IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU
(MEMORANDUM OF CRIMINAL MISCLANEOUS APPLICATION
FILED UNDER SECTION 483 OF THE BHARATIYA NAGARIKA
SURAKSHA SANHITA)
IN THE COURT OF THE VII ADDL CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU
CRIME.No.409/2024
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU
CRL.MISC.NO. /2024
BETWEEN RANK OF THE
PARTY
LOWER COURT
THIS COURT
ANIL KUMAR.P
S/o Late Lakshminarayan
Aged about 30 years,
Residing at,
No.18, 2nd Cross,
Bhovi Colony, RMV 2ND Stage,
Nagashetty Halli,
Bengaluru
Native at,
No.1-54, Kurlakunta Village,
Demakitapalli Post,
Chilamattur Mandala,
Hindupura Taluk,
Sri.Satyasai District,
Andhra Pradesh ACCUSED
PETITIONER
AND
STATE BY
KODIGEHALLI.P.S.
Represented by P.P.City Civil
Court-Complex, Bengaluru COMPLAINANT
RESPONDENT
THE PETITIONER ABOVE NAMED, THROUGH APPLICATION
UNDER SECTION 483 OF THE BHARATIYA NAGARIKA SURAKSHA
SANHITA MOST HUMBLY BEGS TO STATE AS FOLLOWS:
1. For the service of Court Notices, Summons, etc., the
Addresses of the petitioners is clearly furnished in the above
cause title for the emergency purpose it may also serve to their
counsel Sri. HARISH PRABHU.S AND ASSOCIATES, Advocates,
No.25, 2nd Floor, 40Feet Road, SVG Nagar, Mudalapalya,
Bangalore-560072. For Similar Purpose the Address of the
Respondent is also correctly furnished in the above cause title.
2. The Respondent Police have registered a case for the
offences Punishable under Section 64(2)(M), 351(2) of The
Bharatiya Nyaya Sanhita. The Petitioner is the sole accused in the
case.
3. The Brief facts of the case is that, on 19-10-2024, the
Complainant Kum.XXX D/o Nataraj, aged about 22 years, residing
at No.18, Aiyappa Nilaya, 5th Cross, 1st Main, Muneshwara Block,
Devinagar, Bengaluru has registered a Complaint alleging that,
she is residing in the above address along with her parents and a
brother and has been working in House keeping of Medical
Surgeon Centre, about 2months back, while she was going for
work one Anil Kumar had introduced himself to her and had been
speaking to her daily, thereafter he had proposed her, which she
had also accepted, it is alleged that on 16-10-2024, she was in
home as she had night shift, it is stated at around 3pm in the
afternoon, Anil kumar had come near her house and called her to
come out, thereafter in the pretext of speaking to her he had
taken her to his home near Sai Baba Temple, Nagashetty halli,
while there was no one at home, it is stated that, he had forced
upon her stating that he would marry her, it is alleged that, he
had put a cloth in her mouth to prevent her from screaming, he
had torn her chudidar and bitten her all over the body, he had
subjected her to sexual harassment the whole night, he had torn
her underwear also, thereafter in the morning next day at around
7am, Anil kumar had dropped her near Sai Baba temple, told her
to go home and left the place, it is alleged that, while the alleged
victim was standing there only , her aunt Mangala had called
upon her at around 9am, thereafter it is stated that, the alleged
victim had informed her and her family about the incident,
thereafter they had called upon him and made her speak to him,
when he informed them that he is already married and asked her
to forget everything and thereafter swithedoff the phone alleging
this the Complainant has registered a Complaint which is
registered by the Kodigehalli Police in Crime.no. 409/2024 for the
offences punishable under section 64(2)(M), 351(2) of The
Bharatiya Nyaya Sanhita. The Copy of the FIR and Complaint is
herewith produced as DOCUMENT-1 and DOCUMENT-2.
4. The Petitioner was arrested on 22-10-2024, he was produced
before the Hon’ble Jurisdictional VII Addl Chief Judicial Magistrate
on 23-10-2024 he was sent to judicial custody as he was not
required for any investigation. The Copy of the Remand
Application and order sheet is produced as DOCUMENT-3 and
DOCUMENT-4.
GROUNDS
5. The Petitioner most humbly submit that, he is innocent of
commission of offences alleged and has been falsely lugged into
the crime for extraneous reasons with oblique motive, Even if the
allegation made against him are accepted in Toto, there are no
reasonable grounds to believe that he is guilty of the offences
alleged. The allegations made against him are denied as false,
ingredients of the alleged offence are lacking.
6. It is most humbly submitted that, the Petitioner is a victim of
circumstances and he is been falsely implicated into the present
case, solely because he refused to accept the love proposal of
the alleged victim, the entire incident alleged to have taken place
on 16-10-2024 is imaginary and concocted solely to implicate the
Petitioner on false charges.
7. The Petitioner humbly submits that, the Petitioner had been
working as Service personnel in ISRO and the alleged victim
came in touch with about 2 months back, friendship developed
between both of them, which was misconstrued wrongly by the
alleged victim, the alleged victim had proposed the Petitioner
herein and he had refused to accept her proposal as he was
already married and having kids.
8. It is humbly submitted that, the alleged victim who was obsessed
with the Petitioner had started to harass the Petitioner to divorce
his wife and marry her, the Petitioner had intimated the same to
the alleged victim’s family members and the same was within the
knowledge of the elders and also the wife of the Petitioner.
9. The Petitioner most humbly submits that, since the Petitioner had
started to avoid the alleged victim due to her misconstrued
behavior and obsession, the alleged victim had been to the
Petitioner’s home and when the Petitioner refused to talk to her,
she had picked up a quarrel with his wife Smt.Kusuma, due to
which Smt.Kusuma had warned the alleged victim and her aunt
that, she would register a Police complaint, if they continue to
harass her husband, due to which this entire complaint is been
concocted on an imaginary incident and the Petitioner is
implicated by invoking grave sections of the Bharatiya Nyaya
Sanhita to project the Petitioner in bad light.
10. The Petitioner most humbly submits that, the Petitioner is
residing in the House at Nagashetty Halli along with his wife and
children, one kid is aged about 3.5 years and another kid is aged
about 1.7 years, there is absolutely no chance of the Petitioner
taking the alleged victim to the same house and raping her.
11. It is most respectfully submitted that, the Complainant in
her Complaint itself clearly states that, her mobile was with her,
on which she had received the call of her aunt in the morning,
taking the same into consideration, the victim neither called upon
her parents or police for help, for a period between 3pm on 16-
10-2024 to 9am on 17-10-2024, which clearly projects that, no
such incident took place and the entire allegations are imaginary
and tactically done to implicate the Petitioner into this false case
and also deter his family members and his wife Kusuma.
12. It is most respectfully submitted that, the entire case is
stage managed to blackmail the Petitioner to accept the proposal
of marriage of the alleged victim, the Petitioner is ready and
willing to co operate with the investigation of the present case, to
elucidate the truth of the matter.
13. It is submitted that, the investigation with reference to the
Petitioner is completed and sent to judicial custody, even the
statement of the victim under section 164 of Crpc is recorded and
keeping the Petitioner in judicial custody would not serve any
fruitful purpose and it would only amount to pre trail detention
which would be punitive in nature and consider bad in law.
14. The Petitioner is aged 30 years, working as an employee in
ISRO and has led a dignified life till date and if kept in judicial
custody, he and his family would be severely humiliated before
the society, as most of them do not distinguish between pre trail
detention and conviction. The Petitioner is survived by his wife
Smt.Kusuma and kids aged about 3.5 years and 1.7 years. The
Copy of the Identity Card is produced as DOCUMENT-5.
15. The Petitioner further humbly submits that, he is residing at
the address stated in the cause title and permanent of Andhra
Pradesh with movable and immovable properties. The petitioner
is a respectable citizen and having deep roots in the society. The
Address proof are furnished as DOCUMENT-6.
16. The Petitioner humbly submit that, he is ready and willing to
furnish adequate surety for his due appearance before the Court.
He undertake that, he will not tamper with the prosecution
witnesses and is ready and willing to abide by all conditions
imposed by this Hon’ble court
17. The Petitioner humbly submit that, no petition of same
nature is pending before any other court of law and produce
additional documents at the time of hearing the main Petition.
WHEREFORE, the Petitioner named above pray that, this Hon’ble
Court may be pleased to pass an order, enlarging the Petitioner on bail
in Crime.no.409/2024 registered by Kodigehalli police station,
Bengaluru for the offence punishable under Section 64(2)(M), 351(2)
of The Bharatiya Nyaya Sanhita, pending before the Hon’ble VII th Addl
Chief Judicial Magistrate, at Bengaluru, to meet the ends of justice.
BENGALURU
DATE: 30-10-2024 ADVOCATE
FOR PETITIONER
(HARISH PRABHU.S)
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU
CRL.MISC.NO. /2024
PETITIONER: ANIL KUMAR.P
V/s
RESPONDENT: STATE BY KODIGEHALLI PS
INDEX
SL.N DESCRIPTION PAGE.N P.F
O O
1. MEMORANDUM OF APPLICATION UNDER
SECTION 483 OF THE BHARATIYA NAGARIKA
SURAKSHA SANHITA.
2. THE COPY OF THE FIR AND COMPLAINT AS
DOCUMENT-1 AND DOCUMENT-2.
3. THE COPY OF REMAND APPLICATION AND
ORDER SHEET AS DOCUMENT-3 AND
DOCUMENT-4.
4.
THE COPY OF THE IDENTITY CARD AND
ADDRESS PROOF OF THE PETITIONER AS
DOCUMENT-5.
5.
MEMO OF APPEARANCE
6.
PROCESS MEMO WITH RESPONDENT COPY.
BENGALURU
DATE: 30-10-2024 ADVOCATE FOR
PETITIONER
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU
CRL.MISC.NO. /2024
PETITIONER: ANIL KUMAR.P
V/s
RESPONDENT: STATE BY KODIGEHALLI PS
MEMO OF APPEARANCE
The Advocates undersigned have been assigned to appear, represent
and prosecute the above case in Crl. Misc Petition, in behalf of the
Petitioner , the Advocates most humbly pray that, this Hon’ble court
may be pleased to grant them permission to do the same, in the
interest of Justice.
BANGALORE
DATE: 30-10-2024 ADVOCATES
HARISH PRABHU.S
KAR 1402/2009
No.25, 2 nd Floor,
40Feet Road, SVG Nagar,
Mudalapalya,
Bengaluru 560 072
Phone: 9900626465
E mail:
harishprabhu00@gmail.com
