Bail under Section 439 of Cr.P.C. is not to be denied solely based on serious allegations; the prosecution must provide prima facie evidence relevant to the charges for bail cancellation.

ORDER :

The petitioner/State by Special Investigating Team, CID has preferred the subject criminal petition calling in question the order dated 13-05-2024 passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Criminal Miscellaneous No. 4229 of 2024 granting bail to the respondent invoking its power under Section 439 of the Cr.P.C.

2. Heard Prof. Ravi Varma Kumar, learned Special Public Prosecutor along with Sri B.N. Jagadeesha, learned Special Public Prosecutor appearing for the petitioner and Sri C.V. Nagesh, learned senior counsel appearing for the respondent.

3. Facts, in brief, germane are as follows:-

The genesis of the issue is when certain videos of the son of the respondent which depict sexual abuse and sexual assault on several women get circulated from Hassan Lok Sabha constituency. It is reported then that these videos were an object of sexual exploitation by the then Member of Parliament Sri. Prajwal Revanna. Certain victims come forward to file a complaint against the said Member of Parliament on 28-04-2024 before Holenarasipura Town Police Station. The Holenarasipura Town Police Station then registers a crime in Crime No.107 of 2024 against two persons – one the respondent and the other his son under Sections 354A, 354D, 506 and 509 of the IPC. In connection with the aforesaid case of sexual assault against several women the State constitutes a Special Investigating Team on 28-04-2024 to investigate into the cases registered in connection thereto. Here begins the problem of impugned proceedings.

4. The complainant’s mother has worked in the house of accused No.1/H.D.Revanna as a domestic help for about 6 years. During those years, it is the allegation that she was subjected to sexual assault and violence by the son of the respondent. While committing such sexual assault on her, the son of the respondent had made a video of the said acts. It is seen in the video that the victim is begging him by holding his feet not to commit sexual assault on her. This is the details of crimes which broke out as observed hereinabove. On the said date i.e., 28-04-2024 one Satish Babanna, accused No.2 in the subject crime, at the instance of the wife of the respondent Smt. Bhavani Revanna, Accused No.8 in the subject crime, approached the complainant’s mother and brought her to her house on the morning of the day of election and warned or threatened that she should not approach the Police complaining or co-operating with any investigation. The next day, i.e., on 29-04-2024, it is said, that accused No.2 goes to the house of the complainant and again warned the victim that if the Police come to know anything, they would be sent to jail by registering a complaint. This was the threatening words by accused No.2. Later again, accused No.2 along with the victim travelled on a Hero Honda Splendor bike and come to a certain house. The complainant then registers a complaint on 2-05-2024 alleging that accused No.2, on the instructions of accused No.1, using deceitful means, apprehended the complainant’s mother. The complaint then becomes a crime in Crime No.149 of 2024 against several accused. Accused No.1 is H.D.Revanna and accused No.2 is Sathish Babanna. The offences alleged are Sections 364A, 365 read with 34 of the IPC. On 03-05-2024 the Department transfers the case to the Special Investigating Team of the CID for further investigation. This is the broad background in which the present respondent/accused No.1 is brought into the web of crime along with others.

5. Accused No.1/H.D. Revanna applies for interim/ antici