The court granted anticipatory bail despite serious allegations, citing lack of substantial evidence and the lengthy delay in filing the complaint as factors for consideration.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023 (‘BNSS’ for short) for grant of anticipatory bail in Crime no.224/2024 by Vidyagiri Police Station for offences punishable under Sections 376 , 384, 354, 417, 323, 504 , 506 and Section 149 of Indian Penal Code , 1860 (‘ IPC ’ for short) by accused no.1 (petitioner).

2. Sri AM Malipatil, learned counsel for petitioner submitted that petitioner was an 41 years old agriculturist, law abiding citizen and having reputation in society. He apprehended arrest based on frivolous complaint filed by complainant/victim on 09.12.2024 stating that she was originally from Nidagundi of Vijayapur District and that petitioner, a resident of Devalapur in Bijapur District had acquainted himself with her in year 2016-17 as a Film Director. That during December, 2017, he had under threat to her life, disrobed her and forcibly raped her in his office above Siddasiri Souhardha Bank at Nidagundi and threaten her by stating that he had videographed incident. By blackmailing her in this manner, he had raped her several times. It was further alleged despite being married, he had entered into make believe marriage with her on 02.12.2021 at Bengaluru, which was not valid in law and had continued sexual relationship with her. After she found about his earlier marriage and she had resiled to be by herself, on 10.10.2024 petitioner’s sister and his brother’s wife had come to Navanagar, where she was residing and not only insisted her to be with him after resigning from her job, but also threatened her.

3. Thereafter, petitioner began blackmailing her threatening to post her edited/morphed photographs on social media and also share her rape video with everyone. It was alleged that he had also blackmailed her into paying him more than Rs.4,75,000/- through GooglePay, cash etc. And during February, 2024, he had blackmailed her to come to Crown Inn Hotel at Sattur, where he once again raped her. Thereafter, he was following her and threatening to kill her in same manner as two girls murdered in Hubballi and also threatening to lodge cases against her and her family members under provisions of Karnataka Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. And on 11.11.2024 he had come to her Office in KMF and abused her in filthy language and alleged that she was in illicit relationship with someone else. He had also assaulted her physically and threatened to obtain information about her under RTI Act and post same along with her obscene photographs on social media and destroy her social image. And by this method he had instilled fear for her life if she did not sleep with him whenever he wants and pay him money.

4. It was further alleged that at 3:24 p.m., on 03.12.2024, petitioner along with Anil Rathod, Dariyappa Hosamani, Ashok Hebbal, Sanganna Dambal and two – three others had come near ladies PG, where she was residing and began roaming around uttering life threats, whenever she came outside and insisting on her continuing illicit relationship with him and also continue paying him money. On above allegations, she sought action against petitioner. Based on same, Crime no.224/2024 was registered by Vidyagiri Police Station for above mentioned offences.

5. It was submitted, as per complaint incident took place in year 2017. However, complaint was filed only on 09.12.2024, delay of more than 7 years. It was submitted, instead of filing complaint immediately after incident, filing it after enormous delay was with intention to harass petitioner. It was submitted, prolonged period of sexual relationship indicated her consent. It was submitted, failure to mention particulars of money transferred to petitioner indicated its falsity. It was lastly submitted, there were no criminal antecedents, therefore petitioner was entitled for bail.

6. On other hand, Sri Jairam Siddi, HCGP for respondent no.1 - State submi