The main legal point established is that the circumstances indicating a consensual relationship and the petitioner's awareness of the case influenced the Court's decision to grant bail.

JUDGMENT

1. H.A.L police have charge sheeted the petitioner in Crime No.513/2018 of their station for the offences punishable under Sections 376, 313, 420, 504 and 506 of IPC on the basis of the complaint filed by CW.1.

2. The case of the prosecution in brief is as follows:

That the petitioner befriended CW.1 in December 2016 through face book contact and then both of them fell in love in May 2017. They met each other in Bengaluru. Accused represented that he is working in Abu Dhabi and gets her also a job there. Accordingly, she moved to Abu Dhabi in December 2017. Inducing with the promise of marriage he sexually abused her. Consequent to such relationship CW.1 conceived. Then he sent her back to India and forcibly got her pregnancy terminated in Gnana Geetha Nursing Home, Mumbai. Thereafter, he backtracked and when CW.1 questioned him, he criminally intimidated her and cheated her.

3. While filing the charge sheet, the petitioner was shown as absconding accused. He was arrested on 10.01.2020.

4. Sri A.Ramesh, learned Senior Counsel appearing for Sri Hitesh Kumar, learned Counsel for the petitioner seeks bail on the following grounds:

(i) Entire charge sheet records show that the alleged act between CW.1 and the petitioner was consensual one;

(ii) The alleged offence under Section 376 of IPC has taken place in the territory of Abu Dhabi;

(iii) Having regard to Section 188 of Cr.P.C., the petitioner cannot be prosecuted in India without sanction of the Central Government and no such sanction order is forthcoming in the charge sheet records;

(iv) Petitioner was not aware of the registration of the case or filing of the charge sheet. There is no question of he absconding. If bail is granted, he undertakes to makes him available for trial;

(v) The police have already seized the passport;

(vi) The allegations that the petitioner and his relatives threatening CW.1 are false.

5. In support of his contention, he relies upon the following judgments:

(i) X v. State of Telangana (2018) 16 SCC 511 .

(ii) Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra and Others 2018 SCC Online SC 3100 .

(iii) Pramod Suryabhan Pawar v. State of Maharashtra (2019) 9 SCC 608 .

(iv) Myakala Dharmarajam & Ors. Etc v. The State of Telangana & Anr. Crl.A.Nos.1974-1975 of 2019 (@ SLP (Crl.) Nos.8882-8883/2019) DD 07.01.2020.

6. Per contra, Sri Rakshith.R, learned Counsel for the de-facto complainant and Sri Mahesh Shetty, learned High Court Government Pleader oppose the petition on the following grounds:

(i) There is sufficient material in the charge sheet to show that the petitioner has committed the offences alleged against him;

(ii) The very fact that the petitioner could not be secured up to January 2020 shows that if bail is granted, he is likely to flee away from justice;

(iii) Since the time of remanding the petitioner to judicial custody, X is facing threatening calls;

(iv) If bail is granted, the petitioner is likely to tamper the witnesses; &

(v) Bar under Section 188 of Cr.P.C. is to try the accused without sanction and not for taking cognizance.

7. As per the settled principles of law the Court has to examine the following aspects while considering the bail application under Section 439 of Cr.P.C.

(i) Whether there are reasonable grounds to believe that the petitioner has committed an offence exclusively punishable with death or imprisonment for life;

(ii) Whether it is possible to secure the accused for trial; &

(iii) Whether there is likelihood of accused tampering the witnesses.

8. As per the complaint and charge sheet records, CW.1 and the petitioner got befriended on the social media in December 2016. They met for the first time in Bengaluru in early 2017. In November 2017 petitioner moved to Abu Dhabi to join the petitioner. The alleged act of rape was committed in December 2017. According to CW.1 herself, it was the petitioner who arranged for her visa and flight tickets to move to Abu Dhabi and he was taking her to the work place in hi