The XLV Additional City Civil and Sessions Judge in Bengaluru has granted anticipatory bail to 27-year-old Srikanth T.V., who was accused of outraging the modesty of his landlady and criminal intimidation. The court, presided over by Sri Manjunatha, ruled that since the offenses alleged do not carry the penalty of death or life imprisonment and are triable by a Magistrate, the petitioner’s liberty should be protected subject to strict conditions.

The petitioner, a resident of BDA Layout in Hosakerehalli, had approached the court under Section 438 of the Code of Criminal Procedure, 1973, apprehending arrest by the Girinagar Police. The case, registered under Crime Number 112/2024, stems from a landlord-tenant dispute that reportedly escalated into a physical and verbal altercation.

Background of the Incident and Legal Allegations

The criminal case was initiated following a complaint lodged by Smt. Sanjeevi, the owner of the premises where the petitioner resided as a tenant. According to the prosecution’s version of events, the dispute originated over a rental agreement and security deposit. The complainant alleged that the petitioner had agreed to pay a security deposit of 1,00,000 Rupees and a monthly rent of 12,000 Rupees but had only provided 75,000 Rupees.

The relationship between the landlord and tenant further soured when the complainant requested the petitioner to vacate the house. The petitioner reportedly filed a civil suit against the landlords. On March 26, 2024, the situation turned confrontational. The complainant alleged that Srikanth T.V. approached her, picked a quarrel, and subjected her to verbal abuse in public. Most seriously, she accused him of assault and outraging her modesty.

Consequently, the Girinagar Police registered a First Information Report under several sections of the Indian Penal Code, 1860. These included Section 341 for punishment for wrongful restraint, Section 354 for assault or criminal force to woman with intent to outrage her modesty, and Section 504 for intentional insult with intent to provoke breach of the peace.

Arguments from the Defense and Prosecution

Represented by Advocate Dayanand Hiremath, the petitioner maintained his innocence and argued that the allegations were a result of the ongoing civil dispute over the tenancy. The defense contended that the petitioner had no criminal background and was a permanent resident of Bengaluru, making him unlikely to flee from justice.

The Public Prosecutor strongly opposed the bail petition, arguing that the allegations were serious and involved the safety of a woman. The prosecution expressed concerns that if granted bail, the petitioner would continue to harass the complainant and potentially tamper with evidence or influence witnesses before the final report could be filed.

Judicial Analysis and Ruling

In his analysis, Judge Manjunatha observed that while Section 354 of the Indian Penal Code, 1860 is a non-bailable offense, it is exclusively triable by a Magistrate and does not attract the most severe punishments under the law, such as life imprisonment or death. The court emphasized that the purpose of bail is to ensure the accused’s presence during the trial, not to serve as a pre-trial punishment.

The judge noted that the dispute appeared to be rooted in a civil matter regarding house rent and vacating the premises. The court held that no productive purpose would be served by allowing the police to take the petitioner into custody for interrogation at this stage, provided he agreed to cooperate with the investigation. The court remarked that the prosecution’s concerns regarding the accused absconding could be mitigated by imposing stringent conditions.

Terms and Conditions for Anticipatory Bail

The court allowed the petition and ordered that in the event of his arrest, Srikanth T.V. shall be released on bail upon executing a personal bond for 1,00,000 Rupees with one surety for the same amount. To balance the interests of the investigation and the complainant’s safety, the court imposed the following ten conditions:

1. The petitioner must surrender before the Girinagar Police within 30 days of the order.
2. He must make himself available for interrogation by the Investigating Officer whenever required until the final report is filed.
3. He must mark his attendance at the police station on the first Sunday of every month between 10:00 AM and 2:00 PM.
4. He is strictly prohibited from making any inducement, threat, or promise to any person acquainted with the facts of the case.
5. He must not hamper the investigation or tamper with prosecution witnesses.
6. He is prohibited from intimidating or contacting the complainant.
7. He shall not commit any similar offenses in the future.
8. He must appear before the concerned Magistrate Court whenever directed.
9. He is restricted from leaving the jurisdiction of Bengaluru City without prior permission from the court.
10. He must furnish a notarized copy of his residential identity and address proof and must not change his residence without prior intimation.

The court concluded the order by stating that any violation of these conditions would result in the automatic cancellation of the bail.