthy language and outraged her modesty by pulling her clothes. He also allegedly abused and assaulted the son of the victim when he tried to interfere. Thereafter, Jayappa, who is the brother of aforesaid Ramappa and his wife who came there had rescued the victim and her son.

The maximum punishment for the alleged offences is imprisonment for a period of seven years. Undisputedly, the petitioner has no criminal antecedents. Investigation of the case is complete and charge sheet has been filed. Learned HCGP submits that during the course of investigation, the hammer used by the petitioner for the purpose of breaking open the door to gain entry into the house has been already seized. Since the investigation is already completed, the petitioner's custody is no more required by the police. Undisputedly, the petitioner has no criminal antecedents. Under these circumstances, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively.

Accordingly, the following:

ORDER

The Criminal Petition is allowed.

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.79/2025 registered by Bannerghatta Police Station, Bengaluru District for the offences punishable under Sections 74, 76, 115(2), 324(4), 324(5), 329(4), 351(2), 351(3) & 352 of BNS, 2023 subject to the following conditions:

The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigation Officer / jurisdictional Court.

The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

The petitioner shall not involve in similar offences in future.