The court emphasized that the absence of prior criminal history and the completion of the investigation are substantial grounds for granting bail.

ORAL ORDER

Accused No.1 in C.C.No.306/2025 pending on the file of the I Additional Senor Civil Judge and JMFC Court, Chitradurga, arising out of Crime No.134/2024 registered by the Women Police Station, Chitradurga, for the offences punishable under Sections 114 , 312, 323, 376(2)(n), 504, 149 of the Indian Penal Code, 1860 (for short ' IPC ') is before this Court in this bail application filed under Section 439 of Cr.P.C., (U/S.483 BNSS) seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.134/2024 was registered by the Women Police Station, Chitradurga, for the aforesaid offences against the petitioner and other persons based on the first information dated 10.12.2024 received from the victim girl aged about 21 years. During the course of investigation, petitioner was arrested on 13.12.2024 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application before the jurisdictional Sessions Court in Crl.Misc.No.339/2025 came to be rejected on 11.04.2025. Therefore, the petitioner is before this Court seeking regular bail.

4. FIR in the present case was registered against the petitioner and his relatives based on the first information submitted by the victim girl on 10.12.2024 alleging that the petitioner on the false promise of marrying her had taken her along with him and had forcible sexual intercourse with her and as a result, she had conceived. Subsequently, the petitioner had given her some tablets and her pregnancy was terminated. The whereabouts of the petitioner was subsequently not known and when the victim girl tried to approach his parents, they allegedly abused and criminally intimidated her.

5. Material on record would go to show that the petitioner and the victim girl had left their house on 04.03.2024 and thereafter, CW.6-Mallikarjuna, the father of alleged victim girl had approached Chitradurga Women Police and submitted a complaint. The victim girl had appeared before the Police Station on 07.03.2024 and stated that she and the petitioner were in love and she had willingly gone with the petitioner. Based on her statement, the complaint which was lodged by CW.6 was closed. The allegation now made against the petitioner by the victim girl is that on the promise of marrying her, the petitioner took her and had forcible sexual intercourse with her. The petitioner has no other criminal antecedents and is in judicial custody for the last more than six months. Investigation in the case is complete and charge sheet has been filed.

6. Considering the aforesaid aspects of the matter, more-so the statement made by the victim girl before the Police Station on 07.03.2024, I am of the opinion that the prayer made by the petitioner seeking regular bail is required to be answered affirmatively.

7. Accordingly, the following;

(i) The petition is allowed.

(ii) The petitioner is directed to be enlarged on bail in Crime No.134/2024 registered by the Women Police Station, Chitradurga, for the offences punishable under Sections 114 , 312, 323, 376(2)(n), 504, 149 of IPC , subject to the following conditions:

(a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

(b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

(c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future;

(e) The petitioner shall n