Shri.K.Hemant Rao v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(A)/5/2025 Re: An application for anticipatory bail under section 482 of the Code of Bharatiya Nagarik Suraksha Sanhita 2023 in connection with Police Station Pahargaon, Crime No.93 of 2025 dated 3107.2025 under section 376 (1) of the Indian Penal Code.
And In the matter of:. K. Hemant Rao ... Petitioner Ms. Anjili Nag, Sr.Adv.
Ms.K.Bhawani ... for the petitioner Mr. Sumit Karmakar ... for the State August 4, 2025 [SR] Item No. 5 Learned counsel for the petitioner submits that there was a consensual relationship between the petitioner and the defacto complainant all throughout and upon such relationship turning sour, the present complaint has been lodged. The petitioner was pressurized by the defacto complainant and her family to marry her and upon the petitioner marrying another lady, the complaint was lodged.
In the initial complaint lodged on 23rd May, 2025, no allegation under section 376 of the Indian Penal code was made out. A subsequent complaint was lodged on 1st August, 2025 which includes an allegation of rape. The petitioner has been falsely implicated. His custodial interrogation is not required.
Opposing the prayer, learned counsel for the State submits that the petitioner was in a relationship with the victim girl for about nine years on an assurance of marrying her which led to an expectation in the victim girl of such marriage.
The petitioner has been absconding since 31st July, 2025. Investigation is at a nascent stage. His custodial interrogation is necessary in order to unravel the truth.
I have considered the material on record.
It is not in dispute that there was a consensual relationship between the petitioner and the defacto complainant for about nine years which subsequently turned sour. The relationship was within the knowledge of the family members of both the parties. Though there was cordial relationship between them in the beginning, the petitioner allegedly refused to marry the victim girl subsequently and has married another other lady of his service. The defacto complainant and her family members insisted on the marriage of the petitioner with the defacto complainant and upon the petitioner's refusal, the present complaints were lodged. Investigation is in progress.
Considering the material on record as well as the nature of the allegations, this Court is of the view that the custodial interrogation of the petitioner is not required and he may be granted anticipatory bail subject to his cooperating in investigation of the case. Accordingly, the prayer for anticipatory bail is allowed. In the event of arrest, the petitioner be released on bail on furnishing a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of like amount each, to the satisfaction of the arresting officer subject to the provisions laid down under section 482(2) of the BNSS. The petitioner shall cooperate in investigation and shall meet the investigating officer once a week till submission of chargesheet. The petitioner shall not leave these islands without prior permission of the trial Court.
He shall surrender before the learned trial Court and pray for regular bail within a week from date.
CRM(A)/5/2025 is accordingly disposed of.
Case diary be returned.
Urgent photostat certified copy of the order, if applied for, be supplied to the parties, upon compliance of all necessary formalities. ( Suvra Ghosh, J.)