Anticipatory bail is warranted where parents face no prima facie rape material and only peripheral allegations.

The victim alleged that accused No. 1, the son of the petitioners, had sexual relations with her on a promise of marriage while she was staying at the petitioners’ home.

After she became pregnant, the petitioners allegedly advised her family to terminate the pregnancy and later refused to consent to the marriage.

The victim’s complaint led to Crime No. 249/2026, registered for offences under Sections 64(2)(m), 69 and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

The petitioners, arrayed as accused Nos. 2 and 3, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023

1. Whether the petitioners were entitled to anticipatory bail in light of the allegations and material against them

2. Whether anticipatory bail could be granted subject to conditions addressing the petitioners’ cooperation with the investigation and the risk of interference with witnesses

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides for anticipatory bail.

In deciding whether to grant that relief, the Court considered the nature and gravity of the allegations, the severity of the punishment, the likelihood of the accused absconding, their character and antecedents, and the possibility of tampering with prosecution witnesses

The Court cited no precedent.

The Court distinguished the allegations against accused No. 1 from those against the petitioners.

The victim’s Section 183 BNSS statement specifically described the alleged sexual assault by accused No. 1, while the allegations against the petitioners concerned their alleged role in advising termination of the pregnancy and their subsequent refusal to agree to the marriage.

Considering the material and the parties’ submissions, the Court found no serious allegation or material warranting the petitioners’ arrest and concluded that the circumstances justified anticipatory bail, subject to safeguards.

Each petitioner was required to execute a personal bond of ₹2,00,000 with two sureties for the like sum, surrender to the investigating officer within 15 days of receiving the certified order, attend court hearings, refrain from tampering with witnesses or committing similar offences, and report to the investigating officer on the first and sixteenth of each month for six months or until the charge-sheet is filed, whichever is earlier.

A breach of conditions would permit the prosecution to seek cancellation of bail.