Man Accused Of Taking Complainant To Dargah, Assaulting Him Gets Anticipatory Bail; Karnataka HC Notes Complainant Is Out Of Danger

The petitioner, Accused No. 2, sought anticipatory bail in Crime No. 248/2026 of Ranebennur Town Police Station, registered under Sections 115(2), 126(2), 127(2), 133, 140(2), 189(2), 190, 191(2), 351(1), 352 and 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The complaint alleged that the petitioner and other accused wrongfully restrained the complainant and a teacher, assaulted the complainant, took them to Ranebennur and confined them at a Dargah, where the complainant was further assaulted; police intervened and rescued them.

The petitioner denied the allegations, asserted that no individual overt act was attributed to him and relied on the complainant’s simple injuries; the State opposed bail, citing the risk of witness tampering and interference with the investigation.

The Court considered the petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), identified in the judgment as corresponding to Section 438 of the Code of Criminal Procedure, 1973.

In deciding whether to grant anticipatory bail, it considered the nature and gravity of the allegations, the severity of the potential punishment, the likelihood of absconding, the petitioner’s character and antecedents, and the risk of tampering with prosecution witnesses.

The Court cited no precedents.

The Court weighed the allegations of restraint, abduction, confinement and assault against the circumstances that the alleged offences were not punishable with death or imprisonment for life, the complainant had sustained simple injuries and was out of danger, and there was no threat to his life.

Having considered the prosecution materials and the relevant bail factors, the Court concluded that anticipatory bail was appropriate, while addressing the State’s concerns through conditions requiring attendance, cooperation with the trial, non-interference with witnesses and evidence, and regular reporting to the investigating officer.

The police were directed to release the petitioner on bail in the event of arrest, on a personal bond of ₹1,00,000 with two sureties for the like sum, subject to conditions including attendance before the Trial Court, cooperation with the trial, non-interference with witnesses or evidence, restrictions on leaving the police-station jurisdiction without prior intimation, and weekly attendance before the investigating officer for six months or until the final report is filed, whichever is earlier.

The prosecution may seek cancellation of bail if the conditions are violated.