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Judgment
Accused in Crime No.72 of 2026 registered by Mangaluru Rural Police Station, Mangaluru City for offences punishable under Sections 329(4), 74 & 75(1) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.72 of 2026 was registered by Mangaluru Rural Police Station, Mangaluru City for the aforesaid offences against the petitioner, based on the first information received from the victim girl, aged 21 years. During the course of investigation, petitioner was arrested on 08.08.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.687 of 2026 was rejected on 20.08.2026. Therefore, he is before this Court.
In the first information dated 07.08.2026 submitted by the alleged victim girl aged 21 years, she has stated that, on the said date when she was alone in the house at about 02.30 p.m., the petitioner who came to her house, knocked the door and when she opened the door, he allegedly enquired about her grandfather John. After she replied that John was not in the house, petitioner allegedly gave his mobile phone number to her and asked her to inform her grandfather to give a ring to the aforesaid mobile phone number. Subsequently, the petitioner allegedly entered the house and pushed the victim to the bed and inappropriately touched her chest and thereby, tried to outrage her modesty.
Petitioner aged 60 years is in custody in the present case from 08.08.2026. Maximum punishment for alleged offences is imprisonment for a period of five years. According to the petitioner, he had a monetary transaction with John and therefore, seeking repayment of the said amount, he had gone to the house of John on the alleged date of the incident.
Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:
ORDER
Criminal petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No. 72 of 2026 registered by Mangaluru Rural Police Station, Mangaluru City for offences punishable under Sections 329(4), 74 & 75(1) of BNS, 2023, subject to the following conditions:
The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future.