Bail granted despite serious allegations due to the simplicity of injuries and familial relationship, with stringent conditions to mitigate risks.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNS S’) for grant of regular bail in Crime no.11/2025 by Hansabhavi Police Station, Haveri district for offences punishable under Sections 115(2) , 126(2) , 329(4), 74, 76, 64, 62 , 352 and 351(3) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) by sole accused (petitioner).

2. Sri Avinash Banakar, learned counsel for petitioner submitted, case of prosecution was that Smt.Laxmi filed complaint at 5:00 p.m. on 17.01.2025, stating that she was residing with her husband at Bavapur, Hirekerur taluk, where they did coolie work and chicken farming for livelihood. On 12.01.2025, petitioner had beaten one hen injuring its leg. When complainant questions same, petitioner abused her by stating, if they entered his land, he would do same and threatened her for questioning him.

3. At about 1:00 p.m. on 15.01.2025, when complainant was sitting infront of her house, petitioner came there and suddenly pulled her by her hair and abused her by stating that if her chicken entered in land, he would injure them. He pulled her inside house, close door and after uttering threat to rape her, he pulled at her Nighty tearing it. When she screamed, he began beating her on her cheek, ear, chest and back. He also lifted and threw her on floor causing injury to her waist, due to which she was lying down. Hearing her cries, Kavya (brother-in-law’s wife) arrived there, opened door, diffused situation and saved her. At that time petitioner left threatening her, though she was saved, he would not leave her. Shortly, Anand Lamani (brother-in-law) arrived. She called her husband who was in Byadagi, informed him about incident and asked him to come back.

4. It was further stated, after her husband came back and was taking her on his motorcycle to Hirekerur Hospital for treatment, petitioner followed them on his motorcycle. He blocked them near Tavaragi Halla and threatened to kill them and not allow them to survive in village, in case they filed police complaint. Thereafter, they went to Hirekerur Government Hospital, took treatment. As per advise, she went to Shikaripur Hospital in ambulance for higher treatment, and was under treatment as inpatient. Alleging that petitioner had committed offences of assault, attempt to rape etc., she filed complaint. Based on same, Crime no.11/2025 was registered Hansabhavi Police Station.

5. It was submitted, as per complaint, incident occurred on 15.01.2025, but complaint was filed only on 17.01.2025, belatedly with sole intention to implicate petitioner and harass him. It was submitted complainant and accused were relatives i.e. brother and sister ruling out probability of rape. For said reason, allegation of outraging modesty would also be farfetched. It was also submitted injury sustained being simple would also indicate that petitioner was falsely implicated and got arrested on 17.01.2025. It was submitted, petitioner was law 36 year old agriculturist and permanent resident of Bavapur village and would not jump bail. Hence, prayed for granting bail on any conditions.

6. On other hand Smt.Girija S. Hiremath, learned HCGP opposed petition. At outset and even though nature of injuries as per treatment records was simple, same would not mitigate gravity of offences as they were committed against woman. It was submitted, there were specific overt act against petitioner mentioned in complaint, for abusing, threatening and attempting to rape her, which were heinous in nature. Moreover, investigation was in progress and if bail were granted, petitioner was likely to threaten prosecution witnesses and hamper investigation. On above grounds sought for rejection.

7. Heard learned counsel and perused material available on record.

8. From above, only point that would arise for consideration is:

“Whether petitioner is entitled for grant of regular bail on condition?

9. This petition is for