Anticipatory bail denied where prima facie evidence exists of house trespass and outraging modesty.

The applicant, a 20-year-old student, sought anticipatory bail regarding Crime No. 54/2026

On March 22, 2026, the complainant alleged that while her husband was away, the applicant was found inside an adjoining room of her house at approximately 9:00 PM following a power outage

It is further alleged that the applicant misbehaved and touched her inappropriately before fleeing upon her raising an alarm

The applicant contended he was falsely implicated due to a long-standing rivalry between neighboring families and political differences

He further argued that Section 331(4) of the BNS was not attracted as there was no intent to commit theft

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the nature of the allegations of house trespass and outraging the modesty of a woman.

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant anticipatory bail

Sections 331(4) (Lurking house-trespass or house-breaking by night) and 74 (Assault or use of criminal force to woman with intent to outrage her modesty) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court's discretion was guided by the gravity of the offense, the prima facie involvement of the accused, and the sanctity of a woman's home

The court evaluated the applicant's defense—specifically his age, student status, lack of criminal antecedents, and the claim of a "false foisting" due to neighborly rivalry—against the gravity of the prosecution's allegations

The court noted that the allegations involved a serious breach of the sanctity of the victim’s home in her husband's absence

Upon perusing the case diary, the court found that the material on record prima facie disclosed the applicant's involvement in forcible entry and the attempt to outrage the victim's modesty

The court determined that the nature and gravity of such offenses outweighed the personal circumstances of the applicant, making the case unfit for pre-arrest bail

The application filed under Section 482 of the BNSS was accordingly dismissed