Kerala High Court Grants Bail To Man Accused Of Sexually Assaulting And Smothering Girlfriend

The Kerala High Court has granted bail to a man accused of sexually assaulting and smothering his 19-year old girlfriend to death at her house relying on medical evidence.

The Court was considering a Bail Application filed in a case registered for offences punishable under Sections 333, 76, 64, 105 and 115(2) of the Bharatiya Nyaya Sanhita, 2023.

The Bench of Justice Bechu Kurian Thomas held, "Though the allegations against the petitioner are serious, still considering the young age of the petitioner, the possibility of commencing the trial immediately being very remote, the opinion in the post mortem report and the report of the medical expert, apart from the period of custody already undergone by the petitioner and the fact that the final report has already been filed, all compel this Court to conclude that further detention of the petitioner is not necessary and he can be enlarged on bail on strict conditions."

The Applicant was represented by Advocate Navaneeth N. Nath, while the Respondent was represented by Public Prosecutor Noushad K.A. 

Facts of the Case

The Prosecution alleged that the Accused, in January this year trespassed into the house of the 19 year old daughter of the defacto complainant and due to an animosity against the victim for maintaining relationships with other men, outraged her modesty by disrobing her and after sexually abusing her, attempted to commit penetrative sexual assault. When the victim resisted the attempts, the Accused assaulted her with the handle of a hammer on various parts of her body and due to the mental trauma and agony, the Victim attempted to commit suicide by hanging herself. On noticing the Victim hanging, the Accused cut the rope and brought her down and when the survivor started shouting, the Accused smothered her with the knowledge that the said act would result in her death. Thereafter, the Accused refrained from providing any medical treatment to the Victim who had fallen unconscious by then and subsequently the Victim succumbed to the injuries and thus committed the offences alleged. 

Counsel for the Petitioner submitted that the entire prosecution allegations are false and the Petitioner has been roped in as an Accused without any basis. He submitted that the Petitioner and the Victim were in a romantic relationship and that they had been living together. According to the Counsel, the Victim was a sensitive person and had a learning disability and had even undergone severe emotional fluctuations which displayed traits of self harm and impulsive outbursts. It was submitted that, the incident was not the result of any criminal intent, but arose from a minor dispute when Petitioner confronted the Victim about her relationship with a third person.

Reasoning By Court

The Court at the outset noted that though the prosecution alleges that there was an attempt to outrage the modesty of the Victim and an attempt to indulge in forced penetrative sexual intercourse, the medical report does not indicate any such sexual assault.

"The opinion as to the cause of death is suggestive of hanging and it is also noted in the postmortem report that there were blunt force injuries which were non-accidental in nature. The doctor who conducted the postmortem has given a statement that the cause of death is on account of hanging and the subsequent smothering by the accused resulting in brain death and the failure to provide immediate medical care to save the victim. As noted earlier, there was no evidence of any forced penetrative sexual assault and though some bleeding was found from the vagina of the victim, on examination it was identified as menstrual blood", the Court observed.

Considering the medical evidence and the prosecution case, it stated that the Accused after bringing the Victim down from the hanging position smothered her and waited until she died which indicates that the Accused had behaved cruelly and did not provide her with any medical help. 

"The medical report of the victim does not indicate any recent sexual assault. In fact, prima facie, there seems to be no material to even suggest any sexual assault on the victim. There were no injuries seen on the private parts of the victim as well. The case is of the year 2025 and there is no possibility of an immediate trial. The prosecution case itself indicates that when the victim was found hanging, the accused cut the rope and brought her down and thereafter smothered her causing brain death. However, it is puzzling as to why, if there was any intention to cause death, the accused would have cut the rope and brought her down and thereafter smother her. Further, most of the antemortem injuries are only abrasions with main injury caused primarily and possibly due to the ligature around the neck. Of course those are matters to be decided at the stage of trial", the Court observed.

The Application was accordingly allowed.

Cause Title: Anoop K.M. v State of Kerala (2025:KER:74474)

Appearances:

Applicant- Advocate Navaneeth N. Nath, Advocate Abhirami S., Advocate Abdul Latheef 

Respondent- Public Prosecutor Noushad K.A. 

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