Facts:

Amrita Singh killed Arun Kumar when she caught her husband in an illicit situation with
Maria. Out of furious nature, she killed Maria, when they got into a fight after Maria told
Amrita to go out of the life of Arun and stop making his life troublesome with her everyday
tantrums and torture. Out of self-defence Amrita accidentally killed Maria. Further Arun and
Amrita both disposed of the body in a forest by setting it ablaze. Later on, Maria’s sister
Nancy filed a case for the arrest of the couple alleging they killed Maria.
 BEFORE THE COURT OF METROPOLITAN MAGISTRATE AT
BANNERGHATTA POLICE STATION, BENGALURU

IN THE MATTER OF STATE

MARIA D’ SOUZA
…..…. PLAINTIFF
VS
ARUN KUMAR
….… RESPONDENT

19/2023,
8 February 2023
Bannerghatta Police Station
U/S 376 IPC

APPLICATION UNDER SECTION 438 CRPC FOR ANTICIPATORY BAIL

Arun Kumar
S/o Mr Anil Kumar
R/o of 43, Hulimavu Gate, Bannerghatta Main Road, 560072

Sir/ Madam

The applicant/petitioner most respectfully prayed as under: -

(1) That the applicant/petitioner has been falsely implicated in the above-noted case
though there is no evidence with the prosecution to connect the applicant with the
crime in question.
 (2) That the brief facts of the case are as under: -

On date 5-2-2023 at about 6:30 pm Ms Maria came to Mr Arun Kumar’s house for a birthday
party hosted by Arun Kumar’s brother Kishan Kumar resident of 48, Hulimavu Gate. Ms
Maria after getting intoxicated entered Mr Arun’s room and tried to sexually assault him. But
as it was too late for her to go back again Mr Arun gave her a room to sleep in at night, but
later after when she found herself in Mr Arun’s room in the morning. Ms Maria got paranoid
and started accusing Mr Arun of raping her. On the basis of which the present FIR is filed.

(3) That the petitioner now craves for the grant of anticipatory bail on the following
grounds amongst others: -

(i) That during the trial of the accused namely Mr Arun Kumar, the prosecution could
examine four witnesses and later on the prosecution evidence was closed. And all the
witnesses from PW-1 to PW-4 have resiled their version of the prosecution story, so
much so, that not even a single fact was admitted by them. All the PWs. denied the
accusation by the defendant about the occurrence in the present case. The PWs
categorically denied even the recording of their statement by the police which is EXP-
A to EXP-C in the court file and thereby the denial of even the lodging of the alleged
FIR and hence finding no incriminating evidence on the file this Hon’ble court
acquitted the accused.
(ii) That is keeping in view the testimony of the PWs. including the complainant who
allegedly was also the eyes witness of the occurrence, there is not the slightest
possibility of the conviction of the present petitioner. Hence this bail application.
(iii) That nothing is to be inferred from the present case to accuse the petitioner as
there was no mal intention to cause any harm to the complainer and hence there is no
need for his custodial interrogation of the applicant/petitioner by the police.
(iv)That petitioner is now ready to face the trial of the case.
(v) That the petitioner is ready to join the investigation as and when directed by this
Hon’ble court.
(vi)That the petitioner is ready to abide by all and every condition as may be imposed by
this Hon’ble court.
(vii) That there is no likelihood of his tempering with the prosecution evidence nor
evading to take the trial.
(viii) That arrest warrants of the petitioner have been issued by the court of
Metropolitan Magistrate, Bengaluru for charges of rape and he is having apprehension
for his arrest by the police of P.S. Bannerghatta at any time.
(ix)   It is, therefore, prayed that the petitioners may kindly be
granted anticipatory bail and SHO/I.O, of P.S. __________ may
kindly be directed to release the petitioner on bail in the event of his
arrest, in the interest of justice.
(x) Dated
                                                         
(4) That the accused has been involved in a false and frivolous case by one Ms Maria by
lodging a complaint with the SHOPS Mr Aditya Kapoor on 5 February 2023 for an
offence under sections 326 of the IPC The accused has been arrested by Bannerghatta
Police Station subsequent to the above complaint.
(5) That it is submitted that the allegations made against the accused are false, frivolous
and vexatious and lack material substance. The applicant belongs to a very reputable
family in his locality. The allegations are that Mr Arun Kumar raped Maria D’souza
(6) That the applicant/accused is a permanent resident of 48, Hulimavu Gate,
Bannerghatta Main Road, and earning livelihood by business of stationery. The
applicant has his old parents dependent upon him and the applicant is the only bread
earner for the family.
(7) That the accused is innocent and has been involved falsely due to personal enmity and
family feud. It is submitted that the complainant is an influential and high-handed
person who has just for revenge made such serious false allegations against the
accused.
(8) That by getting the accused arrested the applicant has been deprived of his valuable
fundamental right of liberty by abuse of powers and process of law by the
complainant.
(9) That the applicant is willing to furnish surety and bail bonds to the satisfaction of this
learned court in case he is ordered to be released on bail. The applicant is also willing
to join the investigations and bind himself by the terms and conditions laid down by
the law or by this Hon'ble court. It is further submitted that the applicant is not at all
required for the investigations. However, if the applicant is required for investigation,
the accused undertakes to be present as and when required in accordance with the law.
 (10) That neither any recovery is to be effected from the applicant nor the applicant
is in a position to temper with the prosecution evidence. The applicant will associate
with the investigation whenever required to do so.

It is, therefore, most respectfully prayed that: -

(a) That the applicant may be ordered to be released on bail and this application for bail
may kindly be allowed;
(b) That till the decision of this application interim bail may be granted to the applicant;
(c) That the directions may be issued to the police to get the applicant/accused medically
examined immediately;
(d) Such other orders be also passed in favour of the applicant as deemed fit and proper in
the facts and circumstances of the case and in the interest of justice.

Mr Arun Kumar Through,

Advocate Sunil Kumar Singh

Note: -

(1) This application is filed through Mr Arun Kumar’s father and the next friend of the
accused, Mr Anil Kumar and Kishan Sharma respectively. It is, therefore, prayed that the
application of the applicant/accused may kindly be allowed and the applicant/accused may
kindly be released on interim bail in the interest of Justice.

(2) That the accused is under police custody. Therefore, the requirement of an affidavit and
signature may kindly be dispensed with.

Mr Arun Kumar Through,

Advocate Sunil Kumar Singh