The Court of the XLV Additional City Civil & Sessions Judge, Bengaluru City (CCH-46), presided over by Sri Manjunatha, B.A., LL.B., delivered a judicial order on April 1, 2024, allowing an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 2996/2024 extended pre-arrest bail protection to Sri V. Yashwanth in connection with Crime No. 42/2024 registered by the Sanjaynagar Police Station, Bengaluru. The petitioner faced apprehension of arrest for alleged offences punishable under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a formal complaint lodged regarding an incident on the street:

• The Incident: According to the complaint filed by Smt. Shreya Bansal (25 years), on March 1, 2024, at approximately 8:10 PM, while she was walking in front of the RMV Multi-Specialty Clinic situated at 2nd Cross, 2nd Main Road, RMV II Stage, within the Sanjaynagar Police Station limits, the accused allegedly drove up behind her in a car and intentionally struck her on the left hip with malafide intent, thereby outraging her modesty.
• Police Registration: Following the complaint, the Sanjaynagar Police registered Crime No. 42/2024 under Section 354 IPC, prompting the petitioner to approach the Sessions Court seeking anticipatory bail apprehending arrest.

Details of the Petitioner

• Name: Sri V. Yashwanth
• Father’s Name: Sri Veeresh
• Age: About 25 years
• Residential Address: No. 141A, Geetha Nivas, 3rd Main, 1st Block, Dollars Colony, Bengaluru North, Bengaluru – 560 094.
• Legal Representation: Sri/Smt. P. Narayanaswamy, Advocate
• Prosecution Representation: Learned Public Prosecutor, State by Sanjaynagar Police Station

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Innocence and False Implication: The defense maintained that the petitioner was entirely innocent, had not committed any offence, and was falsely implicated.
2. Apprehension of Arrest: Counsel urged that the offence alleged under Section 354 IPC, while non-bailable, is not punishable with death or life imprisonment, and is exclusively triable by a Magistrate, making pre-arrest protection appropriate given his permanent residence in Bengaluru.

On Behalf of the Respondent (State)

1. Opposition to Pre-Arrest Bail: The learned Public Prosecutor filed detailed objections opposing the petition, contending that releasing the petitioner on anticipatory bail could lead to him causing further harassment to the complainant, tampering with witnesses, or destroying evidence.

Judicial Findings and Legal Reasoning

Upon evaluating the case records, FIR details, and rival submissions, Judge Manjunatha recorded definitive findings on Point No. 1:

1. Nature of Penal Provisions: The court observed that the offence alleged under Section 354 IPC is non-bailable, but it is not punishable with death or imprisonment for life, and it is exclusively triable by a Magistrate.
2. Custodial Unnecessity: The judge noted that the petitioner is a permanent resident of Bengaluru with undisputed residential roots, and no meaningful purpose would be served by subjecting him to custodial interrogation, provided he cooperates with the police.
3. Sufficiency of Conditions: Holding that the apprehensions raised by the prosecution regarding potential interference or failure to appear could be effectively safeguarded by imposing stringent conditions, the court ruled in favor of granting pre-arrest bail.

Final Anticipatory Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 438 Cr.P.C.

The court ordered that Sri V. Yashwanth be released on bail in the event of his arrest in connection with Crime No. 42/2024 of Sanjaynagar Police Station, upon executing a personal bond for ₹1,00,000/- with one surety for the like sum to the satisfaction of the concerned Investigating Officer or Magistrate, subject to the following strict conditions:

1. Investigative Availability: The petitioner shall make himself available for interrogation by the Investigating Officer as and when required until the final report is filed, and shall assist in the further investigation.
2. Attendance Marking: He shall mark his attendance once a month on the first Sunday of every month between 10:00 AM and 2:00 PM before the Investigating Officer until the filing of the final report or further orders.
3. Surrender Timeline: The petitioner shall surrender before the concerned police station within 30 days from the date of the order without fail.
4. No Witness Intimidation: He shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing facts to the court or police, nor intimidate the complainant or tamper with evidence.
5. Non-Recidivism: He shall not commit similar offences or any offences in future.
6. Court Attendance: He shall appear before the concerned Magistrate Court as and when directed.
7. Jurisdictional Restriction: He shall not leave the jurisdiction of Bengaluru City without prior permission of the court.
8. Residence Continuity: He shall not change his place of residence outside the jurisdiction of Bengaluru City without prior intimation.
9. Identity Proof: He shall furnish a notarized copy of his residential address proof.
10. Cancellation Clause: Any violation of the aforesaid conditions shall result in the automatic cancellation of the bail order.