Anticipatory bail granted under Section 74 of the BNS, considering no prior criminal record and the nature of allegations.

ORDER

This is an application for anticipatory bail

2. Petitioners are accused in Crime No.199/2025 of Vadakkekara police station, Ernakulam district, alleging commission of offences under Sections 329 (3) , 296(b) , 324(2) and 74 of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. Allegation against the petitioners is that, owing to animosity that the 1^st accused had towards the father of the de facto complainant, petitioners trespassed into the house of the de facto complainant and the 1^st accused verbally abused the de facto complainant’s father. It is further alleged that the 2^nd accused pushed the gate of the house, as a result of which certain injuries were suffered by the de facto complainant on his right hand and damage was caused to the motor cycle parked near the gate. It is also alleged that the 3^rd accused caught hold of the mother of the de facto complainant and pushed her down.

4. Learned counsel appearing for the petitioners would submit that the only non-bailable offence alleged against the petitioners is that under Section 74 of the BNS and even if the entire allegations are accepted to be true, the offence under Section 74 of the will not be attracted in the facts of this case. It is submitted that the only allegation to attract the offence under Section 74 of the is that the 3rd accused had pushed the mother of the de facto complainant.

5. Heard the learned Public Prosecutor also. Learned Public Prosecutor refers to the First Information Statement and contends that there are allegations against the petitioners which would attract the offence under Section 74 of the BNS . It is submitted that, in such circumstances, the petitioners are not entitled to anticipatory bail.

6. Having heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and having regard to the fact that the only non-bailable offence alleged against the petitioners is that under Section 74 of the BNS and taking into account the fact that the allegation to attract the offence under Section 74 of the is that the 3rd accused in the case had pushed the mother of the de facto complainant by her shoulder, I am of the view that anticipatory bail can be granted to the petitioners also taking into account the fact that there are no criminal antecedents reported against the petitioners.

In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.199/2025 of Vadakkekara police Station subject to the following conditions:-

(i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the Arresting Officer;

(ii) Petitioners shall appear before the investigating officer in Crime No.199/2025 of Vadakkekara Police station as and when summoned to do so;

(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.199/2025 of Vadakkekara police station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No..199/2025 of Vadakkekara police station may file an application before the jurisdictional court, for cancellation of bail.