The court emphasized that bail should not be denied solely based on serious accusations, especially without substantive evidence of coercion or a criminal history.

ORDER :

S. VISHWAJITH SHETTY, J.

1. Accused in Spl.C.No.673 of 2025 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Ballari arising out of Crime No.96 of 2025 registered by Kottur P.S., Vijayanagara District for the offences punishable under Sections 329 (4), 78(2), 65(1) of the BNS, 2023 and Sections 4 (2) and 6 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 4 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS 2023) seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.96/2025 was registered by Kottur P.S., Vijayanagara District for the aforesaid offences against the petitioner herein based on the first information dated 27.04.2025 received from the victim girl aged about 15 years 7 months. During the course of investigation, petitioner was arrested on 28.04.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.673 of 2025 was rejected on 21.06.2025. Therefore, he is before this Court.

4. In the first information which is submitted by the victim girl aged about 15 years 7 months, she has stated that she is acquainted to the petitioner for the last about one year. He was pressuring her to love him and he also had assured to marry her.

5. On 06.04.2025 at about 11:50 p.m. when she and her younger brother were sleeping in the house, the petitioner came inside the house and had sexual intercourse with her against her wishes and promised to marry her. She has further stated that on 16.04.2025 at about 11:30 p.m. when she was returning from a marriage, on the way, the petitioner took her into a dilapidated house and had sexual intercourse with her inside the said house against her wishes. She has further stated that on 26.04.2025 at about 12:00 in the noon when she was alone in the house, the petitioner came inside the house and at the same time her father also came towards the house and after seeing her father, the petitioner ran away. When her father enquired with her, she informed him about the act committed by the petitioner and it is under these circumstances, FIR was registered against the petitioner for the aforesaid offences.

6. The statement of the victim girl under Section 183 of the BNSS , 2023 was recorded by the jurisdictional Magistrate, during the course of investigation. Even in the said statement, the victim girl has reiterated the averments found in the first information. In the medical records of the victim girl and also in the forensic science laboratory report, there is nothing which is suggestive of forcible sexual intercourse by the petitioner, as alleged. The investigation of the case is completed and charge sheet has been filed. The petitioner aged about 23 years, who has no other criminal antecedents is in custody for the last four months. The victim girl had not made any complaint against the petitioner earlier and it is only after her father saw the petitioner with the victim girl, she had allegedly revealed about the act committed by him. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits or demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:

ORDER

The Criminal Petition is allowed. The petitioner – accused No.1 is directed to be enlarged on bail in Spl. C. No.673 of 2025 pending before the Addl. District & Sessions Judge, FTSC-I, Ballari arising out of Crime No.96 of 2025 registered by Kottur P.S., Kottur Circle, Vijayanagara District for the offences punishable under Sections 329 (4), 78(2), 65(1) of the BNS, 2023 and Sections 4 (2) and 6 of the Protection of Children from Sexual Offences Act, 2012 , subject to the following conditions:

(i) The petitioner – accused No.1 shall execute personal bond for