ORAL ORDER

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

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.207/2024 by Shirahatti Police Station for offences punishable under Sections 64 (2) (a) (i), 64 (2) (a) (ii), 64 (2) (m), 318 (2), 308 (2), 318 (4), 351 (2) and 115 (2) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) by sole accused (Petitioner).

2. Sri Shriharsh A. Neelopant, learned counsel for petitioner submitted, prosecution case was based on complaint filed on 24.12.2024, by victim herself alleging that petitioner had sexually assaulted her under threat and false promise of marrying her. She had friendship with petitioner as they did primary schooling and Pre University Course at same institution. Thus, they came in contact. After 2022 when petitioner got appointed as Police Constable, he misused friendship, destroyed her modesty, spoiled her reputation and rendered her lonely in society, by threatening her physically and mentally. On one occasion, he had called her for some function at his relative’s house in Hoovinahadagali Kaluve. When she arrived at his relative’s house, believing his words, except petitioner there were no other. On enquiry, he stated they were at some other venue and would take her there and asked her to freshen up. When victim went to bathroom, he followed her and behaved mischievously. Despite her refusing consent, he raped her. When she began crying, he made her believe that he would marry her. She came to know that he had taken her nude photos and made videos on his mobile without her knowledge. Thereafter, misusing her trust and on pretext of marriage he had sexual intercourse with her more than 125 times. She also stated particulars of incidents of repeated rape beginning with incident of rape at Kaluve Tanda at Hadagali on 13.10.2022 till 23.08.2024 at Police Quarters at Shirahatti, were submitted by appending her mobile phone to complaint as well as her clothes torn during sexual assault by petitioner. It was alleged, apart from having sexual intercourse against her consent, petitioner had retained her videos in his mobile and by showing videos, he was threatening/warning her against asking him to marry her. It was alleged that he had also threatened to expose photos/videos on social media platforms and force her to commit suicide. She further alleged that on strength of his employment in Police Department, he threatened to make her family members go to prison. In this manner, he extracted Rs.50,000/- through PhonePe and stated that same can be confirmed by checking call history and videos on petitioner’s mobile phone. Thereafter, when incident came to knowledge of her parents, they asked him to marry her. In response, petitioner threatened, in case same was informed to any other person, he would file complaint against them and have them arrested. Based on complaint, Crime no.207/2024 registered by Shirahatti Police Station for offences stated above.

3. Counsel for petitioner at outset submitted that there was delay in filing complaint. It was submitted, even as per victim, first incident occurred on 13.10.2022. But complaint is filed on 24.12.2024. Even if incident occurred between 13.10.2022 and 22.08.2024, there was no explanation for filing complaint after two months on 24.12.2024. Same would indicate it to be result of after thought. It was submitted, there was no recovery at instance of petitioner either photos or videos from his mobile phone. Likewise there was no basis for allegation of extraction of Rs.50,000/- from victim. Thus there was no material directly implicating petitioner except self serving assertion by victim. It was submitted, fact that victim was 25 years old beyond age of majority and capable of consenting for any act. Thus having consented for sexual act, victim had later begun denying same. In any case, victim had continued to be in consensual relationship with petiti