Anticipatory Bail Granted Where No Specific Overt Allegation or Physical Assault is Attributed to Female Applicant.

The applicant sought anticipatory bail regarding Crime No. 272/2026 registered at Police Station Masturi for offences under Sections 118(1) (voluntarily causing hurt by dangerous weapons), 296 (obscene acts), 351(3) (criminal intimidation), and 3(5) (joint liability) of the BNS, with Section 118(2) (causing grievous hurt) added later.

The prosecution alleged that on 04.05.2026, an oral dispute regarding the purchase of coconuts occurred between the applicant and the victim.

The applicant’s son, Gyan @ Lucky Shriwas, allegedly intervened and assaulted the victim with a scissor-like knife, causing injuries to the lip and arm.

The applicant contended she was falsely implicated, 50 years old, and had no role in the physical assault.

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 and her specific role in the incident.

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

Principles of individual liability and common intention under Section 3(5) of the BNS, focusing on whether a specific overt act was attributable to the accused to justify custodial interrogation.

The Court observed that the prosecution’s own narrative attributed the physical assault and the use of a weapon solely to the co-accused (the applicant's son).

It noted that there were no specific or overt allegations against the applicant regarding the infliction of injuries.

The Court found the applicant’s role to be distinct and clearly distinguishable from that of the co-accused who caused the injuries.

Considering the applicant’s age (50 years), her status as a permanent resident, and the lack of evidence suggesting a risk of her absconding or tampering with witnesses, the Court determined that custodial interrogation was not warranted.

The Court held that in the event of arrest, the applicant shall be released on a personal bond with one local surety, subject to conditions including cooperation with the investigation, non-tampering of evidence, regular appearance before the trial court, and a prohibition against committing similar future offences.