(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.1 has filed this petition under Section 482 of Bharatiya Nagarika Surksha Sanhita, 2023 (for short 'BNSS') (438 of Cr.P.C .) to grant him anticipatory bail in CC.No.129/2024 for the offences punishable under Sections 75 , 64(2)(m) , 49 , 351 , 329(3) , 329(4) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. In support of the petition, petitioner has contended that he has not committed the alleged offences and has been falsely implicated. The alleged incident has taken place on 30.08.2024 whereas the complaint is filed on 02.09.2024. On 30.08.2024, petitioner and his family members were attacked by the family members of the complainant herein. In respect of the said incident, the mother of the petitioner filed a complaint on 01.09.2024 against the family members of -3- NC: 2024:KHC-D:16607 CRL.P No. 103326 of 2024 the complainant for the offences punishable under Sections 189(2) , 191(3) , 115(2) , 118(1) , 352 , 351 , 329(4) , 190 of BNS 2023 and Sections 3(1)(r) , 3(1)(s) , 3(2)(va) of SC/ST Act 2015. It is registered in Crime No.128/2024 and investigation is taken up.

2.1 In the said incident, petitioner is injured and he was hospitalized from 30.08.2024 to 21.09.2024. As per the medical report, petitioner has suffered fracture of both knee joints, fracture of ankle, left middle and index finger, left wrists joint, left nazal bone, fracture of anterior and lateral wall of maxillary sinus. Due to the knee fracture, the petitioner is not able to walk throughout his life. In the event of his arrest and remanding to judicial custody, the petitioner may become hardcore criminal. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the Trial Court and pray to allow the petition.

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3. Learned High Court Government Pleader submitted oral objections stating that the prosecutrix is aged 20 years. Her marriage was fixed. The brothers of prosecutrix were going to coolie to the land of petitioner. With this acquaintance, petitioner started visiting the house of the prosecutrix. In this background, on the instigation of accused Nos.2 to 6, about 20 days prior to 02.09.2024, when the prosecutrix was alone, petitioner entered her house and showing knife, forced her to take photographs in romantic pose. Under fear, she took photographs as directed by the petitioner. Thereafter, petitioner committed rape on her.

3.1 When she was alone in the land, petitioner demanded her to sleep with him or else he would show the photographs to her would be husband and committed rape on her. He has also sent photographs to her would be husband. On 30.08.2024, at 10.00 am, when her parents and brothers were gone to the land, -5- NC: 2024:KHC-D:16607 CRL.P No. 103326 of 2024 and proseuctrix was alone, petitioner entered her house and gave threat and demanded to sleep with him. He also tried to kill her by squeezing her neck. Her father and brothers came and advised him. After discussing with elders of the family, she has filed the complaint.

3.2 Based on the complaint, the concerned police have registered case in Crime No.129/2024 for the offences punishable under Sections 75 , 64(2)(m) , 49 , 351 , 329(3) , 329(4) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and taken up investigation. The allegations made against the petitioner are grave and requires his custodial interrogation and also for medical examination. After the registering of case, all the accused persons have absconded. Having regard to the gravity of the allegations made, it is not a fit case to grant anticipatory bail and pray to reject the petition.

4. Heard arguments and perused the records. -6-

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5. Thus, petitioner who is arraigned as accused No.1 is seeking anticipatory bail contending that on 30.08.2024 the father, brothers and other close relatives of prosecutrix barged into his house and assaulted him black and blue resulting in multiple fractures. After his mother filed complaint, as an afterthought, they have got filed a false complaint against the petitioner and others. In fact, from 30.08.2024 to 21.09.2024 petitioner was admitted to the hospital and under treatment.

6. However, the allegations made against the petitioner is that about 20 days prior to the date of filing complaint, he committed rape on prosecutrix under threat of assaulting with knife, and this was done at the instigation of accused Nos.2 to 6. It is also alleged that petitioner forced her to take photographs with him in romantic pose and has sent them to the boy with whom prosecutrix was engaged. On 30.08.2024 at 10.30 am also petitioner raped her in the land.

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7. Even though in respect of the incident dated 30.08.2024, wherein the petitioner was assaulted resulting in multiple fractures, the complaint filed by the mother of the petitioner is earlier in point of time and is registered in Crime No.128/2024, and the complaint filed by the prosecutrix on 02.09.2024 which is registered in Crime No.129/2024 appears to be an afterthought, having regard to the allegations that about 20 days prior to the filing of the complaint, the petitioner has raped her and again on 30.08.2024, he made an attempt to rape her, the custodial interrogation of the petitioner and his medical examination is necessary. Though the prosecutirx is aged 20 years, since the allegations made are very grave attracting punishment of imprisonment for a period not less than ten years and may extend to imprisonment for life, this Court is of the considered opinion that this is not a fit -8- NC: 2024:KHC-D:16607 CRL.P No. 103326 of 2024 case to grant anticipatory bail to the petitioner and accordingly, the following: