The court clarified that consensual sexual relations do not always amount to rape, emphasizing individual examination of circumstances in cases of alleged deception.

ORDER :

T. MALLIKARJUNA RAO, J.

1. This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/sole accused, seeking bail, in Crime No.50/2025 of Mahila Urban Police Station, Eluru District.

2. A case has been registered against the Petitioner for the Offences under sections 69, 77, 88 of the B.N.S.

3. The prosecution's case, in brief, iS that the de-facto Complainant, Thota Lakshmi Tejaswini, was pursuing an MD in Anesthesia at ASRAM Medical College, EIuru, from 2022 to 2025. ln March 2023, she developed an intimate relationship with the accused, who was pursuing an MD in Radiology at the same college, They became acquainted and maintained a friendly relationship. The accused professed love and promised to marry her, and trusting him, she fell in love. On October 1, 2023, the complainant rented a flat at Neeraja Apartments, Eluru, to continue her studies. During that period, the accused frequently Visited her flat, reiterated his promise to marry her, and had sexual intercourse with her multiple times. During their physical intimacy, the accused recorded nude videos and photographs of the complainant on his phone. Consequently, the complainant became pregnant. The accused coerced her into having three abortions by threatening to reveal compromising photographs and videos. on 30.04.2025, the accused had sexual intercourse With the complainant in a hotel room at N. Square, Eluru I Town area. After completing his studies, the accused returned to his native place on May 4, 2025, and ceased all communication With the Complainant. Upon informing her father, she tried to contact him, but her calls went unanswered suspecting foul play, she inquired and discovered that the accused was scheduled to marry another woman on May 10, 2025. Realizing she had been deceived, She filed a Police complaint, resulting in the registration of the FIR.

4. Learned counsel for the petitioner contends that the Police falsely implicated the petitioner without any iota of evidence; the petitioner was arrested on 08.05.2025, and has since been in judicial custody; the petitioner’s earlier bail application (Crl.M.P.No.267 of 2025) before the V Additional District & Sessions Judge-Gum-Special Court for Trial of offences against woman, West Godavari, Eluru, was dismissed mechanically on, 27.05.2025 without proper consideration; since, the investigating Officer has examined all the material witnesses and collected the necessary evidence, there is no risk of evidence tampering if the petitioner is granted bail.

5. On the other hand, the learned Assistant Public Prosecutor submits that, except for the receipt of the RFSL report, most of the investigation has been completed.

6. I have heard both Sides. Learned counsel on either side reiterated their submissions on par with the contentions presented in the petition and the report.

7. In Masroor V. State of U.P., (2009) 14 SCC 286 a Division Bench of the Hon]ble Supreme Court observed as follows:

13. ... Though at the stage of granting bail, an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, but there is a need to indicate in such order reasons for prima facie concluding why bail was being granted particularly where the accused is charged Of having committed a serious offence.

8. Learned counsel for the petitioner contends that even according to the prosecution’s case, the relationship between the petitioner and the defacto complainant was a long standing consensual physical relationship without any element of deception from its inception, as such, the same cannot be a ground for lodging the FIR for the offences mentioned above.

9. This Court views that not every instance of engaging in sexual relations with a woman under the promise of marriage constitutes rape. It cannot be universally stated that sexual intercourse under such a promise will always amount to rap