Case Note & Summary
The petitioner, Sri. Imran H, filed a criminal petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking anticipatory bail in Crime No. 3/2025 registered at Santhebennur Police Station for offences punishable under Sections 69 and 318(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. The case arose from a complaint lodged by Rabiya Basri, who alleged that the petitioner, a fellow teacher at Wisdom School in Hosur Village, promised to marry her and committed sexual intercourse, later cheating her. The petitioner directly approached the High Court without first seeking anticipatory bail before the Sessions Court. The court noted that while ordinarily a petitioner should first approach the Sessions Court, in exceptional circumstances the High Court can entertain a petition under Section 482 BNSS. Considering the facts and circumstances, the court granted anticipatory bail to the petitioner subject to conditions, including that he shall cooperate with the investigation and not tamper with evidence.
Headnote
A) Criminal Procedure - Anticipatory Bail - Direct Approach to High Court - Section 482 BNSS, 2023 - Petitioner directly approached High Court for anticipatory bail without exhausting remedy before Sessions Court - Court held that in exceptional circumstances, High Court can entertain petition under Section 482 BNSS directly, but ordinarily petitioner should first approach Sessions Court - However, considering facts, Court granted anticipatory bail with conditions (Paras 4-6). B) Criminal Law - Rape - Promise of Marriage - Sections 69, 318(2) BNS, 2023 - Allegation that accused committed sexual intercourse on promise of marriage and later cheated - Court considered nature of allegations and granted anticipatory bail (Paras 2-3).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 482 of BNSS, 2023, when he directly approached the High Court without first seeking remedy before the Sessions Court.
Final Decision
The court allowed the petition and granted anticipatory bail to the petitioner subject to conditions.
Law Points
- Anticipatory bail
- Direct approach to High Court
- Section 482 BNSS
- Section 438 Cr.PC
- Promise of marriage
- Sexual intercourse
- Cheating
- BNS Sections 69 and 318(2)
