Kerala High Court: In an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) by film director, Omar Abdul Wahab (famously known as Omar Lulu), regarding a case wherein he was alleged to have committed offences punishable under Section 3761 and 376(2)(n)2 of the Penal Code, 1860 (‘IPC’) , a Single Judge Bench of P.V. Kunhikrishnan, J. granted him anticipatory bail and held that although the investigation was pending, prima facie, the parties had a consensual relationship.
Background
As per the facts of the present matter, during the course of the production of one of Omar Lulu’s movies released in 2022, an intimate relation developed between him and the actress of the movie (complainant). It was contended by Omar Lulu that during the relationship, the complainant was suspicious towards him and that she would take his phone to verify the calls and chats. It was also alleged that the behaviour of the actress became hysteric, and resultantly, the couple broke up in December 2023.
Thereafter, the actress filed a complaint against Omar Lulu allegingthat Omar Lulu took her to different hotels on multiple occasions and sexually abused her on the false pretext that he would give her another opportunity in his movie and marry her. However, Omar Lulu contended that they were in a consensual relationship.
Analysis
Considering the facts, arguments and the First Information Statement, the Court refused to make any observation on the merits of the case since the investigation was pending but opined that prima facie, the relationship between the parties was consensual.
The Court held that this was a fit case for Omar Lulu to be released on bail under Section 482 of BNSS and also, relied on P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 66, Siddharth v. State of U.P. (2022) 1 SCC 676 and Manish Sisodia v. CBI 2023 SCC OnLine SC 1393 to reiterate the principle of ‘bail is the rule, and the jail is the exception’.
Accordingly, the Court allowed the application, subject to the following conditions:
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He shall appear before the Investigating Officer (‘IO’) within two weeks.
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After interrogation, if the IO proposes to arrest him, he shall be released on bail on execution a bond for a sum of Rs.50,000 with two solvent sureties each for the like sum to the satisfaction of the arresting officer.
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He shall appear before the IO whenever required and co-operate with the investigation
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He shall not make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or to any police officer.
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He shall not leave India without permission of the jurisdictional Court.
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He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
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If any of the above conditions were violated by him, the jurisdictional Court could cancel the bail in accordance with law.
[Omar Abdul Wahab v. State of Kerala, 2024 SCC OnLine Ker 7418, decided on 20-12-2024]
Advocates who appeared in this case :
For the applicant: Advocates Babu S. Nair, Smitha Babu, P.A. Rajesh, Pranav, Siddharth Karun Pisharody
For the respondent: Advocates B. Sibi, Marian G.M. Tharakan, Krishna S.
Buy Penal Code, 1860 HERE
1. Section 64 of Bharatiya Nyaya Sanhita, 2023
2. Section 64 of Bharatiya Nyaya Sanhita, 2023