Case Note & Summary
The petitioner, Prajwal Revanna, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in connection with Crime No.2/2024 registered at Cyber Crime Police Station, CID, Bengaluru. The offences alleged include Sections 376(2)(n) (repeated rape), 376(2)(k) (rape by person in authority), 354A (sexual harassment), 354B (assault with intent to disrobe), 354C (voyeurism), 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC) and Section 66E (violation of privacy) of the Information Technology Act, 2008. The complaint was lodged on 05-05-2024 by a woman who stated that about 8 years ago, she and her husband joined the farmhouse of H.D. Revanna, the petitioner's father. The petitioner allegedly committed rape on multiple occasions and recorded obscene videos of her. The petitioner had earlier approached the Sessions Court for anticipatory bail, which was dismissed. The High Court heard arguments from the petitioner's senior counsel and the Special Public Prosecutor. The court noted that the investigation is at the final stage and the petitioner is in custody. Considering the nature of allegations and the stage of investigation, the court held that custodial interrogation may not be necessary. The court granted anticipatory bail to the petitioner subject to certain conditions, including furnishing a bond and cooperating with the investigation.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Discretion of Court - Petitioner sought anticipatory bail for offences including rape and cyber crimes - Court held that custodial interrogation may not be necessary as investigation is at final stage and petitioner is in custody - Held that anticipatory bail can be granted subject to conditions (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C. for offences under Sections 376(2)(n), 376(2)(k), 354A, 354B, 354C, 506 IPC and Section 66E of IT Act, 2008.
Final Decision
The court allowed the petition and granted anticipatory bail to the petitioner subject to conditions.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Prima facie case
- Custodial interrogation
- Gravity of offence
- Discretion of court
