The court determined that insufficient evidence warranted bail despite serious allegations, emphasizing the rights of the accused.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicant is the accused in Crime No.335/2025 of Marayoor Police Station, Idukki District. The offences alleged are punishable under Sections 329 (3), 74 and 115(2)

of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS').

3. The prosecution case, in short, is that on

20.05.2025 at about 6:30 PM, the accused, harboring a grudge against the complainant and her mother due to the latter’s involvement in the disputes between the accused and his wife, unlawfully trespassed into the residence of the complainant located at Michael Giri Kara, Mission Vayal ST Colony area, Kanthalloor village, where the complainant resides with her family. With the deliberate intention to harass and insult the complainant and her mother, the accused forcefully caught the complainant’s mother by her hair and pulled it. When the complainant tried to intervene, the accused slapped her on her right cheek, causing pain, and further manhandled her by grabbing her body and pushing her, thereby subjecting her to physical hurt and humiliation, thereby the accused is alleged to have committed the above offences.

4. I have heard Smt.Sreelakshmi Sabu, the learned counsel for the applicant and Sri.M.P.Prasanth, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

6. As per the FIR, the only non-bailable offence alleged is under Section 74 of the BNS. A reading of the FIS would indicate that there are no allegations to attract the ingredients of Section 74 of BNS. The applicant and the defacto complainant are neighbours. It appears from the FIS that there exists disputes between them. According to the defacto complainant, the applicant trespassed into her house, there was a scuffle between the defacto complainant's mother and the applicant, and when the defacto complainant intervened, the applicant assaulted her also. There is no allegation of any act amounting to outraging her modesty. The learned Public Prosecutor submitted that now Section 329 (3) of BNS has been deleted and Section 332(c) has been incorporated, which is a non-bailable offence. However, considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the applicant is not necessary. For these reasons, it is a fit case where pre-

arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any