Blitz Bureau
THE Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case, has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity, according to Live Law.
Justice T Mallikarjuna Rao also observed,“The anticipatory bail, the extraordinary privilege, should be granted only in exceptional circumstances, where the Court is prima facie convinced that Petitioner is enroped in the crime and unlikely to misuse the liberty granted. The necessity for custodial interrogation of the Petitioner is paramount in this case to facilitate a thorough investigation into the accusations.”
The ruling came in a case where the court was dealing with a criminal petition filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioner was charged under Sections 62 read with 64(1), 74, 75(2), and 333 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 7 read with 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The prosecution’s case was that the accused forcibly entered the victim’s house, beat her and attempted to commit rape. When she raised cries, he closed her mouth, beat her cheeks, and continued his attempt. On hearing her cries, the neighbours rushed in, and the accused escaped.
The Petitioner contended that he was being falsely implicated owing to serious disputes with the defacto complainant and that there was a three-day delay in reporting the alleged incident. Further, there was no material evidence of an attempt to commit rape, and the petitioner was willing to furnish security and comply with conditions for bail.
The court, while denying anticipatory bail to the petitioner, held that in deciding whether bail should be granted in a non-bailable offence, the nature and gravity of the offence must be considered. The Court reasoned that while “pre-trial imprisonment cannot be used as a substitute for punishment without the scrutiny of evidence by the Trial Court”, taking into consideration the facts of the present case, granting bail to the petitioner may have an adverse impact on society.
